HomeMy WebLinkAbout2020-09-01 Meeting AgendaCommission Meeting Agenda
Virtual/Teleconference
9/1/2020
2:00 PM
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
Five (5) minute time limit per delegation
DELEGATIONS
A. Keith Henry regarding maintenance issues on Henry Street. (Deferred
from the August 18, 2020 meeting requested by Commissioner Mary
Davis)
Attachments
B.Mr. Clyde Rouzan regarding the naming of the (Augusta
Utilities/Engineering) Walker Street Building in honor of late Augusta
Utilities' Director Tom Wiedmeier.
Attachments
C.Ronic West regarding Equity and Prosperity for the Underserved
Community. Attachments
D.Natalie Bryan regarding the introduction of P.E.A.R.L to create toolkits
to address the disparate impacts of COVID-19 amongst African
American communities in the arena of Domestic/Intimate Partner
Violence and abuse.
Attachments
E.Ernesia Wright regarding The Georgia Soul Women's Basketball
Organizations Equity and Prosperity for Underserved Community.Attachments
F.Dr. Timothy M. Williams, Sr. regarding Equity and Prosperity for
Underserved Community Attachments
G.JoRae Jenkins regarding fair elections in Augusta-Richmond County. Attachments
CONSENT AGENDA
(Items 1-3)
PLANNING
1. Z-20-37 – A request for concurrence with the Augusta Georgia Planning
Commission to approve, with the conditions below, a petition by Louis
White, on behalf of Josie Alexander, requesting a change of zoning from
Zone R-1B (One-family Residential) to Zone R-3 B (Multiple-family
Residential) affecting property containing 2.22 acres and known as 2403
Mount Auburn Street. Tax Map 034-1-210-00-0 REPLACES Z-20-19
DISTRICT 1 1. The development must substantially conform to the
concept plan filed with this application. 2. Provide a sidewalk on
Montgomery Street that connects the proposed parking lot to the nearby
intersection and meets ADA standards. 3. Any fencing above 4 feet in
the front setback will require approval of a variance. 4. Any building
encroachment in the front setback require variances from the minimum
setback regulations. 5. The development must comply with the
provisions of the Augusta Tree Ordinance. 6. Main building shall retain
the Weed School name and the remaining 3 buildings shall be named by
the Community for past educators, principals etc. 7. A Monument
honoring the history of the school to be placed in front of the main
building shall be designed and constructed by the Community at the cost
of the Community with the developer having final approval over the
design.
Attachments
PETITIONS AND COMMUNICATIONS
2.Motion to approve the minutes of the Administrative Services
Committee, Regular, Special Meetings held on August 18, 2020 and
August 26, 2020.
Attachments
SUBCOMMITTEE
Pension Committee
3.Motion to approve Ordinances Restating the 1945 and 1949 Pension
Plans and submission to IRS for favorable determination letter.
(Approved by the Commission on September 18, 2020 - second
reading).
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
9/1/2020
AUGUSTA COMMISSION
REGULAR AGENDA
9/1/2020
(Items 4-23)
PLANNING
4.Ms. Edith Peebles regarding the Final Plat for Wrights Point - S-903.Attachments
PUBLIC SERVICES
5.Motion to approve Existing Location: A.N. 20-32: request by Maan
Cheang for a consumption on premise Liquor License to be used in
connection with New Ming Wah Restaurant, Inc. located at 3415
Wrightsboro Rd. There will be Sunday Sales. District 5. Super District
9.
Attachments
6.Motion to approve New Application: A.N. 20-31: request by Philip G.
Caldwell for a consumption on premise Liquor, Beer & Wine License
to be used in connection with Miller Theater, LLC located at 708 Broad
Street. There will be Sunday Sales. District 1. Super District 9.
Attachments
7.Motion to approve the Change Order #1 Remac, Inc. for Project
Taxiway F, South Apron and Taxilane Rehabilitation at the Augusta
Regional Airport in the amount of $97,739.08.
Attachments
ADMINISTRATIVE SERVICES
8.Discuss and provide a solution for the security and safety of our code
enforcement officers. (Requested by Commissioner Sammie Sias)Attachments
9.Motion to deny the Protest and Appeal of TranterGrey Media regarding
RFP 20-172 Airport Marketing Agency. (No recommendation from
Administrative Services Committee August 18, 2020)
Attachments
10.Motion to receive as Information Housing and Community Development
Development’s FY2019 Consolidated Annual Performance and
Evaluation Report (CAPER). (Deferred from the August 18, 2020
Commission Meeting)
Attachments
11.Motion to approve HCD’s request to enter into a Memorandum of
Understanding with the, Greater Augusta Black Chamber of Commerce,
and Antioch Ministries, Inc., and the Metro Augusta Chamber of
Commerce, in support of HCD’s Micro-Enterprise Technical Assistance
Program.
Attachments
12.Motion to approve Housing and Community Development Department’s
(HCD's) Substantial Amendment Request for the allocation of
$3,583,023.00 in CARES Act funds for CDBG, ESG and HOPWA.
(Requested by Commissioner Sammie Sias)
Attachments
13.Motion to approve Housing and Community Development Department’s
(HCD's) request to HOME funding to Sand Hills Urban Development to
develop one (1) single-family unit for a low-to-moderate income family.
Attachments
14.Motion to approve Housing and Community Development Department’s
(HCD's) request to provide funding to assist one (1) low-to-moderate
income homebuyer with down-payment assistance to purchase a home.
Attachments
15.Motion to approve Housing and Community Development Department’s
(HCD's) partnership request with Georgia Rehabilitation Institute, Inc.,
and accept their financial commitment of $100,000.
Attachments
16.Motion to approve Housing and Community Development Department’s
(HCD's) request to provide HOME funding to assist one (1) low to
moderate income homebuyer with gap financing, down payment and
closing cost to purchase homes though the Employee Incentive Program.
Attachments
PUBLIC SAFETY
17.Receive as information an update on the new MyAugusta311 mobile
application and web portal. Attachments
FINANCE
18.Present the financial report for the 6 month period ended June 30, 2020. Attachments
19.Motion to approve purchase of updated audio/visual equipment for
conference rooms in Tax Commissioner’s offices at: Municipal Building,
South Augusta Tag Office, and West Augusta Tag Office.
Attachments
20.Motion to approve $50,000 funding request to assist Greater Augusta’s
Interfaith Coalition's Total Census Count Initiative. To support census
responses from hard to count citizens and the support for 15 sites of
activities for respondents of the local Census Count. (Requested by
Commissioner Bill Fennoy)
Attachments
21.Approve resolution authorizing execution of the intergovernmental
agreements (IGA) and related documents with the Urban Redevelopment
Agency (URA) to issue bonds for the Laney Walker Bethlehem
redevelopment project.
Attachments
ENGINEERING SERVICES
22.Attachments
Discuss and offer solutions for ongoing grounds maintenance shortfalls
that is the city's main entry points into the county. (Requested by
Commissioner Brandon Garrett)
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
23.Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Upcoming Meetings
www.augustaga.gov
Commission Meeting Agenda
9/1/2020 2:00 PM
Keith Henry
Department:
Department:
Caption: Keith Henry regarding maintenance issues on Henry Street.
(Deferred from the August 18, 2020 meeting requested by
Commissioner Mary Davis)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Mr. Clyde Rouzan naming the Walker Street Bldg.
Department:
Department:
Caption:Mr. Clyde Rouzan regarding the naming of the (Augusta
Utilities/Engineering) Walker Street Building in honor of late
Augusta Utilities' Director Tom Wiedmeier.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
commission mee''ngs: First and third ruesdays of each month - 2:00 p.m.
committee meetings: second and last Tuesdays of each month - 1:00 [.m.
commission/committee: (Please check one and insert meeting date)
,/,,/ Commission_---7_-Date ofMeeting (ep/ l, 2ozo
Date of Meeting _Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
contact Information for Individuaupresenter Making the Request:
Name:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
Caption/Topic of Discussion to be placed on the Agenda:
Please send this request form to
Ms. Lena J. Bonner
Clerk of Commission
Room 806 Municipal Building
530 Greene Street
Augusta, GA 30901
the following address:
Telephone Number:
Fax Number:
E-Mail Address:
706-821-1820
706-821-1838
nmorawski@augustaga. gov
Requests may be faxed, e-mailed or delivered in person and must be received in the ClerknsOffice no later than 9:00 a.m. on the Thursday pieceding the Commission meeting and 9:00a.m. on the Thursday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentations.
Commission Meeting Agenda
9/1/2020 2:00 PM
Ronic West
Department:
Department:
Caption:Ronic West regarding Equity and Prosperity for the Underserved
Community.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month - 2:00 p.m.
Committee meetings: Second and last Tuesdays of each month - 1:00 p.m.
Commission/Commiffee: (Please check one and insert meeting date)
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
q- l-ro&b )-P^
- q2Q UJaTerc'o<,+
Contact Information for IndividuaVPresenter Making the Request:
Name:c- l,,o egr
Address:
Telephone Number:
Fax Number:
E-Mail Address:
Caption/Topic of Discussion to be placed on the Agenda:
fot*t QK
Eno4
u/ Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Please send this request form
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
to the following address:
Telephone Number: 7 06-821-1820
Fax Number: 706-821-1838
E-MailAddress: nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s
Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and
5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-
minute time limit will be allowed for presentations.
Commission Meeting Agenda
9/1/2020 2:00 PM
Natalie Bryan
Department:
Department:
Caption:Natalie Bryan regarding the introduction of P.E.A.R.L to create
toolkits to address the disparate impacts of COVID-19 amongst
African American communities in the arena of
Domestic/Intimate Partner Violence and abuse.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month - 2:00 p.m.
Committee meetings: Second and last Tuesdays of each month - 1:00 p.m.
Commission/Committee: (Please check one and insert meeting date)
X Commission Date of Meeting September 1,2020
Public Safety Committee Date of Meeting
Public Services Committee Date of Meeting
Administrative Services Committee Date of Meeting
Engineering Services Committee Date of Meeting
Finance Committee Date of Meeting
Contact Information for IndividuaUPresenter Making the Request:
Name: Natalie Bryan
Address: 1268 Merry Street Augusta, GA 30904
Telephone Number: 762-5854610
Fax Number:
E-Mail Address: natalie@wearepearl.org
Caption/Topic of Discussion to be placed on the Agenda:
The introduction of P.E.A.R.L. to create toolkits to address the disparate impacts of Covid-19 amongst
African American communities in the arena of Domestic/ lntimate Partner Violence and abuse. A part of P.E.A.R.L.'s
mission is to promote advocacy and education to the community through comprehensive developmental
programs and services.
Please send this request form to the following address:
Ms. Lena J. Bonner Telephone Number: 706-821-1820
Clerk of Commission Fax Number: 706821-1838
Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov
535 Telfair Street
Augusta, GA 30901
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's
Oflice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and
5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-
minute time limit will be allowed for presentations.
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Commission Meeting Agenda
9/1/2020 2:00 PM
Ernesia Wright
Department:
Department:
Caption:Ernesia Wright regarding The Georgia Soul Women's Basketball
Organizations Equity and Prosperity for Underserved
Community.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
commission mectiags: Flrst rnd thlrd Tucrdryr of erch month - 2:00 p.m.
committee meetingr: sccond rnd trtt Tuerdryr of erch month - l:00 p.m.
cornmission/committce: (Ptc$s cbeck onc and lnrcrt mcctlng drtc)
tJ Commission
Public Safety Committee
Public Services Commitrce
Administrative Services Committee
Engineering Services Committee
Finance Committee
Date of Meeting (pgr I *eoerr
Date of Meeting
Datc of Meeting
-
Date of Meeting
-
Date of Meeting
Date of Meeting ---
Contact Information for IndividuaUPresenter Making the Request:
Name:
Address:
Telephone Number:
Fa:< Number:
E-Mail Address: 'lJ^or0en"gra cn...t A g,r.+i\ '( errt
of Discussion to be Placed onthe
Please setrd this request fonn to the following address:
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 MuniciPal Building
535 Telfair Street
Augusta, GA 30901
Telephone Number: 706-821-1820
Far Number: ' 706'821-1838
E-Mail Address: nmorawski@augustlga'gov
Requests may be faxed, e-mailed orderivered in person atrd must be receivd in the clerk's
office no rater than 5:00 p.m. on tne weanesrlay prcceding the commission meeting anil
5:00 p.m. on the r*rarv preceding the committee meetinf of the followingweek A five'
;l"ut fime timit will bcailowed for presentations'
Scanned with CamScanner
Commission Meeting Agenda
9/1/2020 2:00 PM
Dr. Timothy M. Williams, Sr.
Department:
Department:
Caption:Dr. Timothy M. Williams, Sr. regarding Equity and Prosperity
for Underserved Community
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
commission meetings: First and third ruesdays of each month - 2:00 p.m.
committee meetings: Second and last Tuesdays of each month - 1:00 [.m.
commission/committee: (Please check one and insert meeting date)
X Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
91U2020
contact Information for Individual/Presenter Making the Request:
Name:Dr. Timothy M. Williams Sr.
Address: 5046 Travertine Dr.. Appling GA, 30802
Telephone Number: 706-799-jl2lFaxNumber: 706-181-7|26
E-Mail Address:
Caption/Topic of Discussion to be placed on the Agenda:
Agenda Item: Equity and Prosperiw for Underserved communitv
Please send this request form to the following address:
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
Telephone Number: 706-821-1820
Fax Number: 706-821-1838E-MailAddress: nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and
5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentations.
Commission Meeting Agenda
9/1/2020 2:00 PM
JoRae Jenkins
Department:
Department:
Caption:JoRae Jenkins regarding fair elections in Augusta-Richmond
County.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month - 2:00 p.m.
Committee meetings: Second and last Tuesdays of each month - 1:00 p.m.
commission/committee: (Please check one and insert meeting date)
Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
SqP- 6fr eYwr
Date of Meetins q \\ \ 2oZO
Date of Meeting _
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Contact Informafion for IndividuallPresenter Making the Request:
Name:
Address:
Telephone Num
Fax Number: l/
E-Mail Address:
on the Agenda:
Please send this request form
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
to the following address:
Telephone Number: 706-821-1820
Fax Number: 706-821-1838
E-MaitAddress: nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s
Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and
5:00 p.m. on the Tuesday preceding the Committee meefing of the following week. A five-
minute time limit will be allowed for presentations.
Commission Meeting Agenda
9/1/2020 2:00 PM
Z-20-37
Department:Planning and Development
Department:Planning and Development
Caption: Z-20-37 – A request for concurrence with the Augusta Georgia
Planning Commission to approve, with the conditions below, a
petition by Louis White, on behalf of Josie Alexander,
requesting a change of zoning from Zone R-1B (One-family
Residential) to Zone R-3 B (Multiple-family Residential)
affecting property containing 2.22 acres and known as 2403
Mount Auburn Street. Tax Map 034-1-210-00-0 REPLACES
Z-20-19 DISTRICT 1 1. The development must
substantially conform to the concept plan filed with this
application. 2. Provide a sidewalk on Montgomery Street that
connects the proposed parking lot to the nearby intersection and
meets ADA standards. 3. Any fencing above 4 feet in the
front setback will require approval of a variance. 4. Any
building encroachment in the front setback require variances
from the minimum setback regulations. 5. The development
must comply with the provisions of the Augusta Tree
Ordinance. 6. Main building shall retain the Weed School name
and the remaining 3 buildings shall be named by the Community
for past educators, principals etc. 7. A Monument honoring the
history of the school to be placed in front of the main building
shall be designed and constructed by the Community at the cost
of the Community with the developer having final approval over
the design.
Background:On July 21, 2020 the Commission deferred this matter for 30
days in order to plan meeting(s) with the neighborhood. The
Planning Department facilitated a meeting with the developer for
the Weed School and the Sandhills Community on August 4 @
1pm. Pastor Thomas and the other attendees agreed to move the
project forward with the support of the Community with these
additional conditions: Items 6 & 7
Analysis:
Cover Memo
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Minutes
Department:
Department:
Caption:Motion to approve the minutes of the Administrative Services
Committee, Regular, Special Meetings held on August 18, 2020
and August 26, 2020.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda Virtual/Teleconference - 811812020
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom,
M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond
County Commission.
INVOCATION:
PLEDGE OF AILEGIANCE TO THE FLAG OF THE LTNITED STATES OF AMERICA.
Five (fl minute time limit per delegation
DELEGATIONS
A. Mr. Randy Walden, remove trees at 1833 Fenwick Street, right-of-way from Item
the sidewalk. Action:
None
the Commission.
B. Ms. Edith Peebles regarding the Final plat for wrights point - s-903.
E sxlr costzoozzgl gszo.por
lB ItemApprovalsheet.html
Motions
Motion Motion Textr ype
Mr. Walden did not appear before
Made Seconded MotionBy By Result
Made Seconded MotionBy By Result
Item
Action:
None
B ltemAoorovalsheet html
Motions
Motion Motion TextI vneJt -
Presentation is made by Ms. Peebles;
this item is to be discussed further at
the next Commission meeting on
September 1.
C. Ms. Deborah Bunch regarding Hale Foundation ZoningException. Item
Action:
None
IB ltemAnorovrlSheet.html
Motions
Motion Made Seconded Motion
Type Motion Text By By Result
Presentation is made by Ms.
Bunch.
D. Mr. George Hatcher regarding Hale House Foundation Zoning Exception. Item
Action:
None
lB ItemAnorovelSheet.html
Motions
Motion Made Seconded Motion
Type Motion Text By By Result
Presentation is made by Mr.
Hatcher.
E. Rev. James Williams, Jr, H.O.P.E. Inc. regarding Green Meadows; Hale Item
House. Action:
None
E 2020.18.08 Rev. Jrmes witliams Jr..pdf
B ltemApprovalSheet html
Motions
Motion Made Seconded Motion
Type Motion Text By By Result
Presentation is made by Rev.
Williams.
F. Rev. Anthony M. Booker regarding Hale House Project in Green Meadows.
Item
Action:
None
E 2020-18-08 Rev. Apthotrv Booker.pdf
B ItemApnrovalSheet.html
Motions
Motion Made Seconded Motion
Type Motion Text By By Result
Presentation is made by Rev.
Booker.
G. Mr. Harold Jones, II regarding Hale Foundation ZoningException. Item
Action:
None
lE ItemApprovalsheelhtml
Motions
Motion Made Seconded Motion
TyPe Motion Text By By Result
Presentation is made by Mr.
Jones.
CONSENT AGENDA
(Items l-8)
PLANNING
1. FINAL PLAT - CUSHENDAL ADDITION - 5-874 - A request for ltem
conculrence with the Augusta Georgia Planning Commission to approve a Action:
petition by C. E. Dudley, on behalf of Southern Meadows Development LLC., Approved
this subdivision is located on Cushendal Road off Belair Road and contains 6
lots. (Reviewing agenda approval under Performance Guarantee 713112020)
DISTRICT 3
Motions
f#:" Motion Text Made By seconded By #r|ll
Approve passes
Motion to approve. Commissioner Commissioner
Motion Passes l0-0. Sammie Sias Ben Hasan
2. FINAL PLAT - KINGSTON SUBDMSION - 5-2019-021- A request for Item
concurrence with the Augusta Georgia Planning Commission to approve a Action:
petition by Cranston Engineering Group, on behalf of Antioch Ministries Inc., Approvedin partnership with Augusta Housing and Community Development
Department, requesting final plat approved for Kingston Subdivision. This
residential subdivision contains 5 lots, one new cul-de-sac and one access lane
and is located off Holley Street. DISTRICT I
lB ItemApprovelsheet.html
Motions
Motion
Type
Approve
Motion Text Made By
Motion to approve. Commissioner
Motion Passes 10-0. Sammie Sias
Commissioner
Ben Hasan Passes
Seconded By Motion
Result
Motion
Result
3. FINAL PLAT - SIMS LANDING PHASE I - 5-912 - A request for ltem
concurrence with the Augusta Georgia Planning Commission to approve a Action:
petition by Cranston Engineering Group, on behalf of D. R. Horton LLC, Approved
requesting final plat approval for Sims Landing Ph. I adding 3 new lots to a
previously approved plat. This residential subdivision is located off Gordon
Highway. DISTRICT 3
B ItemApprovalsheet.html
Motions
Motion- "'-"" Motion TextI ype Made By Seconded By
^ Motion to approve. Commissioner CommissionerApprove ultion passes l0-0. Sammie sias Ben Hasan Passes
4. FINAL PLAT - SOUTHAMPTON SEC. 7 - 5-910 - A request for ltem
concurrence with the Augusta Georgia Planning Commission to approve a Action:
petition by Southern Partners Inc., on behalf of Coel Development Co. Inc., Approved
requesting final plat approved for Southampton Sec. 7. This residential
subdivision contains 86 lots and is located off Bellingham Drive adjacent to
Southampton Sec.6. (Reviewing agency approval712812020) DISTRICT 4
5. Z'20-39 - A request for concurrence with the Augusta Georgia Planning
Commission to approvewith the condition below, a petition by Andre
Largent, on behalf of Doug Frohman, requesting a change of zoning from
Zone B-1 (Neighborhood Business) to Zone B-2 (General Business)
affecting property containing 1.27 aqes and known as 3110 Washington
Road. Tax Map 0ll-0-277-00-0 DISTRICT 7 l. The business must
obtain a license and comply with all applicable City codes and regulations.
B ItemApprovalsheet.html
Motions
Motion Motion TextI ype
a -----.^__- Motion to approve.APProve Motion Passes lo-0.
B z-20-39.odf
B ItemAoorovalsheet.html
Motions
Motion Motion TextI ype
A .^__^_-^ Motion to approve.APProve Motion passes lo-0.
Commissioner Commissioner
Sammie Sias Ben Hasan Passes
Made By Seconded By
Made By Seconded By
Motion
Result
Motion
Result
Motion
Result
Item
Action:
Approved
Commissioner Commissioner
Sammie Sias Ben Hasan Passes
6. Z'20'41 - A request for concurrence with the Augusta Georgia Planning Item
Commission to approve a petition by E. Marlow Mclntyre Jr., on behalf of Action:
MacKenna Holdings LLC, & Rick Alben, requesting a change of zoning from Approvedzone R-lA (one-family Residential) to zone R-lc (one-family
Residential) affecting property containing 0.47 acres and known as 3207
Peninsula Drive. Tax Map 039-0-210-00-0 DISTRICT 3
B z-20-4l.odf
tB ItemAporovalsheet.html
Motions
Motion Motion Textr ype Made By Seconded By
Approve Motion to approve. Commissioner Commissioner Passes
Motion Passes l0-0. Sammie Sias Ben Hasan
7. Z-20-42 - A request for concurrence with the Augusta Georgia Planning Item
Commission to approve, with the conditions below, a petition by Hillpointe Action:
LLC and James Overstreet, Attorney, on behalf of Belair Baptist Church Inc. Approved
and Georgia Vitrified Brick & Clay Co., requesting a change of zoning from
Zone A (Agriculture) to Zone R-3C (Multiple-family Residential) affecting
property containing approximately 27 acres and known as part of 3947 Harper
Franklin Avenue (aka ll87 George C.Crawford Drive) and 4005 Jimmie
Dyess Parkway. Tax Map part of 066-0-056-03-0 and 066-0-055-
00-0 DISTRICT 3 l. This approval is for no more than 300 units, limited
to 3 stories or 55 feet and shall substantially comply with the submitted plan.
2. The final site plan shall include walking trails and/or bike paths within
the development and connect to adjacent tracts where possibly. 3. This
project shall comply with all development standards and regulations set forth
by the City of Augusta, GA. 4. Vehicular access from Jimmy Dyess
Parkway shall consist of a break in the median to allow a left turn lane with
100' of taper and 250' of storage if possible. 5. A deceleration lane shall be
provided at the intersection of George W. Crawford Drive and Jimmy Dyess
Parkway. 6. Traffic control signs shall indicate "right turn in" and "right
turn out only" at the intersection of George W. Crawford Drive and Jimmy
Dyess Parkway. 7. Sidewalks shall be provided throughout the project and
along both sides of George W. Crawford Drive. All new sidewalks must meet
ADA standards. 8. The development must comply with the provisions of
the Augusta Tree Ordinance.
E z-2042.odf
lE ItemAoorovalsheet.html
Motions
Motion- """" Motion Text'l'ype Seconded By Motion
ResultMade By
^ Motion to approve. Commissioner CommissionerApprove *l,to, Passes l0-0. sammie sias Ben Hasan Passes
PETITIONS AND COMMUNICATIONS
8. Motion to approve the minutes of the regular meeting held on August 4,2020 ltem
and the special called meeting on July 21,2020. Action:
Approved
IB Resular Commission lleetinq Ausust 4 2020.odf
lE Called Commission Meetins Julv 2l 2020.pdf
IB ItemApprovalsheet html
Motions
x:j*l"" Motion Text Made By'r ype
A ---^_.^ Motion to approve. CommissionerApprove Motion Pasies l0-0. Sammie Sias
,f ,T**END CONSENT AGENDA:I'f **
AUGUSTA COMMISSION
8n8t2020
seconded By Motion
Result
Commissioner
Ben Hasan Passes
AUGUSTA COMMISSION
REGULAR AGENDA
8118t2020
(Items 9-45)
PLANNING
9, Z'20'38 - A request for conculrence with the Augusta Georgia Planning ltem
Commission to approve, with the conditions below, petition by The Hale Action:
Foundation Inc. requesting a Special Exception to establish an In-patient Disapproved
Medical Substance Abuse Treatment Center for First Responders per
Section 26'l'9 of the Comprehensive Zoning Ordinance for Augusta
Georgia and o.c.G.A. at 36-66-4(t) of the Georgia state code on property
located at 3042 Eagle Drive containing 20.65 acres and known as Tax Map
109-0-001-00-0. DISTRICT 6 l. The Special Exception for this
property is for an alcohol, drug and post-traumatic stress disorder treatment
facility for first responders only. If the clientele or treatment program
changes, the applicant/owner must apply for a new Special Exception.2. Final approval of this project is contingent on obtaining an easement,
in writing, from the State of Georgia to provide driveway access to the
property from Augusta Tech Drive. All egress and ingress to this property
is to be through this driveway. 3. A privacy fence consisting ofiolid
wood board six feet in height shall be installed along the east boundary line
of the property at Augusta Tech Drive to head south +/- 1,772 feet to Eagle
Drive, continue across Eagle Drive and follow the southern property
boundary along 3038 Eagle Drive,3040 Eagle Drive and 2900 Green
Meadows Drive. Access from Eagle Drive is for emergencies only. A 50
foot vegetative buffer shall be installed along the fence line except where
emergency access is provided. 4. Any expansion, additions or
alterations to the property must comply with all development standards and
regulations set forth by the City of Augusta, GA and must receive site plan
approval prior to any changes.
B z-20-38.odf
B ltemAnorovalsheet.html
Motions
Motion- -'-"" Motion Text'l'ype
Motion to deny this
request. Mr. Fennoy
abstains.
Voting No:
Commissioner
John Clarke,
CommissionerDeny Mary Davis,
Commisioner
Sean Frantom,
Commissioner
Brandon Garrett,
Commissioner
Marion Williams.
Motion Fails 4-5 -1.
Motions
Motion
Type
Approve
Motion Text
Substitute motion to
approve. Mr. Fennoy
abstains.
Voting No:
Commissioner
Ben Hasan,
Commissioner
Sammie Sias,
Commissioner
Bobby Williams,
Commissioner
Made By Seconded By Motion
Result
Commissioner
Sammie Sias
CommissionerDennis Fails
Williams
Made By
Commissioner
Brandon
Garrett
Seconded By
Commisioner
Sean Frantom
Motion
Result
Fails
Dennis Williams.
Motion Fails 5-4 -1.
PUBLIC SERVICES
10. Motion to approve New Ownership Application: A.N. 20-28: request by Item
Pragna Patel for a retail package Beer & Wine License to be used in Action:
connection with DPP Gas, LLC located at 3735 Mike Padgett Hwy. District Approved
8. Super District 10.
B aN.zo-z8.oar
E ItemAonrovalsheet.html
Motions
X:jtl"' Motion Text Made By seconded By Motion
I YPe '.--"- -r Result
^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Marion williams Ben Hasan Passes
11. Motion to approve New Ownership Application: A.N. 20-29: request by Item
Ashfaque Khan for a retail package Beer & Wine License to be used in Action:
connection with Fuel Express located at 2700 Peach Orchard Rd. District 2. Approved
Super District 9.
B AN.2o-29.pdf
(E ItemAoorovalsheet.html
Motions
X:tl'" Motion Text Made By seconded By Motion
I YPe -'---- -J Result
a ,-,, Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Marion williams Ben Hasan Passes
12. Motion to approve New Ownership Application: A.N. 20-30: request by Item
Maria F. Singh for a consumption on premise Liquor, Beer & Wine License Action:
to be used in connection with El Veracruzlocated at 1077 Stevens Creek Rd. Approved
There will be Sunday Sales. District 7. Super District 10.
B.lN.2o-3o.odf
El ItemAnnrovalsheet,html
Motions
f#:"' Motion rext Motion
Result
Motion
Result
Passes
Operator
at 2368
Motion
Result
Item
Action:
Approved
^ Motion to approve. Commissioner CommissionerApprove vtotion Passes l0-0. Marion williams Ben Hasan Passes
13. Motion to approve the Daniel Field Airport Environmental Assessment Item
Tentative Allocation and approve the mayor signing the response letter to Action:
GDOT. Approved
B salon 419 mrssage.odf
{E ItemAoprovalSheet.html
Motions
Motion:""^"- Motion Text Made By'l'ype
Made By Seconded By
Made By Seconded By
Seconded By
B ta LptrnR.oot
E NEW-GRANT.PROPOSAL.Ddf
B ltemAoorovalsheet.html
Motions
Motion Motion Textl.e
^ Motion to approve. Commissioner CommissionerApprove Motion Passes l0-0. Sammie Sias Ben Hasan
14. Motion to approve a request by Angela Dumas Reed for a Massage
License to be used in connection with Salon 419, LLC located
Barton Chapel Rd. District 5. Super District 9.
^ Motion to approve. Commissioner CommissionerApprove ,orto, Passes l0-0. Marion williams Ben Hasan Passes
15. Motion to approve Bid Item 20-178 to Poolside Inc. and payment for work Item
performed and to include additional work requested under a change order for Action:
the re-plastering of the Bernie Ward Swimming Pool. Bid Item 20-178 - Approved
543,775.00 plus the change order for $9,323.46 for a total of $53,098.46
B 20-178 Advertisement to Paper,pdf
B 20-178 TAB.pdf
E 20-178 Deprrtment Recommendaiton of Award.pdf
E Mril List and Dematrdstar Planholders.pdf
{E| Georgia Procurement Registry Vendor Summary.pdf
lB Chanqe Order Pool Replastering.pdf
IB ItemApprovalsheet.html
Motions
Motion Motioni;; Motion Text Made By Seconded By Result
a __-^_-^ Motion to approve. Commissioner CommissionerApprove Motion passes 10-0. Sammie Sias Ben Hasan Passes
16. Motion to approve the contract with Roofing Professionals Inc. Airport's Item
Skyworx Building Roof for $l I1,150.00. Bid Item 20-198 Action:
Approved
E Sklvorxs Roof Contrect.pdf
B 20.198 ITB - SENT To PAPER.Ddf
E 2o-r98 TAB.pdf
E 20-198 Recommendation and Over Budqet Justification.pdf
B Mril List and Demandstar Planholders.pdf
E ItemApprovalsheet.html
Motions
Motion Motion- ----- Motion Text Made By Seconded By'I'ype - ----- -r --------- -r Result
A -_-^_.^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Sammie Sias Ben Hasan Passes
ADMINISTRATIVE SERVICES
17. Abolish the Augusta Land Bank Authority/discuss/receive information Item
consisting of a total list of all properties, when they were purchased and a Action:
copy of the rules governing the Land Bank Authority. (Requested by Approved
Commissioner Marion Williams)
E ItemAonrovalsheet.html
Motions
Motion Motion Text't'ype
Motion to approve
scheduling a meeting
with commissioners to
address the duties and
responsibilities of Code
Enforcement, the Land
Bank Authority,
a.-.-..-_ - Marshal's Department,APProve the Warden from RCCI,
Environmental Services,
HCD and Keep Augusta
Beautiful related to the
issues of illegal
B HCD SHLID-2533 Dover Street Contrrct.doc
lB ltemApprovalsheet html
Motions
Motion Motion Textr ype
. Motion to approve.Approve Motion Passes l0-0.
Made By Seconded MotionItY Result
Commissioner
Marion
Williams
Commissioner
Ben Hasan Passes
dumping, littering and
maintenance of vacant
and upkept properties.
18. Motion to approve Housing and Community Development Department's Item
(HCD's) request to provide HOME funding to Sand Hills Urban Action:
Development to develop one (1) single family housing unit for a low to Approved
moderate income family.
Made By Seconded By Motion
Result
Commissioner Commissioner
Sammie Sias Ben Hasan Passes
19. Motion to approve Housing and Community Development Department's Item
(HCD's) request to provide funding to assist fwo (2) low-to-moderate income Action:
homebuyers with down-payment assistance to purchase a home. Approved
IB ltemAoorovalsheet.html
Motions
Motion Text Made By Seconded By
Motion
Type
a --_^_-^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Sammie Sias Ben Hasan Passes
20. Motion to Receive as Information Housing and Community Development Item
Development's FY20l9 Consolidated Annual Performance and Action:
Evaluation Report (CAPER). Rescheduled
Motion
Result
Motion
Result
lE ItemAonrovalshect html
Motions
Motion Motion Textr ype seconded By r;iilMade By
Defer
21. Motion to approve Housing and Community Development Department's Item
(HCD's) request to provide HOME funding to assist two (2) low to moderate Action:
income homebuyers with gap financing, down payment and closing cost to Approved
purchase homes through the Homebuyer Subsidy program.
Motion to refer this
item to the next
Commission meeting.
Motion Passes 10-0.
Commissioner Commissioner
Sammie Sias Ben Hasan Passes
IB 4321 Creekview Drive.doc
lH 2550 Dover St.doc
B ltemApprovalsheet.html
Motions
Motion Motion Textrype
A -_-^-.^ Motion to approve.APProve Motion passes 1o-0.
Made By Seconded By
Commissioner Commissioner
Sammie Sias Ben Hasan Passes
22. Motion to approve Housing and Community Development Department's Item
(HCD's) request to provide funding for architectural drawings for the fagade Action:
improvement of the Armstrong Galleria Shopping Center, identified as 851 Approved
Laney Walker Blvd: part of the Laney Walker/Bethlehem Revitalization
Project.
B HCD ARMSTRONG GALLERIA CONTRACT (Oo3).doc
E ItemApprovrlsheet.html
Motions
ryJ:" Motion rext Motion
Result
Motion
Result
Motion
Result
Passes
Motion to approve. ,.r^*_ i^^:^^^- A. Ms. Davis and Mr. Commissioner Commissioner
Approve Carrett out. Marion Bobby Passes
Motion passes 8-0. williams williams
23. Motion to approve HCD's request to develop a farmers' market, in the Laney Item
Walker Bethlehem (LWB) area in partnership with the American Heart Action:
Association and Augusta Locally Grown, through a Memorandum of Approved
Understanding (MOU).
B HCD Fermers Merket MOU.dotx
lE ItcmAonrovalSheet.html
Motions
Motion-^"""" Motion TextI ype
El ltemAnprovalSheet.html
Motions
Motion-^"""" Motion Text'I ype
Delete
Made By Seconded By
Made By Seconded By
^ Motion to approve. Commissioner CommissionerApprove vtotion Passes 10-0. Sammie Sias Ben Hasan Passes
24. Motion to approve request to enter into a Memorandum of Understanding Item
between Augusta Housing and Community Development Department (HCD) Action:
and a) the Greater Augusta Black Chamber of Commerce, b) Antioch Approved
Ministries, Inc. c) University of Georgia Small Business Development Center
and d) the Metro Augusta Chamber of Commerce, in support of HCD's
Micro-Enterprise Technical Assistance Program.
Made By Seconded By
Motion to delete this commissioner commissioner
item from the agenda. Sammie Sias Ben Hasan
Motion Passes l0-0.
PUBLIC SAFETY
25. Motion to approve the purchase of the Application Program Interface (API) Item
system integration with the 911 Logging Recorder for the new P25 radio Action:
system from Motorola Solutions, Inc. in the amount of $104,500.00. Approved
IB SS Motorola Solutions Procurement Aooroval pase.ndf
lB 9ll Memo Sole Source Request to procurementndf
E Motorola API Ouote to Auqnstr 91l-ndf
lE 07292020 NICE Motorola Sote Source Letter.06042020 with Exclusivity Statement.pdf
@ Mav 2019 Commission-Item_for Recorder.odf
lB ItemAoorovalsheet.html
Motions
Motion
Type
^ Motion to approve. Commissioner CommissionerApprove Motion passes 10-0. Sammie sias Ben Hasan Passes
26. Receive an update regarding the Gold Cross ambulance Item
services. (Requested by Commissioner Dennis Williams)Action:
Approved
B ltemAoprovalsheet.html
Motions
X:jtl" Motion Text Made By seconded By Motion
r YPe vl'v'vvs ur Result
Motion to delete this ADerete item from the agenda. ff#ff,j'Jl*.' s:r#;;f,.. passes
Motion Passes l0-0.
27. Discuss duties and responsibilities as it relates to the ARC Code Enforcement Itemillegal dumping/liffer Division placed under the Marshal's Department. Action:(Requested by Commissioner Marion Williams) None
Made By seconded By Motion
Result
B sKM C65820071613200.pdf
B sKM c6582oo7l6l339o.pdf
E sKM c6582oo716t339l.pdf
E ltemApprovalSheet.html
Motions
Motion Made Seconded Motion
--""".. Motion TextTypg rvrvrru. Ivar By BY Result
See motion under Item #17 that
is related to this item.
FINANCE
28. Approve funding for the August ll,202} Nonpartisan Runoff. Item
Action:
Approved
B ELECTION COST WORKSHf,ET.Ddf
E ltemApprovalsheet.html
Motions
Motion Motion Text Made By seconded By Motion
Type ,rvrrv' r var Result
a - - ------ Motion to approve. Commissioner CommissionerApprove vtotion Passes l0-0. Sammie Sias Ben Hasan Passes
29. Motion to approve $50,000 funding request to assist Greater Augusta's Item
Interfaith Coalition's Total Census Count Initiative. To support census Action:
responses from hard to count citizens and the support for 15 sites of activities None
for respondents of the local Census Count. (Requested by Commissioner
Bill Fennoy)
lB ItemAporovalSheet.html
Motions
Motion ,. Made Seconded Motion
i;; Motion Text By Bv Resutt
It was the consensus of the
Commission to approve holding this
item until a meeting is held on
August 19 and then take some action
if necessary.
30. Motion to Approve Resolution Adopting 2020 Mill Rates for All Taxing ItemDistricts. Action:
Approved
B 2020 Mill Rate Resotution.pdf
E 2020 Proposed_Miil Rates date_g.04.2020.pdf
B ltemAoorovalsheet.html
Motions
Xli:" Motion Texr Made By Seconded By Motion
I YPe ^'^--- "J vvlv'uvs sJ ReSUlt
a .-., Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Sammie Sias Ben Hasan Passes
31. A RESOLUTION OF TIIE CITY OF AUGUSTA, GEORGIA (CITY) TO ItemRATIFY TI{E EXECUTION OF T}IE CORONAVIRUS RELIEF FLIND Action:
(CRF) TERMS AND CONDITIONS AGREEMENT; TO AUTHORIZE ApprovedTIIE ACCEPTANCE OF GRANT PAYMENTS, INCLUDING IJ-L
UNDERSTANDINGS AND ASSURANCES CONTAINED WITHIN
SUCH AGREEMENT; TO DIRECT AND AUTHORIZE TItr, PERSON
IDENTIFIED AS TTM OFFICIAL REPRESENTATIVE OF THE CITY,
OR TIIE DESIGNEE OF THE CITY TO ACT IN CONNECTION WITHTIM GRANT APPLICATION; AND TO PROVIDE SUCH ADDITIONAL
INFORMATION AS MAY BE REQUIRED.
E 2020-07-08 Resotution -_CARES Act_crent_Fundins (003).pdf
IB 2020-29-06 CARES Act Fundinp Documenrs.pdf
E ItemAoprovalsheet html
Motions
Motion Motion Text Made Seconded Motion
r YPe By By Result
It was the consensus of the
Commission that this item be
received as information without
objection.
32. Receive an update from the AdministratorAylayor's office regarding funds Itemreceived from the Cares Act. (Requested by Commissioner Dennis Action:Williams) approved
lE ItemApprovalSheet.html
Motions
Motion Made Seconded Motion
iil" Motion Text By By Result
It was the consensus of the
Commission that this item be
received as information without
objection.
ENGINEERING SERVICES
33. Presentation from Mr. Campbell Vaughn, Richmond County Extension Item
Agent (UGA) regarding control methods of JohnsonGrass on Action:
vacantlabandoned city lots. (Requested by Commissioner Bill Fennoy) None
B 2020-18-08 ARC Johnson Grrss Cotrtrol 8.l3.20.pptx
lB ItemAonrovalShect.html
Motions
Motion Made Seconded Motion
Type Motion Text By By Result
Presentation is made by Mr.
Vaughn.
34. Motion to approve Mr.. Bruce Logan request for reimbursement for sewage Item
analysis that determined a sewage problem at his property was caused by a Action:
faulty city sewage line. (Requested by Commissioner Sammie Sias) Approved
B 2020-18-08 Losan Bitl o0l.bmp
B 2020.18.08 Irqan Bill2 00l.bmp
lE 2020-18-08 Comm. Sias imsOOl (002).ips
B ItemAnprovalSheet.html
Motions
Y:j*'" Motion Text Made By seconded By f."rtii'l'ype
Delete Passes
Motion to delete this commissioner commissioner
item from the agenda. Sammie Sias Ben Hasan
Motion passes l0-0.
35' Motion to approve CV Foundry Apartments, LLC., Encroachment request to ItemPlace Concreie Retaining Wallln Augusta, GA Right-of-way as part of 14g0 Action:Wrightsboro Road Residential Development Project. Also- authorized ApprovedAugusta Mayor to process and sign all associated documents withconsultation of Augusta Legal counsel. Requested by AED
IB Beacon Station Final Drafr ?-31-2020.ndf
E ItemAoorovatsheet.html
Motions
X:'1" Motion Text Made Bylype Seconded By Motion
Result
A ---^--^ Motion to approve. commissioner commissionerApprove Motion pasies l0-0. Sammie Sias Ben Hasan Passes
36. Motion to approve Task Order Two and Concept Phase funding for ForestHills Drainage Basin Dirt Road (Bussey Road) paving uni DrainageImprovements Engineering Services Agreement to Alfred Benesch &Company (Benesch) in the amount of $62,329.00 as requested by the AED.RFQ 19-148.
Item
Action:
Approved
B
B
B P2il90ll - Bussey Roed 7.30.2020.pdf
IB ItemApprovalsheet,html
Motions
X:j^"' Motion Text Made Byr ype seconded By Motion
Result
. Motion to approve. commissioner commissionerApprove Motion passes l0-0. Sammie Sias Ben Hasan Passes
37' Motion to approvg to Supplement Construction to E R Snell Contactor, Inc. Itemin the amount of $546,473.00 for Transportation Investment Act (TIA) Action:Project, James Brown Blvd. (9th Street) Improvements project, subject to Approved
receipt of signed contracts and proper bonds as requested
292
by AED . Bid 19-
B Coov of CPB James Brown Blvd-sunolement Const 7'31'2020'xlsx
B 9th Street Additionat-Storm DrainJrricins 7'31'2020'Ddf
IB ItemAoorovalSheet.html
Motions
Motion Motion TextI ype
^ Motion to approve. commissioner commissionerApprove vtotion Passes 10-0. Sammie Sias Ben Hasan Passes
3g. Motion to auth orize condemnation to acquire title of a portion of property Item
for permanent easement (Parcel 154-0-011-01-0) 4119 Woodard Avenue. Action:
Approved
Made By Seconded By
Text Made BY Seconded By
Motion
Result
E Asenda ltem - 8.11.2020 Cprnrnrtteql4ggllg4gl
E Condemnation Recommendetion Email - Reel McCoy Propcrties'Ddf
E ltemApprovalSheet'html
Motions
Motion Motionr ype
MotionAPProve Motion
Motion
Result
to approve. Commissioner Commissioner passes
Passes 10-0. Sammie Sias Ben Hasan
39. Motion to approve Supplement funding (SA2) for Engineering Preliminary Item
Design fhasi'(design phase 2) ofthe Design Consultant Services Agreement Action:
to Cfre (formerly fuolverton & Associates, Inc.) in the amount of Approved
$1,441,g33.55 for ihe Willis Foreman Improvement Project as requested by
the AED. RFQ 17-265
E Wittis-Foreman PI0013703-sunolement documentation 7'31'20'pdf
E SA 2 willis Foreman 7.31.2020.docx
Et cPB sA2 7.3l.2o2o.xlsx
B Supol to Proi Framework Aereement - Willis Forman'odf
F ItemAonrovalSheet'html
A ---^-.^ Motion to approve. CommissionerApprove Motion Passes l0-0. Sammie Sias
Commissioner
Ben Hasan Passes
SUBCOMMITTEE
Pension Committee
40. Motion to approve Ordinances Restating the 1945 and 1949 Pension Plans ltem
and submission to IRS for favorable determination letter. Waive second Action:readings. Approved
E ItemApproYatsheet,html
Motions
Motion;-*-"" Motion Textrype
Motion to approve and
to have the second
^ readins at the nextAPProve meetini. Ms. Davis
out.
Motion Passes 9-0.
Made By Seconded By
Made By
Motion
Result
Motion
Result
Henry ltem
Action:
Rescheduled
Motions
f#' Motion rext
E ItemApprovatsheet.html
Motions
Motion Motion Textr ype
Commissioner CommissionerMarion Dennis Passes
Williams Williams
ADDENDUM
41. NIr. Keith Henry regarding maintenance issues
Street. (Requested by Commissioner Mary Davis)
Made Seconded MotionBy By Result
It was the consensus of the
Commission that this item be
added to the agenda without
objection.
Motions
Motion Motion Text Made By Seconded By Motion
Type Result
Motion to refer this
item to the next
^ ^ Commission meeting Commissioner Commissioner .Defer
",i,. request of Mr. Sammie Sias B;; il;;; Passes
Henry.
Motion Passes l0-0.
42. Motion to approve request from the Richmond County Sheriffs Office to Item
purchase 460 Sig Saur P320 pistols plus additional accessories for use as the Action:
official sidearm of certified personnel. This purchase will involve the trading Approved
in of the existing Glock handguns and an additional amount of money.
E Purchase-of 460 Siq Srur P320-Pistols-for-Richmond-Countv-Shcriff-s-Office.ndf
E ltemAoorovalsheet.html
Motions
Motion Made Seconded Motion
i;;;- Motion rext By By Resurt
It was the consensus of the
Commission that this item be added
to the agenda without objection.
Motions
Y:j*'-"' Motion Text Made By seconded By Motion
Type Result
^ Motion to approve. Commissioner CommissionerApprove viotion passes l0-0. Sammie Sias g.n Hurun Passes
43. Motion to approve additional position to increase the number of cases Item
directed to mediation and add a Family Law component to assist self- Action:
represented litigants throughout the Augusta Judicial Circuit courts. Approved
B ltemApprovalsheet.html
Motions
Motion Motion Text Seconded Motion
Type rrtvrrv' r var By Result
It was the consensus of the Commission
that this item be added to the agenda
without objection.
Motions
Motion Motion Textr ype
Motion to approve.
Ms. Davis out.
^ Votins No:Approve uommlssloner
Ben Hasan.
Motion Passes 8-1.
seconded By Motion
Result
Commissioner
Bobby williams Passes
Made By
Commissioner
Marion
Williams
44. Motion to approve Memorandum of Agreement between The Georgia Item
Department of Public Health and Augusta, Georgia to serve as a Closed point Action:of Dispensing in the event of a Declared Emergency. (Requested by the ApprovedAdministration)
E Memorandum of Asreement.odf
B ItemAoorovalsheet.html
Motions
Motion Motion TextI ype
Made Seconded Motion
By By Result
Motions
ffi':" Motion rext
It was the consensus of the
Commission that this item be added
to the agenda without objection.
Motion
Result
Motion to approve.. Ms. Davis and Mr. M. commissioner commissioner D^Approve williams out. sammie Sias Ben Hasan r- dsSeS
Motion Passes 8-0.
Motion to approve RFP 20-177 - 2021 Disparity Study award to Griffin &Strong subject to the execution of the attached contract.
Made By Seconded By
Item
Action:
Approved
45.
E Disparit] Study Contract.pdf
@ zO-ttt RFP - Invitation-S!4t-!9-B4pgr.pC!
E 2o-lz7 TAB.pdf
B 20-177 Cumulative.Pdf
B 20-177 Recommendrtion of Award Disparifv.pdf
lE Process Reqarding RFPs.Pdf
B Mail List and Demandstar Plenholders.pdf
E Georgia Procurement Registrv Vendor Summary'pdf
E ltemAnorovelSheet.html
Motions
Motion Made Seconded Motion
i;;" Motion Text By By Resuu
It was the consensus of the
Commission that this item be added
to the agenda without objection.
Motions
Motion m r f,,r^-r^ D-. e^^^-,r^,r Drr Motion
Type rvrvtlutl I E.lLt r'rsuv vJ Result
Motion to aPProve RFP
20-177 2021 DisParitY
Study award to Griffin
and Strong in the
amount of $341,580
subject to the execution Commissioner Commissioner
Approve of the contract. Mr. Marion Dennis Passes
Garrett abstains. Ms. Williams Williams
Davis out.
Voting No:
Commissioner
John Clarke.
Motion Passes 7'l '1.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
46. Motion to auth orize execution by the Mayor of the affrdavit of
compliance with Georgia's Open Meeting Act'
Item
Action:
None
www.auqustaga.gov
CALLED MEETING COMMISSION CHAMBER
August 18,2020
Augusta Richmond County Commission convened at 12:30 p.m., Tuesday, August 18,
2020, the Honorable Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D.
Williams, Hasan and Clarke, members of Augusta Richmond County Commission.
Mr. Mayor: We're going to call the August 18 meeting to order. The Chair recognizes
Attomey Brown.
,. I. LEGAL MEETING
A. Pending and potential litigation
B. Real estate
C. Personnel
Mr. Brown: Good afternoon, Mayor and Commission. A motion to go into executive
session for the purpose of discussing security matters, pending or potential litigation, and
personnel.
Mr. D. Williams: So move.
Mr. B. Williams: Second.
Mr. M. Williams: And real estate?
Mr. Brown: No, sir.
Mr. Mayor: No real estate today, sir. Madam Clerk, that's the commissioner from the 2nd
with a motion and commissioner from the 5ft with a second.
Ms. Davis, Mr. Frantom and Mr. Garrett out.
Motion carries 7-0.
IEXECUTM SESSIONI
The Mayor called the meeting back to order.
2. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Mr. Brown: We request a motion to execute the closed meeting affidavit.
Mr. Frantom: So move.
Mr. M. Williams: Second.
Mr. Mayor: All right, the Mayor Pro Tem with the motion and the commissioner from the
9th with the second.
Mr. Fennoy, Mr. Hasan and Mr. D. Williams out.
Motion carries 7-0.
Mr. Mayor: All right, Attorney Brown.
Mr. Brown: Mr. Mayor, we request a motion to authorize an annual salary of
$1601000 for Jarvis Sims as Interim Administrator commencing August 22r 2020 and to
approve and authorize the payment of the sum of $231882.02 to Jarvis Sims in correction of
his salary as Interim Administrator covering the pay periods commencing April 161 2019
through the end of the pay period beginning August 8,2020.
Mr. M. Williams: So move.
Mr. Clarke: Second.
Mr. Mayor: All right, Madam Clerk, we've got a motion from the commissioner from the
9ft with a second from the 10s.
Motion carries 10-0.
Mr. Mayor: Mr. Brown.
Mr. Brown: Mr. Mayor, a motion to approve the appointing and hiring of Allen
Saxon as Interim Director of Augusta Utilities Department at an annual salary of
$118,179.68. As is the custom, Mr. Mayor, we have since found out that Mr. Wiedmeier was
assigned a car and did not receive a car allowance so this will be the extent of the motion.
Ms. Davis: So move.
Mr. Frantom: Second.
Mr. Mayor: Madam Clerk, motion from the commissioner from the 3'd, the second from
the Mayor Pro Tem.
Motion carries 10-0.
Mr. Mayor: Attomey Brown.
Mr. Brown: Motion to approve the hiring of Cedric Taylor in the position of Deputy
Warden - Security at RCCI with an annual salary of $81,922.80.
Mr. Hasan: So move.
Mr. Clarke: Second.
Mr. Mayor: Madam Clerk, motion from the commissioner from the 6th with a second from
the 101h.
Motion carries 10-0.
Mr. Mayor: Attorney Brown.
Mr. Brown: Mr. Mayor, motion to approve the hiring of Timothy Parsons in the
position of Project Engineer Land Development at an annual salary of $80,000 and to further
approve the hiring of Moe Mahgoub in the position of Project Engineer Infrastructure with
an annual salary of $801000.
Mr. Hasan: So move.
Mr. M. Williams: Second.
Mr. Mayor: Madam Clerk, motion from the commissioner from the 6th, second from the
g,h.
Motion carries 10-0.
Mr. Mayor: Attorney Brown.
Mr. Brown: Mr. Mayor, motion to approve and to enter EPD consent order
regarding Richmond County Deans Bridge Road Phase 2C Landfill.
Mr. Garrett: So move.
Ms. Davis. Second.
Mr. Mayor: Madam Clerk, motion from the 8n, the second from the 3d.
Mr. M. Williams: What are we approving, Mr. Mayor? What's the motion?
Mr. Mayor: this is the consent order and the amount that already has been agreed upon
was the $3,000, this is item (inaudible), okay? This is essentially what the Commission approved
previously.
Mr. M. Williams: Okay.
Motion carries 10-0.
Mr. Mayor: Mr. Brown.
Mr. Brown: Mr. Mayor, motion to authorize Augusta's Mayor and Administrator to
continue and renew security system coverage for the proposed premium.
Mr. Hasan: So move.
Mr. D. Williams: Second.
Mr. Mayor: Madam Clerk, motion from the 6th, second from the 2"d.
Motion carries 10-0.
Mr. Mayor: Commissioner from the 8s.
Mr. Garrett: Yes, sir. I'd like to make a mbtion to approve updating and revising
Augusta's Solid Waste Management Plan with the inclusion of Dixon Airline Recycling and
Disposal LLC C & D Landfill in addition to the Augusta's Landfill and to task
Environmental Services Department to bring back to the Commission such Solid Waste
Management Plan revision within 60 days or as permitted by law.
Mr. Clarke: Second.
Mr. M. Williams: Question, Mr. Mayor.
Mr. Mayor: All right, I'm coming to you. Madam Clerk, you've got a motion from the
8th, a second from the 1Oft. All right, commissioner from the 9s, state your inquiry.
Mr. M. Williams: I make a substitute motion that we deny the Airline Dixon Road, Airline
Dixon Landfill to pursue any other venture with this solid waste plan that we have in Augusta. We
have been through that. We can't put a plan together and add them in that plan. That would be
unlawful and I can't speak for the attorney but maybe he can speak to that.
We can put another plan together but we can't add them in.
Mr. Mayor: Commissioner, what's you substitute motion, sir? Clarifu that for me.
Mr. M. Williams: My substitute motion is to deny the Solid Waste Plan that they did not
meet that -
Mr. Sias: Letter of consistency.
Mr. M. Williams: Right, I'm sorry, letter of consistency, deny the letter of consistency.
They didn't meet the Solid Waste Plan.
Mr. Hasan: Second.
Mr. Mayor: We've got a motion fiom the commissioner from the 9ft to deny the letter of
consistency from Dixon Airline Recycling and DisposalLLC and a second from the commissioner
from the 6ft.
Mr. Clarke, Ms. Davis, Mr. Frantom, Mr. Garrett, Mr. B. Williams and Mr. D. Williams vote No.
Motion fails 4-6.
Mr. Mayor: Madam Clerk, back to the previous motron.
Mr. M. Williams: I need to get clarification from the attomey, Mr. Mayor. You can't add
a company in and -
Mr. Hasan: And revise our plan.
Mr. M. Williams: Yeah, revise our plan and add and come in. That's ludicrous, that's
crazy. So I need to hear from the attorney. Is that legal? We can go ahead and vote. I'm not
going to support it but we can go ahead and vote if that's legal.
Mr. Mayor: All right, just hold on a minute if you will but thank you very much. Attorney
Brown.
Mr. Brown: Yes. A goveming body can revise this plan at any time. In revising this plan
it can eliminate landfills or add landfills. A public entity can have both private and public landfills
as a part of their plan but it takes a majority of the goveming body to do so.
Mr. M. Williams: Okay, my question to you, Mr. Attorney, is that if Augusta needed a
landfill and this body requested an additional landfill, that means to revise it, to add in another but
since we do not need one, is that legal?
Mr. Brown: What you're saying is correct but it's up to the governing body to determine
if it needs one.
Mr. M. Williams: I get that and our Landfill Director hadn't brought us to that point to say
if we needed one. We paid a group to come in to qualifu our landfill who said that we didn't need
one so I'm asking is it legal for us to vote on that even though we've got a right to do it, your
advice is what we're asking for.
Mr. Brown: My advice is that as the application that Dixon Airline Recycling and Disposal
have to have a landfill with our current plan I believe as Geosyntec has reported that it is
inconsistent and I would request that the Commission not grant them one on the current landfill.
However, the motion to revise the plan and to add a private airline is legal but it's up to the
Commission to decide if it wants to add a landfill. It can if it desires to do so. It would be bad for
Augusta legally speaking in terms of running our landfill if we approve them without changing
our plans. If you are going to change your plan, that would have to be a decision of the
Commission.
Mr. Mayor: Which is what's before you now, why don't we just vote on it, Commissioner
Mr. M. Williams: No, I need an answer, now, we ain't just going to vote on it. I need to
get an answer. What would that do for any other landfill if we don't consider anybody else and
we just gave it to one. There's other landfills around this area that we'llbe setting ourselves up
and this is strictly to the attorney, we'll be setting ourselves up for another lawsuit or not?
Mr. Brown: No, the city has the prerogative to decide how many landfills it wants. If it
adds two more, if it adds one more, if it stays the way it is and not add any.
Mr. Sias: Mr. Mayor, can I get one clarification?
Mr. Mayor: Yes, sir.
Mr. Sias: I just want to ask the commissioner from the 6ft was his motion to add a landfill
or to add a company into our landfill plan?
Mr. Mayor: No, let's back up. I think you're directing that to the commissioner from the
8s. Would you like for him to restate that?
Mr. Sias: I'm sorry, the 8e. I apologize. I just want to be clear.
Mr. Mayor: Commissioner from the 8s please restate your motion.
Mr. Garrett: Yes, sir. Motion to approve updating and revising the Augusta Solid Waste
Management Plan with the inclusion of the Dixon Airline Recycling and DisposalLLC C and D
Landfill in addition to the Augusta's Landfill and to task Environmental Services Department to
bring back to the Commission such solid waste management plan revision within 60 days or as
permitted by law.
Mr. Sias: So we're actually including another landfill and a private company. Okay, got
it. Thank you.
Mr. Mayor: Commissioner from the 6ft, you have a question?
Mr. Hasan: Attorney Brown, Mr. Mayor.
Mr. Brown: Yes, sir.
Mr. Hasan: We can draw, a company can draw our plan because that's what the motion is
saying if I'm not mistaken. He said to revise the plan and to include Dixie Airline, to include thern
in our plan.
Mr. Brown: Yes, you could do that but the plan would have to come back to you for
approval. You can't revise the plan and approve the plan with this vote. It simply is a vote to task
the Environmental Services Department to revise the plan but it would still come back to you for
a vote to make sure that it meets regulations and makes sense to you.
Mr. Hasan: Okay, all right.
Mr. Mayor: All right, Madam Clerk, voting.
Mr. Fennoy, Mr. Hasan and Mr. M. Williams vote No.
Mr. Sias abstains.
Motion carries 6-3-1.
Mr. Mayor: Attorney Brown, we've got one final matter and that is the matter of Alveno
Ross.
Mr. Brown: Motion to approve a Soh salary increase for Alveno Ross commencing
July 26, 2020.
Mr. Hasan: So move.
Mr. B. Williams: Second.
Mr. Mayor: All right, Madam Clerk, motion from the 6th, second from the 5th. Voting.
Motion carries 10-0.
Mr. Mayor: Madam Clerk, Attomey Brown, I believe that's all the business that's before
us in executive session at this point. I believe we are prepared to go into an Administrative
Services matter involving a protest.
Mr. Sias: That's correct.
[MEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, do hereby certify that the above is a true and correct copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
August 18,2020.
Clerk of Commission
Administrative Services Committee Meeting VirtuaVTeleconference - 811812020
ATTENDANCE:
ADMINISTRATIVE SERVICES
1. Motion to Deny the Protest and Appeal of TranterGrey Media regarding Item
RFP 20-172 Airport Marketing Agency. Action:
Disapproved
Motions
Motion;- ----- Motion Textr ype
Motion to
approve the
Approve protest. Ms. Davis
and Mr. Sias vote
No.
Made By Seconded By
Fails
Motion
Result
Commissioner Commissioner
John Clarke Bobby Williams
www.augustaga.gov
CALLED MEETING VIRTUAL/TELECONFERENCE
August 26,2020
Augusta Richmond County Commission convened at 11:00 a.m., Wednesday, August 26,
2020, the Honorable Sean Frantom, Mayor Pro Tem, presiding.
PRESENT: Hons. Clarke, Garrett, Hasan, Sias, B. Williams and M. Williams, members
of the Augusta Richmond County Commission.
ABSENT: Hons. Hardie Davis, Jr., Mayor; Davis, Fennoy and D. Williams, members of
Augusta Richmond County Commission.
Mr. Frantom: All right, welcome, everyone. We'll call this meeting to order, our special
called meeting Wednesday, August 26, at 1l:00 a.m. Ms. Bonner.
The Clerk: Our item on the agenda is to adopt a Resolution of the City of Augusta,
Georgia to authorize the execution of the Corona Virus Relief Fund Terms and Condition
Agreement.
Mr. Garrett: So move.
Mr. Hasan: Second.
Mr. Frantom: Got a motion and a second. Is there any discussion? Don't see any. All
right, Ms. Bonner, let's go ahead and vote please.
Motion carries 7-0.
Mr. Frantom: Ms. Bonner, is there any further business for today's meeting?
The Clerk: No, sir.
Mr. Frantom: All right, this meeting is adjoumed.
IMEETING ADJOURNED]
Lena J. Bonner
Clerk of Commission
CERTIFICATION:
I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
August 26,2020.
Clerk of Commission
Commission Meeting Agenda
9/1/2020 2:00 PM
Pension Committee
Department:
Department:
Caption:Motion to approve Ordinances Restating the 1945 and 1949
Pension Plans and submission to IRS for favorable
determination letter. (Approved by the Commission on
September 18, 2020 - second reading).
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Ms. Edith Peebles
Department:
Department:
Caption:Ms. Edith Peebles regarding the Final Plat for Wrights Point - S-
903.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve Existing Location: A.N. 20-32: request by
Maan Cheang for a consumption on premise Liquor License to
be used in connection with New Ming Wah Restaurant, Inc.
located at 3415 Wrightsboro Rd. There will be Sunday Sales.
District 5. Super District 9.
Background:This is an Existing Location.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2,912.50.
Alternatives:
Recommendation:The Planning & Development approved the application subject
to additional information not contradicting the applicant’s
statements. The Sheriff’s Office approved the application subject
to additional information not contradicting applicant’s
statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Application: A.N. 20-31: request by
Philip G. Caldwell for a consumption on premise Liquor, Beer
& Wine License to be used in connection with Miller Theater,
LLC located at 708 Broad Street. There will be Sunday Sales.
District 1. Super District 9.
Background:This is a New Application. Formerly in the name Margaret
Elliott.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3,660.00. (the fee will
be waived. There is a 2020 Alcohol License at the Miller
Theater that was issued to the former management company /
Miller Theater)
Alternatives:
Recommendation:The Planning & Development approved the application subject
to additional information not contradicting the applicant’s
statements. The Sheriff’s Office approved the application subject
to additional information not contradicting applicant’s
statements.
Funds are
Available in the
Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Change Order #1 Remac
Department:Augusta Regional Airport
Department:Augusta Regional Airport
Caption:Motion to approve the Change Order #1 Remac, Inc. for Project
Taxiway F, South Apron and Taxilane Rehabilitation at the
Augusta Regional Airport in the amount of $97,739.08.
Background:Remac, Inc. has been instructed to amend required work,
resulting in a Net Increase in their Contract Amount equaling
$97,739.08. This work includes the addition of Bid Alternative 1
which includes but is not limited to crack repair of the existing
taxilane, application of sealcoat on the existing taxilane, and
application of new pavement markings on the taxilane. These
new line items and quantity adjustments are per direction of the
Augusta Regional Airport in authorizing the award of the Bid
Alternate. Change Order #1 to Remac, Inc.’s contract results in
an overall project total of $412,697.17.
Analysis:Prior to this Change Order, Remac Inc.’s Contract Amount was
$314,958.09. This Change Order will result in a Net Increase of
31%. Change Order #1 will be funded through the remainder of
the existing FAA grant and will be supplemented with CARES
grant funds.
Financial Impact:Net Increase in their Contract Amount equaling $97,739.08.
Alternatives:To deny
Recommendation:The Augusta Aviation Commission requests approval of Change
Order #1 to Remac Contract for Taxiway F, South Apron and
Taxilane Rehabilitation Project at the Augusta Regional Airport.
Funds are
Available in the
Change Order #1 will be funded through the remainder of the
existing FAA grant and will be supplemented with CARES grant
Cover Memo
Following
Accounts:
funds. Federal 90%, State 5%, Local Enterprise 5%. 551081301-
5412110
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Code Enforcement Officers
Department:
Department:
Caption:Discuss and provide a solution for the security and safety of our
code enforcement officers. (Requested by Commissioner
Sammie Sias)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Deny the Protest and Appeal of TranterGrey Media
Department:Procurement
Department:Procurement
Caption:Motion to deny the Protest and Appeal of TranterGrey Media
regarding RFP 20-172 Airport Marketing Agency. (No
recommendation from Administrative Services Committee
August 18, 2020)
Background:A request by TranterGrey Media to protest the Airport
Marketing Agency Opening RFP Timeline in reference to RFP
20-172 Airport Marketing Agency. Tranter Grey stated the
following: 1. No communication that the physical copy for
the RFP due date was May 20th 2. Addendum No. 3 stated in
the copy that there was going to be a pre-bid conference and
opening provided 3. Addendum release on May 11th but
limited staff for submitting RFP in person. From my
understanding there wasn’t staff to receive RFP in person
through 5/18 On Wednesday, May 20, 2020, the Procurement
Department opened all RFPs received regarding RFP 20-
172. The department received eight (8) responses. Seven (7) of
the responses were received as compliant. One (1) vendor
submitted a package, which was deemed as non-compliant for
not including an E-Verify number.
Analysis:The Procurement Department has carefully reviewed the
requirements of the Augusta, Georgia Code in reference to the
request for proposal process. We have addressed the three
statements received from TranterGrey: RESPONSE to
TranterGrey’s Item #1. The original RFP opening date was
Thursday, March 19, 2020. Addendum No. 1 was issued on
March 12, 2020 changing the opening date to Thursday, March
26, 2020. Due to the COVID-19 Pandemic, we postponed RFP
#20-172 on March 17, 2020 and again on March 31, 2020.
Addendum #3 was issued to all vendors on May 11, 2020
providing a new opening date and time of Wednesday, May 20,
2020. RESPONSE to TranterGrey’s Item #2. Addendum #3
provided the project’s opening date and time of Wednesday,
Cover Memo
May 20, 2020 @ 11:00 a.m. The pre-proposal meeting for RFP
20-172 had already taken place on March 3, 2020, prior to the
COVID-19 Pandemic postponements. TranterGrey Media did
not have a representative present at the pre-proposal meeting.
RESPONSE to TranterGrey’s Item #3. The Municipal Building
offices were not open for daily public visits, however, official
daily operations for servicing the public continued. The
Procurement Department’s staff as well as other Municipal
Building Departments were available to the public during the
closure either via telephone or Email, which includes Addendum
#3’s release date of Monday, May 11, 2020. The Procurement
Department provided continuous and up-to-date information to
interested companies by providing ongoing correspondence and
webpage notifications during the limited public visits within the
Municipal Building. In doing so, we provided several updates
regarding RFP 20-172, which we provided to TranterGrey
Media. In addition, we were available to assist TranterGrey
Media as well as other company’s during the entire Municipal
Building public closure. The Municipal Building officially
reopened to the public on May 18, 2020. The RFP due date was
May 20, 2020. TranterGrey Media representatives did not reach
out to the Procurement Department for clarification until May
26, 2020, after the RFP due date. The Procurement Department
has determined the following: a. We have provided updated
notifications to TranterGrey Media regarding RFP 20-172; b.
Notifications were posted on our webpage concerning COVID-
19 Pandemic related postponements for upcoming
Bids/RFPs/RFQs; c. Three (3) Addenda’s were sent to
TranterGrey Media, of which, Addenda’s #1 and #2 were
unclaimed; therefore, returned to us by the U.S. Post Office; d.
On May 13, 2020, we posted to our webpage information stating
how we would proceed with RFP 20-172. The posted
information included the new opening date and time for RFP
#20-172 of May 20, 2020 @ 11:00 a.m., as stated in Addendum
#3; e. The Procurement Department provided the Department’s
contact information within the specifications, addenda’s,
notifications and the webpage. Procurement Department staff
was available to assist TranterGrey Media via telephone and or
Email during restricted public visits within the Municipal
Building. Also on Tuesday, July 14, 2020 the Interim
Administrator, Jarvis Sims along with Procurement held a Zoom
Meeting to discuss and try to resolve the appeal with
TranterGrey.
Financial Impact:
Alternatives:Uphold the protest of TranterGrey Media, regarding RFP 20-172
Airport Marketing Agency.
Recommendation:
Cover Memo
Deny the protest of TranterGrey and resume the RFP process.
This action will allow the Airport Marketing Agency RFP
Committee Members to move forward with the evaluation of the
seven (7) compliant and timely submittals received on May 20,
2020. The Airport will present a recommendation to the Augusta
Commission for Award.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_ FY2019 Consolidated Annual Performance and Evaluation Report (CAPER)
Department:HCD
Department:HCD
Caption:Motion to receive as Information Housing and Community
Development Development’s FY2019 Consolidated Annual
Performance and Evaluation Report (CAPER). (Deferred from
the August 18, 2020 Commission Meeting)
Background:In order to fulfill statutory and regulatory requirements
mandated by the U.S. Department of Housing and Urban
Development with regard to the 2015-2019 Consolidated Plan,
the City of Augusta must submit the 2019 Consolidated Annual
Performance and Evaluation Report (CAPER). This report
provides the jurisdiction an opportunity to evaluate its overall
progress in carrying out priorities and specific objectives
identified in its Consolidated Plan and its 2019 Annual Action
Plan. The 2019 Consolidated Annual Performance and
Evaluation Report (CAPER) summarizes the results of activities
that have taken place during Program Year 2019. The
performance report must include a description of the resources
made available, the investment of available resources, the
geographic distribution and location of investments, the families
and persons assisted (including the racial and ethnic
demographics of persons assisted), actions taken to affirmatively
further fair housing, and other actions indicated in the
Consolidated Plan and the Action Plan. The importance of
timely and accurate performance reports cannot be overstated.
Performance reporting meets three basic purposes: • Provides
HUD with necessary information to meet its statutory
requirement to assess each grantee's ability to carry out relevant
CPD programs in compliance with all applicable rules and
regulations; • Provides information necessary for HUD's Annual
Report to Congress, also statutorily mandated; and • Provides
grantees an opportunity to describe to citizens their successes in
revitalizing deteriorated neighborhoods and meeting objectives
stipulated in their Consolidated Plan. Utilizing Community
Development Block Grant (CDBG), Emergency Solutions Grant
Cover Memo
(ESG), Housing Opportunities for Persons with Aids (HOPWA)
and HOME Investment Partnership (HOME) funds; Augusta -
Richmond County, its sub-recipients and Partner Agencies
utilize the CAPER to substantiate progress in accomplishing the
goals outlined in this fifth year of the 2015-2019 5-Year
Consolidated Plan.
Analysis:The City received the following four (4) entitlement grants from
HUD during 2018: 1. Community Development Block Grant
(CDBG) is a formula-based program designed to develop viable
urban communities by providing decent housing, a suitable
living environment and expanding economic opportunities for
persons of low and moderate income. 2. Emergency Solutions
Grant (ESG) is a formula-based program targeted at improving
the lives and safety of persons who are homeless or at-risk of
becoming homeless. 3. HOME Investment Partnerships Program
(HOME) is a formula-based program designed to expand and
improve the supply of decent, safe and affordable housing and
access to homeownership for very low and low-income persons.
4. Housing Opportunities for Persons with AIDS (HOPWA)
Program is a formula-based program designed to provide
housing and supportive services to low income persons living
with HIV/AIDS and their families. Due to the response to the
Covid-19 Pandemic, HUD has allowed Grantees like Augusta to
delay submission of the report beyond the usual timeframe. This
report ensures that Augusta, like other communities that receive
CDBG, ESG, HOME, and HOPWA funds directly from HUD,
incorporate all activity information in IDIS and that it is up-to-
date as of the last day of the program year. This process is called
end-of-year reporting, fulfilling three purposes by the grantee: 1.
Meeting CAPER and program requirements. 2. Producing
accurate IDIS reports, some of which must be made available to
the public. 3. Ensuring that HUD will have the most current
information during its annual assessment of a grantee's
performance
Financial Impact:The City receives funding from the US Housing and Urban
Development Department (HUD) on an annual basis. This
information will have a net effect of $0.00.
Alternatives:Do not approve HCDs Request
Recommendation:Motion to Receive as Information Housing and Community
Development FY2019 Consolidated Annual Performance and
Evaluation Report (CAPER)
Funds are
Available in the
CDBG, ESG, HOPWA, and HOME grant funds.Cover Memo
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
CAPER 1
OMB Control No: 2506-0117 (exp. 06/30/2018)
FY2019 Consolidated Annual Performance Report
CAPER 2
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The 2019 Consolidated Annual Performance and Evaluation Report (CAPER) summarize the results of activities that have taken place during
Program Year 2019. The performance report must include a description of the resources made available, the investment of available resources,
the geographic distribution and location of investments, the families and persons assisted (including the racial and ethnic demographics of
persons assisted), actions taken to affirmatively further fair housing, and other actions indicated in the Consolidated Plan and the Action Plan.
The importance of timely and accurate performance reports cannot be overstated. Grantees should strive to ensure that all applicable deadlines
are met. Performance reporting meets three basic purposes:
• Provides HUD with necessary information to meet its statutory requirement to assess each grantee's ability to carry out relevant CPD programs
in compliance with all applicable rules and regulations;
• Provides information necessary for HUD's Annual Report to Congress, also statutorily mandated;
• Provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and meeting objectives
stipulated in their Consolidated Plan.
Utilizing Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), Housing Opportunities for Persons with Aids (HOPWA)
and HOME Investment Partnership (HOME) funds Augusta - Richmond County, its sub recipients and Partner Agencies made substantial progress
in accomplishing the goals outlined in the 2019-2019 5-Year Consolidated Plan.
The following are key accomplishments of the City's CDBG, ESG, HOME and HOPWA programs in 2019:
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
CAPER 3
OMB Control No: 2506-0117 (exp. 06/30/2018)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Acquisition of
Real Property
Affordable
Housing CDBG: $ Buildings Demolished Buildings 50 20
40.00%
Affordable
Housing
Creation
Affordable
Housing HOME: $ Rental units
constructed
Household
Housing
Unit
35 0
0.00%
Affordable
Housing
Creation
Affordable
Housing HOME: $ Homeowner Housing
Added
Household
Housing
Unit
2 2
100.00% 7 7
100.00%
Affordable
Housing
Creation
Affordable
Housing HOME: $ Homeowner Housing
Rehabilitated
Household
Housing
Unit
50 78
156.00%
CHDO Set
Aside,
Operation and
Administration
Affordable
Housing HOME: $ Other Other 1 1
100.00%
Community
Facility
Improvement
Non-Housing
Community
Development
CDBG: $
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 2500 8128
325.12%
Dilapidated
Properies
Affordable
Housing CDBG: $ Buildings Demolished Buildings 100 20
20.00% 20 0
0.00%
Economic
Development
Non-Housing
Community
Development
CDBG: $
Facade
treatment/business
building rehabilitation
Business 0 0 2 0
0.00%
CAPER 4
OMB Control No: 2506-0117 (exp. 06/30/2018)
Economic
Development
Non-Housing
Community
Development
CDBG: $ Jobs created/retained Jobs 38 36
94.74% 3 0
0.00%
Economic
Development
Non-Housing
Community
Development
CDBG: $ Businesses assisted Businesses
Assisted 12 14
116.67% 1 0
0.00%
Fair Housing Affordable
Housing CDBG: $
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 500 500
100.00% 500 500
100.00%
General
Program
Administration
Non-Housing
Community
Development
Administration
CDBG: $
/
HOPWA:
$31468 /
HOME:
$71902 /
ESG:
$11386
Other Other 1 1
100.00%
Home-
ownership
Assistance
Affordable
Housing HOME: $ Homeowner Housing
Added
Household
Housing
Unit
0 34
Home-
ownership
Assistance
Affordable
Housing HOME: $
Direct Financial
Assistance to
Homebuyers
Households
Assisted 270 40
14.81% 30 23
76.67%
Housing
Rehabilitation
Program
Affordable
Housing CDBG: $ Homeowner Housing
Rehabilitated
Household
Housing
Unit
235 143
60.85% 15 53
353.33%
CAPER 5
OMB Control No: 2506-0117 (exp. 06/30/2018)
Increase
Housing for
the Homeless
Homeless
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 150 0
0.00%
Increase
Housing for
the Homeless
Homeless
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Housing for Homeless
added
Household
Housing
Unit
0 0 10 0
0.00%
Increase
Housing
Opportunities
for PLWHA
Affordable
Housing
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted 0 160 30 33
110.00%
Increase
Housing
Opportunities
for PLWHA
Affordable
Housing
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Housing for People
with HIV/AIDS added
Household
Housing
Unit
12 12
100.00%
Increase
Housing
Opportunities
for PLWHA
Affordable
Housing
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
HIV/AIDS Housing
Operations
Household
Housing
Unit
0 0 38 16
42.11%
CAPER 6
OMB Control No: 2506-0117 (exp. 06/30/2018)
Increase
Provision of
case
managment
services
Homeless
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 10000 9842
98.42% 2000 3852
192.60%
Increase Rapid
Re-Housing
and Homeless
Prevention
Homeless
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted 50 30
60.00% 15 33
220.00%
Increase Rapid
Re-Housing
and Homeless
Prevention
Homeless
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Homelessness
Prevention
Persons
Assisted 20 13
65.00% 10 195
1,950.00%
Increase
Rental Housing
Opportunities
Affordable
Housing
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Rental units
constructed
Household
Housing
Unit
10 0
0.00% 7 0
0.00%
Increase
Rental Housing
Opportunities
Affordable
Housing
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Rental units
rehabilitated
Household
Housing
Unit
20 0
0.00%
CAPER 7
OMB Control No: 2506-0117 (exp. 06/30/2018)
Permanent
Supportive
Housing
Homeless CDBG: $
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted 30 45
150.00% 21 21
100.00%
Relocation Affordable
Housing CDBG: $ Other Other 50 0
0.00%
Strategy for
Persons with
Special Needs
Non-Homeless
Special Needs
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 7500 0
0.00%
Strategy for
Persons with
Special Needs
Non-Homeless
Special Needs
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted 0 0 100 0
0.00%
Strategy for
Persons with
Special Needs
Non-Homeless
Special Needs
CDBG: $
/
HOPWA:
$ /
HOME: $
/ ESG: $
HIV/AIDS Housing
Operations
Household
Housing
Unit
10 10
100.00% 10 0
0.00%
Youth
enrichment
opportunities
Non-Housing
Community
Development
CDBG: $
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 5000 5559
111.18%
CAPER 8
OMB Control No: 2506-0117 (exp. 06/30/2018)
Youth
enrichment
opportunities
Non-Housing
Community
Development
CDBG: $ Homeless Person
Overnight Shelter
Persons
Assisted 0 33
Youth
enrichment
opportunities
Non-Housing
Community
Development
CDBG: $
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 0 0
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.
Augusta - Richmond County identified several priority strategic goals in the 2015-19 5-Year Consolidated Plan. The following highlights some of
Augusta-Richmond County's progress in meeting those goals.
1. Goal: Homeownership Assistance: 23 persons were provided Down Payment Assistance utilizing HOME funding in support of home
purchases in program year 2019.
2. Goal: Housing Rehab: Housing Rehabilitation services through Augusta-Richmond County's Homeowner Rehab Program, administered by
AHCD, remained an effective means of sustaining affordable home ownership in program year 2019. Utilizing available funding, 49
homeowner's properties were rehabilitated under this program in program year 2019.
3. Goal: Increase Housing Opportunities for PLWHA: Utilizing HOPWA funding, 125 persons with HIV were provided with rental assistance
through the Short-Term Rent, Mortgage, and Utility Assistance (STRMU) program in program year 2019. Additionally, 32 persons with
HIV were provided with short-term transitional housing from projects supported by HOPWA funding in program year 2019.
4. Goal: Increase Provision of Case Management Services: Augusta-Richmond County, through AHCD and in partnership with members of
the local Continuum of Care (CoC), have continued to increase engagement efforts with persons experiencing or at-risk of homelessness
through increased quantity and quality of case management services offered to those persons.
5. Goal: Increase Rapid Re-housing and Homeless Prevention: Augusta - Richmond County, through AHCD, has increased its provision of
rental assistance to local residents experiencing housing instability. During the 2019 program year, it was anticipated that approximately
5 households would be able to be assisted through both Rapid Re-housing and Homeless prevention; performance far exceeded
expectation as more than 48 persons were able to be assisted during the program year.
CAPER 9
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
In addition to the numbers reflected above, 54 individuals assisted in the 2019 Program Year by
Augusta's CDBG Public Service partners identified as "Other" or "Multi-racial." Also, 29 participants
under Augusta's ESG Program identified as "Other" or "Multi-racial."
CAPER 10
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,880,877 1,734,533
HOME public - federal 1,146,628 262,603
HOPWA public - federal 1,055,049 976,807
ESG public - federal 150,447 1,842,728
Table 3 - Resources Made Available
Narrative
Identify the geographic distribution and location of investments
Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
CDBG Eligible Area 55 55
Central Business District 5 5
Citywide 25 25
LANEY-WALKER/BETHLEHEM
NRS 15 15
Table 4 – Identify the geographic distribution and location of investments
CAPER 11
OMB Control No: 2506-0117 (exp. 06/30/2018)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
Federal funds were leveraged by additional private, state, and local funds, where applicable.
The City complied with all HOME matching fund contribution requirements as outlined in
92.218 of the HOME regulations. These were satisfied with a mix of match carryover from prior
years as well as other eligible sources. Likewise, Emergency Solutions Grant Program (ESG)
match requirements were met by using CDBG and private (non-HUD) funds. These funds were
matched on a dollar-for-dollar basis.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 4,891,285
2. Match contributed during current Federal fiscal year 1,133,650
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 6,024,935
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 6,024,935
Table 5 – Fiscal Year Summary - HOME Match Report
CAPER 12
OMB Control No: 2506-0117 (exp. 06/30/2018)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
3152 02/27/2019 0 0 1,000 0 0 0 1,000
3155 01/28/2019 0 0 1,100 0 0 0 1,100
3162 03/12/2019 0 0 7,600 0 0 0 7,600
3164 03/06/2019 0 0 1,000 0 0 0 1,000
3199 07/19/2019 0 0 7,100 0 0 0 7,100
3200 07/12/2019 0 0 1,500 0 0 0 1,500
3202 07/15/2019 0 0 3,000 0 0 0 3,000
3205 09/06/2019 0 0 1,100 0 0 0 1,100
LWB Bond
Funds 12/31/2019 766,874 0 0 0 0 766,874 766,874
UDAG PI 12/31/2019 2,838 0 0 0 0 0 2,838
Wells Fargo
Payments 12/31/2019 340,538 0 0 0 0 0 340,538
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period
Balance on hand at begin-
ning of reporting period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end of
reporting period
$
1,545,349 301,814 838,868 0 1,008,295
Table 7 – Program Income
CAPER 13
OMB Control No: 2506-0117 (exp. 06/30/2018)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
CAPER 14
OMB Control No: 2506-0117 (exp. 06/30/2018)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired, and the cost of acquisition
Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
CAPER 15
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 20 19
Number of Special-Needs households to be
provided affordable housing units 15 15
Total 35 34
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 20 19
Number of households supported through
The Production of New Units 18 0
Number of households supported through
Rehab of Existing Units 15 19
Number of households supported through
Acquisition of Existing Units 5 0
Total 58 38
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Cuts to Federal funding and delays in distribution of that funding have created unanticipated difficulties
and negatively impacted the ability of Augusta - Richmond County to meet the goals established in the
Consolidated Plan. Additionally, Augusta Housing and Community Development (HCD) has experienced
a change in senior leadership with a new Deputy Director and several changes to mangement staff
during the 2019 program year. This has led to a refocusing of HCD's efforts to address affordable
housing, economic development, homelessness and other special needs. As a result of these difficulties
and with consideration of some of the related augmentation to departmental strategies, there is a
reduction of actual performance compared to the listed goals established in the 2015-19 Consolidated
Plan.
CAPER 16
OMB Control No: 2506-0117 (exp. 06/30/2018)
The City of Augusta substantially amended the current Consolidated Plan during the 2019 Program Year
to refocus resources on the creation of Affordable Housing opportunities and Economic Development
projects in low and moderate income areas of Augusta. This Substantial Amendment refelcted a
refocusing of HCD's efforts to address the most pressing and evolving needs of the citizenry of the local
community. A second Substantial Amendment request will aim to reallocate prior year resources to
address the underserved goals of Elimination of Slum and Blight conditions through Clearance and
Demolition activities, while also increasing the access to affordable housing, both rental and
homeownership, through additional Affordable Housing Activities. Continued investment in the
community's locally owned small businesses will also be addresesed through an expansion of the
Department's Economic Development Micro Enterprise Training goals in the current Cosolidated
Planning Peiored.
Discuss how these outcomes will impact future annual action plans.
Cuts to Federal funding and delays in distribution of that funding have created unanticipated difficulties
and negatively impacted the ability of Augusta - Richmond County to meet the goals established in the
Consolidated Plan. As a result, there is a reduction of actual performance compared to the listed goals
established in the 2015-19 Consolidated Plan.
Affordable housing production and acquisition rebounded in 2015 as the housing market continued to
recover. Augusta - Richmond County's Homeowner Rehabilitation program continues to be a highly
efficient application of CDBG funds for achieving the community housing priorities:
• Maintaining affordable housing
• Maintaining quality housing
• Reducing Blight
• Assisting Special Needs
The need for assistance is far greater than currently available resources. Most challenging is capacity to
address major improvements such as roof repairs, which is the most critical measure for preserving
housing by preventing water intrusion. Exterior paint improvements from the Emergency Paint program
continue to be an effective tool for combating blight by improving the visual appearance of the
neighborhood. Lead paint testing and lead safe procedures are a core component of preparing homes
for paint and paint-disturbing repairs.
Qualifying potential homeowners for mortgages continues to be a challenge in the Augusta - Richmond
County housing market. The customer pipeline from first contact to closing can be long, with many
opportunities to find competitive alternatives in suburban markets. New clients are screened to
categorize client readiness for a home purchase and offered assistance or directed to resources for
addressing barriers to home ownership.
CAPER 17
OMB Control No: 2506-0117 (exp. 06/30/2018)
The public private partnerships generate effective earned-media attention for programs and home
ownership opportunities. On the other hand, news reports of crime in neighborhoods with considerable
HOME investment discourage newcomers and reinforce the historic perception on the area.
New infill housing funded with federal assistance is sustainably constructed to minimize environmental
impacts and maximize indoor environmental quality and energy efficiency. These high performance
homes offer lower operational cost for energy and maintenance, but cost more to build. A large portion
of potential buyers purchase homes based on price per square foot or based on upgraded finishes they
can see, rather than premium home performance systems such as spray-foam encapsulated attics,
Energy STAR certified appliances and high efficiency lighting.
CAPER 18
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
Homeless Outreach in Augusta-Richmond County is facilitated primarily through sponsored community
outreach events, principally the Homeless Stand Down hosted in partnership between the local VA and
Continuum of Care (CoC) membership, and the PATH Resource Fair, hosted by the community's PATH
Outreach Team at Serenity Behavioral Health. Additional efforts at outreach and engagement occur
periodically through events like the annual Point-in-Time Count, and on an on-going basis by the day-to-
day activities of the PATH Outreach Team from Serenity.
Addressing the emergency shelter and transitional housing needs of homeless persons
People become homeless for a number of reasons including evictions, inability to pay rent, health
problems, domestic violence and family conflicts, substance abuse issues, poverty and unemployment,
inadequate supply of affordable housing, physical and mental disabilities and inadequate institutional
discharge policies and procedures.
The City of Augusta continues to provide CDBG and ESG funds annually to agencies carrying out
homelessness prevention activities. Funds were provided to Action Ministries, East Augusta CDC, CSRA
EOA, Hope House, SAFE Homes of Augusta, Salvation Army, St, Stephens Ministries and United Way to
provide rental assistance to homeless persons to prevent eviction.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
People become homeless for a number of reasons including evictions, inability to pay rent, health
problems, domestic violence and family conflicts, substance abuse issues, poverty and unemployment,
inadequate supply of affordable housing, physical and mental disabilities and inadequate institutional
discharge policies and procedures.
The City of Augusta continues to provide CDBG, and ESG funds annually to agencies carrying out
homelessness prevention activities. Funds were provided to Action Ministries, East Augusta CDC, CSRA
EOA, Hope House, SAFE Homes of Augusta, Salvation Army, St, Stephens Ministries and United Way to
CAPER 19
OMB Control No: 2506-0117 (exp. 06/30/2018)
provide rental assistance to homeless persons to prevent eviction or rapidly rehouse person who are
evicted.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The Salvation Army has a Housing Coordinator who assists residents in locating housing. Action
Ministries employs a Home Search Coordinator that assists homeless individuals in locating housing.
Also, Action Ministries provides furniture items to registered agencies and individuals to assist with the
furnishings of their residences.
CSRA Economic Opportunity Authority, Beulah Grove Resource Center, Salvation Army and SAFE Homes
assist individuals and families with rental and utility deposits and at times transportation assistance.
Emergency Shelter/Solutions Grant and Community Development Block Grant funds were provided to
the aforementioned agencies to assist with the operation of their programs.
The Housing Authority extends priority status in its public housing programs to homeless persons in
transition.
Goodwill Industries also operates three local facilities providing job training and job placement services
to homeless persons seeking employment
CAPER 20
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Augusta Housing Authority is an independent public corporation, funded primarily by the U.S.
Department of Housing and Urban Development (HUD). The Housing Authority is not a City Department;
therefore, the actions that they may take to foster public housing improvements and improve resident
initiatives to become more involved in management and participate in homeownership are limited
within the scope of this plan.
The Housing Authority currently operates and maintains thirteen (13) public housing developments in
Augusta-Richmond County. Together, these properties house 4,967 people in 2,128 living units. In
addition, the PHA administers another 3,674 units under the Section 8 Housing Assistance Payment
Program located on scattered sites throughout the city. The 3,674 units consists of 3,579 Section 8
Housing Choice Vouchers and 95 HUD-VASH Vouchers with a total resident count of 11,238 family
members during Year 2019.
The quality of the housing units owned by the Authority is good and maintenance is excellent. Relating
to this, the evaluation method used by HUD for judging the successful operation of a housing authority
is the Public Housing Assessment System (PHAS). The Augusta Housing Authority continually has a high
performing status for both their Section 8 (SEMAP) and Public Housing Programs.
The annual budget for the Housing Authority exceeds $20 million and includes expenditures to operate
and maintain the public housing projects, provide housing assistance payments to Section 8 program
participants, make capital improvements, provide security and other community services, and overall
administration of the program. The Public Housing Program is divided in four (4) areas which consist of:
Allen Homes, MM Scott, Oak Pointe, Cherry Tree Crossing, Peabody Apartments, Hal Powell, Ervin
Towers, Olmstead Homes, Jennings Place, Dogwood Terrace, Barton Village (some areas), 12 units at
Legacy at Walton Oaks and Overlook Apartments.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The Housing Authority strives to continue to improve resident initiatives through innovation in program
design, adding new programs through special grant programs and maintaining a close relationship with
the residents. The Authority continues to build new partnerships and seek new resources in the local
community as well as nationwide.
It offers the Section 8(y) Homeownership Program to its residents. This program is designed to promote
and support homeownership for first-time homebuyers and allows one of more family members to
purchase a house. The program permits participants who meet the general requirements for admission
into the public housing Section 8 Housing Choice Voucher Program the option of purchasing a home
CAPER 21
OMB Control No: 2506-0117 (exp. 06/30/2018)
with their assistance rather than renting.
The Authority provides academic assistance to youth and adults living in public housing. Each year, the
Authority provides scholarships to resident youth and adults that will attend either college or technical
school. In addition the Authority offers after-school tutoring programs a GED program for adults, an
adult literacy program, special tutoring in math and reading for the youth and a Neighborhood Networks
Center where residents can have access to computers, the internet and additional training.
The Authority works closely with residents who experience special problems. A drug abuse counselor
assists residents with drug treatment and counseling. Provisions are made for the senior residents as
well. Specific events for the seniors include Senior Health Fairs and Screenings, a Senior Olympics, an Old
Fashioned Costume party and holiday activities. A Senior Services Coordinator is employed to provide a
number of activities including case management. A partnership with JWC Helping Hand, which received
a ROSS (Resident Opportunities for Self-Sufficiency) grant, provides a variety of services for the senior
and disabled residents. Included are home care and assistance from housekeeping aides.
Actions taken to provide assistance to troubled PHAs
The Augusta Housing Authority is not considered a "troubled" PHA.
CAPER 22
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The cost of housing and incentives to develop, maintain and improve affordable housing are all affected
by public policies. Augusta Housing and Community Development understands that certain public
policies can, at times, creates barriers to housing affordability through increases in cost of housing and
other related factors. Through AHCD's efforts to ameliorate those barriers, efforts are regularly made to
engage local officials in educational opportunities to better understand the barriers that public policy
can create and offer insights as to how these policies can be reassessed to meet the needs of the low-
income residents of the community.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
Augusta - Richmond County is continuing in its effort to remove obstacles to meeting under-served
needs throughout the community. Underserved needs for low income persons in Augusta include but
are not limited to: Housing, Special Needs of the Non-Homeless, Homelessness, Non-Housing
Community Development Needs (Public Facilities, Public Services, Infrastructure, Education, Public
Safety, Economic Development and Workforce Development). To meet these needs, many obstacles
exist.
Funding remains the largest obstacle to meeting under-served needs. To address this issue, the City
leverages its limited resources by encouraging partnerships among the many nonprofit and for-profit
organizations and urges them to apply to HUD, other Federal agencies, the State and foundations for
resources.
Additionally, the City has made a commitment to budget CDBG funds at the maximum allowable for
public services activities to offer citizens much needed programs and services in the area of literacy,
youth activities, senior services, violence prevention, meals and transportation for the homeless, health
care assistance for low income families.
Unmet housing needs are addressed through the City’s Housing Rehabilitation Program, Emergency
Repair Program, Paint Program and new construction of housing by the local CHDOs and other
developers.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
As part of Augusta - Richmond County's strategy to address the obstacles to meeting the needs of the
underserved population of the local community, Augusta - Richmond County through Augusta Housing
CAPER 23
OMB Control No: 2506-0117 (exp. 06/30/2018)
and Community Development (AHCD) directs resources to local community programs in targeted re-
development areas. AHCD annually provides local community organizations with resources to carry out
the objectives listed in the community's Consolidated Plan. These funds are used for various community
services including after-school programs, workforce development, elderly care, housing rehabilitation,
rent support and assistance and many others.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
The primary purpose of the City’s programs is to reduce the number of persons and families living in
poverty by providing social and economic opportunities via development, housing, social services and
other activities that provide lower income persons an opportunity to improve their living standards. The
primary goal of all the projects funded during program year 2019 was to reduce poverty in the local
community.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The Housing and Community Development Department administers the CDBG, HOME, ESG and HOPWA
Programs. This department continually forms new partnerships with local nonprofit organizations,
developers, the private sector and other local resources to implement the Consolidated Plan. Housing
efforts are coordinated through five (5) CHDOs, Antioch Ministries, 30901 Development Corporation,
East Augusta CDC, Laney-Walker Development Corporation and Promise Land CDC; and three (3) non-
profits, Augusta Neighborhood Improvement Corporation, South Augusta Redevelopment and Sand Hills
Urban Development. Fair housing issues are handled by HCD and HUD. The Augusta Continuum of Care
system is coordinated by the City with the assistance of homeless providers.
CDBG, HOME, ESG and HOPWA funds are provided to non-profits through a competitive application
process. The coordination of multiple funding sources allows for better coordination and usage of
limited funding resources to meet the variety of needs of low income individuals and families. The City’s
HCD Department takes the lead to ensure appropriate coordination of the following:
• Providing technical assistance to potential sub-recipients.
• Carry out the statutory requirements of the CDBG, HOME, ESG and HOPWA programs.
• Encourage local financial institutions to become partners in affordable housing projects.
• Manage planning studies for neighborhoods.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
As grantee and recipient of Emergency Solution Grant funds, Augusta - Richmond County, through its
sub-recipient Partner Agencies, assists individuals at risk of homelessness by providing financial
assistance for rent, moving and utility assistance.
CAPER 24
OMB Control No: 2506-0117 (exp. 06/30/2018)
During the 2019 Program Year, Augusta-Richmond County continued to coordinate its efforts with that
of the local Public Housing Authority, Augusta Housing Authority, and the local social service Partner
Agencies within the local Continuum of Care (GA-504). Also during 2019, the City continued to
encourage its sub-recipients to consolidate funding applications to ensure a more cohesive service
delivery.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The Grantee (HCD) shall work over the course of the next several fiscal years to effectively address those
ailments and impediments outlined in the A&I Study. However, the Grantee shall continue to:
Actively seek a Fair Housing entity to assist with providing directions in how to implement a fair housing
program and how to get the local stakeholders involved and provide educational information to
residents about fair housing and guidance on how to file housing discrimination claims.
Additionally, the Grantee has worked to enhance first-time homebuyer training programs that are
within the domain of the Housing and Community Development Department:
• Promote outreach and education related to credit for prospective homebuyers. Include
enhanced financial literacy for senior high school students.
• Address establishment and wise use of good credit, including a discussion that educates
prospective credit consumers about predatory lending practices
• Identify the attributes of predatory loans
• Create list of lenders that have targeted Augusta, Georgia citizens with predatory mortgages
The Grantee has continued to attend first time homebuyer classes and work with housing counseling
agencies to find the best way to implement an education component to syllabus. The purpose of this
section will be to educate potential homebuyers on the importance of maintaining good credit and
avoid predatory lending practices.
AHCD has held meetings to discuss fair housing and affordable housing. Meetings were held with the
local housing nonprofits and CHDOs, public hearings, weekly real estate meetings, and monthly
neighborhood association meetings. Staff members from HOME and CDBG programs continue to discuss
ways to reach out to various groups and entities regarding fair housing education.
CAPER 25
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City currently uses various administrative mechanisms to track and monitor the progress of HUD-
funded projects that are under its control and jurisdiction. The goal is to ensure that Consolidated Plan
related programs and activities are carried out in a timely manner in accordance with federal regulations
and other statutory or regulatory requirements. The primary monitoring goals of the City is to provide
technical assistance, identify deficiencies and promote corrections in order to improve, reinforce or
augment the community’s Consolidated Plan performance.
The City monitors all CDBG, ESG, HOME and HOPWA sub-recipient activities as required by HUD in
accordance with the agreement between the agency and the City. Sub-recipients are required to submit
monthly and annual program and financial reports to facilitate monitoring. Site visits are conducted at
least twice a year and an in-depth monitoring is conducted once a year. Annual monitoring includes
ensuring that the sub-recipients, including Community Housing Development Organizations, comply
with the terms of their agreements, including income and client eligibility, rents, reporting
requirements, timeliness, sales prices, values, property standards, affirmative marketing, periods of
affordability, relocation and fair housing. For established agencies, the City may choose to conduct a
desk monitoring for agencies providing public services.
Once the on-site annual monitoring is complete, the monitor prepares a formal written letter describing
the results of the visit, which may include recognition of strengths and weaknesses, findings and/or
concerns. If a finding is issued, the monitoring follow-up letter identifies a deadline for when the issues
must be corrected. A written record, which includes the completed monitoring checklist and the follow-
up letter are kept on file with the sub-recipient’s grant agreement and reports.
Other efforts include ongoing communication with sub-recipients through the provision of on-site
technical assistance. Frequent telephone contacts, written communications, analysis of reports and
annual audits, administrative and environmental guidance by City staff provide a basis for review and
monitoring.
City staff is also responsible for monitoring Federal Labor Standards requirements (Davis-Bacon,
Contract Work Hours and Safety Standards Act, etc.) on an on-going basis. In addition, the City’s Internal
Auditor conducts an annual audit of programs and activities that are covered by the Federal Labor
Standards and administered by the City.
The City performed an on-site in-depth annual monitoring of CDBG, ESG and HOPWA public service
agencies, public facilities and Facades. Also, monitoring was conducted monitoring on five (5)
CAPER 26
OMB Control No: 2506-0117 (exp. 06/30/2018)
Community Housing Development Organizations (CHDO) and three (3) non-profit organizations –
concerns, if any, were addressed and corrected.
Of the public service agencies monitored, ongoing problems that the City encounters are the slow
expenditure of funds and tardiness in submitting progress reports. For housing organizations, timely
expenditure of funds and selling of houses are noted concerns.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
Augusta – Richmond County carefully follows the process that is outlined in the City of Augusta’s
Housing and Community Development Department’s Citizen Participation Plan. Within the Augusta –
Richmond County Consolidated Plan Submission for U.S. Department of Housing and Urban
Development (HUD) Programs (CDBG, ESG, HOME and HOPWA), the Citizen Participation Plan is
designed to assure citizen involvement. Augusta – Richmond County complies with the HUD citizen
participation requirements listed in the code of federal regulations at 24CFR91.105. The draft CAPER
was made available at the Augusta Housing and Community Development Department office and
electronically on the City of Augusta’s website. Notification of the draft 2019 Consolidated Annual
Performance Evaluation Report (CAPER) was published on the City’s website, along with the CAPER and
supporting documentation.
CAPER 27
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The City’s existing housing shortage, affected by a combination of market, regulatory, and cost
constraints, continues to offer limited supply to low and moderate income homeowners and
renters. The City has continued to take a proactive approach to supporting production of all types of
housing, including offering expedited processing of housing projects through the entitlement process
using HOME funding. In partnership with the private sector, the City continues the concerted effort of
revitalizing the Historic Laney Walker and Bethlehem neighborhoods, with HOME funded affordable
housing options and market based rental and for-sale units developed by private interests. These
actions, to name a few, supported by the findings of the Consolidated Plan, continue to support the
prioritization of CDBG, HOME, HOPWA, and local funds for affordable housing purposes and homeless
prevention and services.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
CAPER 28
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
Please list those projects that should have been inspected on-site this program year based upon
the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues
that were detected during the inspection. For those that were not inspected, please indicate
the reason and how you will remedy the situation.
AHCD inspects all rental projects annually. There are currently six HOME rental projects and all except
one has been inspected. The final unit is scheduled to be inspected in April.
All inspected units were deemed to be in compliance with Housing Quality Standards. The review of
tenant files demonstrated compliance with HOME rent and income certification requirements and
documentation. Review of management practices also appear to be in compliance with HOME
requirements, including Tenant Selection Plan, Affirmative Fair Housing Marketing Plan and Waiting List.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
Augusta - Richmond County, through Augusta Housing and Community Development (AHCD),
affirmatively markets its housing to all eligible income groups; applicants will not be steered to a
particular site based solely on the household's income. AHCD works with local non-profit and for-profit
organizations and we ensure that all applicable Fair Housing laws are followed. AHCD utilizes traditional
media outreach and online/social media tactics that work in tandem to enhance each other. One of the
best practices utilized thus far is personal testimonials from previous homeowners/renters.
Refer to IDIS reports to describe the amount and use of program income for projects,
including the number of projects and owner and tenant characteristics
Refer to IDIS reports to describe the amount and use of program income for projects, including the
number of projects and owner and tenant characteristics.
2019 Home Program Income received = $409,142.32 - $5000 drawn against 2013 program year and
$26,750.93 drawn against 2014 program year, leaving a balance of $377,391.39. Additional transactions
have been registered in Augusta-Richmond County's General Ledger but not reflected in IDIS totaling
$1,374.41. Please see the Chart labeled 2019 HOME Program Income Reconciliation Chart for further
detail.
2019 HOME Program Income expended = $49,398.08. In Program Year 2019, HOME Program Income
was appropriated to 8 HOME projects.
CAPER 29
OMB Control No: 2506-0117 (exp. 06/30/2018)
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES
ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
N/A
CAPER 30
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-55 - HOPWA 91.520(e)
Identify the number of individuals assisted and the types of assistance provided
Table for report on the one-year goals for the number of households provided housing through
the use of HOPWA activities for: short-term rent, mortgage, and utility assistance payments to
prevent homelessness of the individual or family; tenant-based rental assistance; and units
provided in housing facilities developed, leased, or operated with HOPWA funds.
Number of Households Served Through: One-year Goal Actual
Short-term rent, mortgage, and utility assistance
to prevent homelessness of the individual or
family 150 172
Tenant-based rental assistance 0 33
Units provided in permanent housing facilities
developed, leased, or operated with HOPWA
funds 10 11
Units provided in transitional short-term housing
facilities developed, leased, or operated with
HOPWA funds 10 5
Total 170 221
Table 13 – HOPWA Number of Households Served
Narrative
The City of Augusta continues to solicit for new partnerships and service-delivery models in concert with
the local Health Department and Ryan White Outreach Team at Augusta University. The goal continues
to be to provide access to as many supports and related services from our HOPWA community partners
to as many eligible citizens as possible.
CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
Recipient Name AUGUSTA
Organizational DUNS Number 073438418
EIN/TIN Number 582204274
Indentify the Field Office ATLANTA
CAPER 31
OMB Control No: 2506-0117 (exp. 06/30/2018)
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG assistance
Augusta CoC
ESG Contact Name
Prefix Mr
First Name DANIEL
Middle Name J
Last Name EVANS
Suffix 0
Title Community Development Manager
ESG Contact Address
Street Address 1 510 Fenwick Street
Street Address 2 0
City Augusta
State GA
ZIP Code 30901-
Phone Number 7068211797
Extension 2886
Fax Number 7064693349
Email Address DEVANS2@AUGUSTA.GOV
ESG Secondary Contact
Prefix Ms
First Name Shauntia
Last Name Lewis
Suffix 0
Title Deputy Director
Phone Number 7068211797
Extension 2868
Email Address slewis@augustaga.gov
2. Reporting Period—All Recipients Complete
Program Year Start Date 01/01/2019
Program Year End Date 12/31/2019
CAPER 32
OMB Control No: 2506-0117 (exp. 06/30/2018)
3a. Subrecipient Form – Complete one form for each subrecipient
Subrecipient or Contractor Name: CSRA ECONOMIC OPPORTUNITY AUTHORITY, INC.
City: Augusta
State: GA
Zip Code: 30901, 2127
DUNS Number: 092148261
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non-Profit Organization
ESG Subgrant or Contract Award Amount: 18000
Subrecipient or Contractor Name: SALVATION ARMY, AUGUSTA
City: Augusta
State: GA
Zip Code: 30901, 1032
DUNS Number: 124261228
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Faith-Based Organization
ESG Subgrant or Contract Award Amount: 25000
Subrecipient or Contractor Name: SAFE HOMES OF AUGUSTA, INC.
City: Augusta
State: GA
Zip Code: 30914, 3187
DUNS Number: 030140326
Is subrecipient a victim services provider: Y
Subrecipient Organization Type: Other Non-Profit Organization
ESG Subgrant or Contract Award Amount: 50000
Subrecipient or Contractor Name: Action Ministries
City: Augusta
State: GA
Zip Code: 30901, 2424
DUNS Number: 771498500
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Other Non-Profit Organization
ESG Subgrant or Contract Award Amount: 25000
CAPER 33
OMB Control No: 2506-0117 (exp. 06/30/2018)
Subrecipient or Contractor Name: Augusta Housing and Community Development
City: Augusta
State: GA
Zip Code: 30901, 2902
DUNS Number: 073438418
Is subrecipient a victim services provider: N
Subrecipient Organization Type: Unit of Government
ESG Subgrant or Contract Award Amount: 23399
CAPER 34
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-65 - Persons Assisted (see Attachment 1, ESG SAGE CAPER REPORT)
4. Persons Served
4a. Complete for Homelessness Prevention Activities
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 16 – Household Information for Homeless Prevention Activities
4b. Complete for Rapid Re-Housing Activities
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 17 – Household Information for Rapid Re-Housing Activities
4c. Complete for Shelter
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 18 – Shelter Information
CAPER 35
OMB Control No: 2506-0117 (exp. 06/30/2018)
4d. Street Outreach
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 19 – Household Information for Street Outreach
4e. Totals for all Persons Served with ESG
Number of Persons in
Households
Total
Adults 0
Children 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 20 – Household Information for Persons Served with ESG
5. Gender—Complete for All Activities
Total
Male 0
Female 0
Transgender 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 21 – Gender Information
CAPER 36
OMB Control No: 2506-0117 (exp. 06/30/2018)
6. Age—Complete for All Activities
Total
Under 18 0
18-24 0
25 and over 0
Don't Know/Refused/Other 0
Missing Information 0
Total 0
Table 22 – Age Information
7. Special Populations Served—Complete for All Activities
Number of Persons in Households
Subpopulation Total Total Persons
Served –
Prevention
Total Persons
Served – RRH
Total
Persons
Served in
Emergency
Shelters
Veterans 0 0 0 0
Victims of Domestic
Violence 0 0 0 0
Elderly 0 0 0 0
HIV/AIDS 0 0 0 0
Chronically Homeless 0 0 0 0
Persons with Disabilities:
Severely Mentally
Ill 0 0 0 0
Chronic Substance
Abuse 0 0 0 0
Other Disability 0 0 0 0
Total
(Unduplicated if
possible) 0 0 0 0
Table 23 – Special Population Served
CAPER 37
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units - Rehabbed 0
Number of New Units - Conversion 0
Total Number of bed-nights available 43,800
Total Number of bed-nights provided 38,308
Capacity Utilization 87.46%
Table 24 – Shelter Capacity
11. Project Outcomes Data measured under the performance standards developed in
consultation with the CoC(s)
Augusta - Richmond County's Performance Data, which was developed in consultation with the local
Continuum of Care (GA-504), is as follows:
Performance Measures
Homeless Prevention Goal: Total unduplicated count of persons receiving rent assistance: 78
Project Outcome Data: 78 persons received rent assistant during program year 2019
Performance Measure
Homeless Shelter Goal: Total unduplicated count of persons receiving overnight shelter: 1798
Project Outcome Data: 1798 persons received overnight shelter during program year 2019.
CAPER 38
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-75 – Expenditures
11. Expenditures
11a. ESG Expenditures for Homelessness Prevention
Dollar Amount of Expenditures in Program Year
2017 2018 2019
Expenditures for Rental Assistance 23,506 0 0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance 0 0 0
Expenditures for Housing Relocation &
Stabilization Services - Services 0 0 0
Expenditures for Homeless Prevention under
Emergency Shelter Grants Program 0 0 0
Subtotal Homelessness Prevention 23,506 0 0
Table 25 – ESG Expenditures for Homelessness Prevention
11b. ESG Expenditures for Rapid Re-Housing
Dollar Amount of Expenditures in Program Year
2017 2018 2019
Expenditures for Rental Assistance 37,793 45,224 0
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance 0 0 0
Expenditures for Housing Relocation &
Stabilization Services - Services 0 0 0
Expenditures for Homeless Assistance under
Emergency Shelter Grants Program 0 0 0
Subtotal Rapid Re-Housing 37,793 45,224 0
Table 26 – ESG Expenditures for Rapid Re-Housing
11c. ESG Expenditures for Emergency Shelter
Dollar Amount of Expenditures in Program Year
2017 2018 2019
Essential Services 0 0 0
Operations 50,000 62,343 0
Renovation 0 0 0
Major Rehab 0 0 0
Conversion 0 0 0
Subtotal 50,000 62,343 0
Table 27 – ESG Expenditures for Emergency Shelter
CAPER 39
OMB Control No: 2506-0117 (exp. 06/30/2018)
11d. Other Grant Expenditures
Dollar Amount of Expenditures in Program Year
2017 2018 2019
Street Outreach 12,088 0 0
HMIS 0 0 0
Administration 11,315 1,465 0
Table 28 - Other Grant Expenditures
11e. Total ESG Grant Funds
Total ESG Funds Expended 2017 2018 2019
243,735 134,703 109,033 0
Table 29 - Total ESG Funds Expended
11f. Match Source
2017 2018 2019
Other Non-ESG HUD Funds 0 0 0
Other Federal Funds 22,806 14,912 0
State Government 25,000 0 0
Local Government 14,507 20,735 0
Private Funds 22,234 123,172 0
Other 50,500 29,246 0
Fees 0 0 0
Program Income 0 0 0
Total Match Amount 135,047 188,065 0
Table 30 - Other Funds Expended on Eligible ESG Activities
11g. Total
Total Amount of Funds
Expended on ESG
Activities
2017 2018 2019
566,847 269,750 297,098 0
Table 31 - Total Amount of Funds Expended on ESG Activities
CAPER 40
OMB Control No: 2506-0117 (exp. 06/30/2018)
Attachment
FY2019 HESG CAPER Augusta
CAPER 41
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 42
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 43
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 44
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 45
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 46
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 47
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 48
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 49
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 50
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 51
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 52
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 53
OMB Control No: 2506-0117 (exp. 06/30/2018)
FY2019 CAPER Public Advertisement of Comment Period
CAPER 54
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 55
OMB Control No: 2506-0117 (exp. 06/30/2018)
FY2019 HOPWA CAPER Performance Measurement Report
CAPER 56
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 57
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 58
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 59
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 60
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 61
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 62
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 63
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 64
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 65
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 66
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 67
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 68
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 69
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 70
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 71
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 72
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 73
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 74
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 75
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 76
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 77
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 78
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 79
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 80
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 81
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 82
OMB Control No: 2506-0117 (exp. 06/30/2018)
CAPER 83
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Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_ MOU_ Micro-Enterprise Technical Assistance Program Request
Department:HCD
Department:HCD
Caption:Motion to approve HCD’s request to enter into a Memorandum
of Understanding with the, Greater Augusta Black Chamber of
Commerce, and Antioch Ministries, Inc., and the Metro Augusta
Chamber of Commerce, in support of HCD’s Micro-Enterprise
Technical Assistance Program.
Background:Housing and Community Development (HCD) has established,
as part of HCD’s full Economic Development Program, a Micro-
Enterprise Technical Assistance (M.E.T.A.) for Small Business
Program. The program is designed to stimulate economic
growth and create or expand locally owned and operated
businesses that will improve the economic conditions of
residents in the local community. This program is funded
through entitlement allocation dollars from the United States
Department of Housing and Urban Development (HUD) under
the Community Development Block Grant (CDBG). HCD’s
Program is designed to operate in compliance with the
regulations as described at 24 CFR 570.201(o). Eligible
participants, referred to in the program rules as a micro-
enterprise, constitute a commercial enterprise (i.e. business), that
has five or fewer employees, one of whom owns the enterprise.
For the purposes of this program, eligible businesses must be
located in Augusta-Richmond County and employ low-to-
moderate income-eligible employees within their business. This
program will provide technical assistance and training services
to benefit existing and startup local businesses. HCD’s Partners
in this program, the Augusta Metro Chamber of Commerce
(AMCC), the Greater Augusta Black Chamber of Commerce
(GABCC), and Antioch Ministries, Inc. (AMI) provide a
combination of services and supports to complement the
implementation of this program. All Partners will keep HCD
apprised of services and programs offered. In addition, all
Partners will provide committee and involvement opportunities
and provide speaking platforms for HCD to educate and create
Cover Memo
awareness of programs and services to the community. All
Partners will also support and market HCD programs and
services among their respective memberships and will continue
to collaborate with the City of Augusta under all partnerships
established under the Micro Enterprise Technical Assistance
Program umbrella, with no impact of this agreement upon other
operations with HCD or other City of Augusta Departments or
representatives.
Analysis:The approval of HCD’s MOU with a) Antioch Ministries, INC.
and b) the Greater Augusta Black Chamber of Commerce in
support of HCD’s Micro-Enterprise Technical Assistance
Economic Development Program will provide no-cost training
space for the program to utilize to increase capacity and
opportunity for economic growth through the creation or
expansion of locally owned and operated businesses. HCD’s
Agreement with Metro Augusta Chamber of Commerce will
provide low-cost access to support services for local businesses
through HCD’s Micro-Enterprise Technical Assistance Program.
This program will be useful for small, start-up businesses as
HCD’s Economic Development Tools, (i.e. loans or grants) and
has terms that are flexible and can be tailored to the needs of the
business. Local firms’ participation in the technical assistance
and training phase of the program can identify, assess and
address these needs
Financial Impact:HCD’s MOU with Greater Augusta Black Chamber of
Commerce, and Antioch Ministries, Inc. in support of HCD’s
Micro-Enterprise Technical Assistance Economic Development
Program will provide services and training space to HCD at no
cost. HCD’s Agreement with Metro Augusta Chamber of
Commerce will provide low-cost access to support services for
local businesses through HCD’s Micro-Enterprise Technical
Assistance Program. HCD’s Program is designed to operate in
compliance with the regulations as described at 24 CFR 570.201
(o).
Alternatives:Do not approve HCD’s Request.
Recommendation:Motion to Approve HCD’s request to enter into a Memorandum
of Understanding with the, Greater Augusta Black Chamber of
Commerce, and Antioch Ministries, Inc., and the Metro Augusta
Chamber of Commerce, in support of HCD’s Micro-Enterprise
Technical Assistance Program.
Funds are
Available in the
Following
Accounts:
Community Development Block Grant (CDBG) Funds (MOUs
carry NO associated costs for Augusta, GA).Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
MEMORANDUM OF UNDERSTANDING
BETWEEN
AUGUSTA, GA
AND
ANTIOCH MINISTRIES, INC.
Whereas, Augusta Housing and Community Development is a Department of Augusta, GA with
a primary focus on creating positive change by promoting self-sufficiency through partnership in
economic development, quality housing, and neighborhood reinvestment.
AND Antioch Ministries, Inc. is committed to revitalizing distressed communities by building
healthy, socio-economically diverse neighborhoods for the citizens of Augusta, Georgia.
AND working together Augusta Housing and Community Development and Antioch Ministries,
Inc. will assist new and existing micro-enterprise (i.e. businesses) with growing locally owned and
operated businesses by providing no-cost space for training through the Micro Enterprise
Technical Assistance Program.
NOW, THEREFORE, BE IT RESOLVED that the Augusta Housing and Community
Development and Antioch Ministries, Inc. enter into this Memorandum of Understanding to assist
assists new entrepreneurs through Micro-Enterprise Technical Assistance and training.
I. Augusta Housing and Community Development Responsibilities:
1. Provide micro-enterprise technical assistance directly or through contracted
organizations, as described in applicable program manuals.
2. Provide small business development funding opportunities as described in HCD’s
Economic Development Program manual.
3. Build a model of partnership in economic development that can be replicated in other
counties/areas.
4. Provide learning opportunities in conjunction with Antioch Ministries, Inc. for new
and potential local business owners.
5. Foster partnerships through Augusta Housing and Community Development’s
resources that would benefit our local small business community.
II. Antioch Ministries, Inc. Responsibilities:
1. Become familiar with all of the City of Augusta’s micro-enterprise technical
assistance and training services to better utilize them to benefit startup
organizations.
2. Provide on-going access to the community-training center at the small business
incubator for classes and workshops scheduled through HCD’s micro-enterprise
technical assistance program at no cost to HCD. Scheduling shall be coordinated
with Antioch Ministries, Inc., based on the final implementation of the training
agenda for each cohort.
3. Continue to collaborate with the City of Augusta under all partnerships established
under Antioch Ministries’ umbrella, with no impact of this Agreement upon other
operations with HCD or other City of Augusta representatives.
III. Assurances:
1. This Memorandum of Understanding is contingent on continued funding. Either
party may cancel this agreement with 30 days written notice or if funding
becomes unavailable. This MOU shall be considered to renew annually upon the
1-Year anniversary of the dates affixed below, unless otherwise amended by
either party to the terms of the MOU.
2. By mutual written consent, the parties to this Agreement may amend or modify
this Agreement; however, should such an amendment or modification change the
scope of responsibilities compared to those listed above, such change must
receive prior mutual approval by both the City of Augusta and Antioch
Ministries, Inc.. All approved amendments must be expressly written and signed
by both the City of Augusta and Antioch Ministries, Inc.
3. Antioch Ministries, Inc. agrees to comply with all federal and state customer
program participation requirements; eligible customers will be served without
regard to race, familial status color, religion, sex, national origin, marital status
or disability.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed on the day and year below.
ATTEST: Antioch Ministries, Inc. ATTEST: Housing and Community
Development
By: _____________________________ By: _________________________
Sclyance B. Scott Hawthorne E. Welcher, Jr.
As President / CEO As Director, HCD
DATE: _______________________ DATE: _______________________
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 1
AGREEMENT
BETWEEN
CITY OF AUGUSTA, GEORGIA
AND
Augusta Metro Chamber of Commerce
Funded by
The United States Department of Housing and Urban Development
FY 2019 Community Development Block Grant Funds
This Agreement is made and entered into this ____ day of ______, 2020 by and between
the City of Augusta, Georgia, a political subdivision of the State of Georgia, its successors and
assigns (hereinafter the "Grantee"), by and through the Augusta, Georgia Commission, as the
Implementer of the Community Development Block Grant Program (hereinafter referred to as
“CDBG”), and Augusta Metro Chamber of Commerce (hereinafter referred to as the “Sub-
recipient”).
AND
Augusta Metro Chamber of Commerce, its successors and assigns (hereinafter “Sub Recipient”)
Witnesseth, that, for and in consideration of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, Grantee and Sub Recipient hereby agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to manifest the objectives and the intentions of the respective parties herein, the following
statements, representations and explanations are set forth. Such statements, representations and
explanations shall be accepted as predicates for the undertakings and commitments included within
the provisions, which follow, and may be relied upon by the parties as essential elements of the
mutual considerations upon which this Agreement is based.
Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter
the “Act”) consolidated several existing programs for community development into a single
program of Community Development Block Grants (hereinafter “CDBG”) for the purpose of
allowing local discretion for the determination of needs and priorities of community development.
Through citizen participation workshops and the adoption of the City of Augusta Community
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 2
Development Annual Plan, the citizens of the City and the Mayor and City of Augusta, Georgia
Board of Commissioners, determined the needs and priorities of community development in the
City as set forth below.
Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in the
City’s CDBG submission to HUD, referred to as the Annual Plan. The City determined that the
projects included in the Annual Plan each addressed one or more of the following three national
objectives:
(a). Activities benefiting low- and moderate-income persons;
(b). Activities which aid in the prevention or elimination of slum and/or blight;
and/or,
(c). Activities designed to meet community development needs having a
particular urgency.
The Grantees CDBG Micro Enterprise Technical Assistance (META) Program is a CDBG
eligible activity as it addresses one or more of these objectives.
ARTICLE II
DEFINITION AND IDENTIFICATIONS
Unless otherwise specified, the following terms used herein shall be defined as listed below in this
Article I.
Act
Means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C.
5301 et seq.).
Annual Plan
The one-year portion of a Participating Jurisdiction's (PJ) Consolidated Plan (see definition of
"Consolidated Plan"). It includes the PJ's annual application for CDBG, HOME, HOPWA and
ESG funding.
Business Concern
Means businesses that can provide evidence that they meet one of the following:
a) 51 percent or more owned by Section 3 residents; or
b) At least 30 percent of its full time employees include persons that are currently Section 3
residents, or within three years of the date of first employment with the business concern were
Section 3 residents.
c) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the
dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 3
the above two paragraphs.
Consolidated Plan
A document written by a State or local government describing the housing needs of the low- and
moderate-income residents, outlining strategies to meet the needs and listing all resources available
to implement the strategies. This document is required to receive HUD Community Planning and
Development funds.
Community Development Block Grant (CDBG) Program or Program
The term “Community Development Block Grant (CDBG) Program”, or “Program” shall mean
that program administered by the Augusta, Georgia Housing and Community Development
Department funded by a Community Development Block Grant. Such grant shall be that which
has been applied for by Augusta, Georgia, and awarded by the U.S. Department of Housing and
Urban Development (HUD) as authorized pursuant to Title I of the Housing and Community
Development Act of 1974, Public Law 93-383, as amended.
C.F.R.
HUD's section of the Code of Federal Regulations (CFR) is Title 24 and is often referenced as 24
CFR. Chapter IX of 24 CFR, entitled Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban Development, applies to programs administered by
the Office of Public and Indian Housing.
Covered Person
For purposes of 24 CFR 5, subpart I, and parts 966 and 982, means a tenant, any member of the
tenant's household, a guest or another person under the tenant's control.
Department
The term “Department” shall mean the Augusta, Georgia Housing and Community Development
Department.
Grant
A federal grant is an award of financial assistance from a federal agency to a recipient to carry
out a public purpose of support or stimulation authorized by a law of the United States. Federal
grants are not federal assistance or loans to individuals.
Grantee
The term “Grantee” shall mean Augusta, Georgia. Augusta, Georgia is a consolidated form of
government, a political subdivision of the State of Georgia. Augusta, Georgia may be reference
as “Augusta”.
Household
Household means all the persons who occupy a housing unit. The occupants may be a single
family, one person living alone, two or more families living together, or any other related or
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 4
unrelated person who share living arrangements.
HUD
The term “HUD” shall mean the U. S. Department of Housing and Urban Development.
Low and Moderate Income Household
The term “Low and Moderate Income Household” shall mean a household having a total income
equal to or less than the Section 8 low income limit established by HUD.
Low and Moderate Income Person
The term “Low and Moderate Income Person” shall mean a member of a family having a total
income equal to or less than the U.S. Department of Housing and Urban Development (HUD)
established Section 8 low income limit. This limit has been set as 80% of Area Median Income.
Individuals not related by birth or by marriage will be considered as one-person families for this
purpose.
Participating Jurisdiction
The term given to any State or local government, that HUD has designated to administer a CDBG
Program. HUD designation as a PJ occurs if a State or local government meets the funding
thresholds, notifies HUD that it intends to participate in the program, and obtains approval by
HUD of a Consolidated Plan.
Personal Property
Property of any kind except real property. It may be tangible, having physical existence, or
intangible, having no physical existence, such as copyrights, patents, or securities.
Project
The term “Project” shall mean the objective established for the expenditure of CDBG funds as set
forth in Article III hereto entitled “Scope of Services and Timetable.”
Small Business
Means a business that meets the criteria set forth in Section 3 (a) of the Small Business Act, as
amended (15 U.S. C. 632), and “Minority and Women’s Business Enterprise” shall mean a
business at least fifty-one percent (51%) percent owned and controlled by minority group members
or women. For the purposes of this definition section, the following terms shall be defined as
follows: “minority group members” shall mean are African-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans and American Indians. The
Sub-recipient may rely on written representations by businesses regarding their status as Minority
and Women Business Enterprises.
Sub-recipient
A public agency or nonprofit organization selected by a participating jurisdiction to administer
all or a portion of the participating jurisdiction’s CDBG Program. A public agency or nonprofit
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 5
organization that receives CDBG funds solely as a developer or owner of housing is not a Sub-
recipient.
U.S.C.
United States Code, "the codification by subject matter of the general and permanent laws of the
United States,"
ARTICLE III
NOTICES
The Sub Recipient and Grantee agree that all notices required by this Agreement shall be in writing
and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by
facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective
on the date of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise
modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
If to City of Augusta: City of Augusta, Georgia
Attention: Hardie Davis, Jr.
Mayor
535 Telfair Street
Augusta, GA 30901
With copy to: City of Augusta, Georgia
Attention: Hawthorne E. Welcher, Jr., Director
Housing and Community Development
510 Fenwick Street
Augusta, GA 30901
If to Sub Recipient: Sue Parr, President/CEO, GCCE, IOM
One Tenth Street Suite 120
Augusta, Georgia 30901
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 6
ARTICLE IV
GENERAL CONDITIONS
A. General Compliance
Sub Recipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the Sub Recipient does not assume Grantee environmental responsibilities and
(2) the Sub Recipient does not assume Grantee’s responsibility for initiating the review process.
The Sub Recipient agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this contract. The Sub Recipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
B. Independent Sub Recipient
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The Sub
Recipient shall at all times remain an "independent Sub Recipient" with respect to the services
to be performed under this Agreement. Grantee shall be exempt from payment of any and all
possible unemployment benefits because Sub Recipient is an independent Sub Recipient.
C. Hold Harmless
To the fullest extent permitted by laws, statutes, rules and regulations, the Sub Recipient shall
indemnify and hold harmless the City, Officers, Directors, and Employees of each and any of
them from and against claims, costs, damages, losses, and expenses, including but not limited
to all fees and charges of engineers, architects, attorneys and other professionals and all court
costs, arising out of or resulting from performance of the work, but only to the extent caused in
whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the
Sub Recipient, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether or not
such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge or reduce other rights or obligations
of indemnity which would otherwise exist as to a party or person described in this Paragraph.
D. Insurance & Bonding
The Sub Recipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 7
Workers' Compensation Employer’s Liability with limits of:
$100,000 Each Accident
$500,000 Disease, Policy Limit
$100,000 Disease, Each Employee
The Sub Recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31
and 84.48, Bonding and Insurance.
The Sub-recipient shall carry sufficient insurance coverage to protect Contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash reimbursements/advances from
the Grantee.
The Sub-recipient shall, at all times that this Agreement is in effect, cause to be maintained in
force and effect an insurance policy(s) that will ensure and indemnify the Grantee against
liability or financial loss resulting from injuries occurring to persons or property or occurring
as a result of any negligent error, act, or omission of the Sub-recipient in performance of the
work during the term of this Agreement.
The Sub-recipient shall provide, at all times that this Agreement is in effect, Insurance with
limits of not less than:
I. Workmen’s Compensation Insurance – in accordance with the laws of the State
of Georgia.
II. Public Liability Insurance
III. Property Damage Insurance
IV. Valuable Papers Insurance – in an amount sufficient to assure the restoration of
any plans, drawings, field notes, or other similar data relating to the work covered
by the Project.
V. Professional Liability Insurance –
Grantee will be named as an additional insured with respect to Sub-recipient’s liabilities
hereunder in insurance coverage is identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the Grantee, and
shall be non-cancellable except on thirty-(30) days' written notice to the Grantee. Such policies
shall name the Grantee as co-insured, except for worker's compensation and professional
liability policies, and a copy of such policy or a certificate of insurance shall be filed with the
Director at the time of the execution of this Agreement.
E. Grantee Recognition
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 8
The Sub Recipient shall ensure recognition of the role of Grantee in providing services through
this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to funding source. In addition, the Sub Recipient will include a reference
to the support provided herein in all publications made possible with funds made available
under this Agreement.
F. Amendments
The Grantee or Sub Recipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by Grantee’s governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release Grantee or
Sub Recipient from its obligations under this Agreement.
The Grantee may, at its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated
only by written amendment signed by both Grantee and the Sub Recipient.
G. Performance
The Sub-recipient will be responsible for administering the Small Business Marketing
Academy Program in a manner satisfactorily to the Grantee, according to and consistent
with any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the Community Development Block Grant
Program:
I. SCOPE OF SERVICES
A. Activities
The Small Business Marketing Academy is an opportunity for small businesses
to learn, share and plan for a growing thriving business. Participants meet one
day a month for 6 months to learn from local industry experts, engage in round
table discussion for practical advice and best practices and develop their own
personal marketing plan.
Program Delivery
The Academy runs twice per year with classes beginning in January and July.
Classes are held on the last Wednesday of the month (excluding December).
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 9
General Administration
The Board of Directors manages the Sub-recipient; The Chief Executive Officer manages
the agency, finance, and programs; Volunteers support the agency and clients.
B. National Objectives
The Sub-recipient certifies that the activity/activities carried out under this Agreement will
meet the National Objective to benefit low and moderate-income persons
LOW MOD LIMITED CLIENTELE
Sub-recipient will meet the requirements provided for in the regulations by requiring
information on family size and income. This information will be used to ensure that clients
are low to moderate income.
C. LEVELS OF ACCOMPLISHMENT – Goals and Performance Measures
The Sub-recipient agrees to provide the following levels of program services:
PROPOSED PERFORMANCE GOAL PROPOSED PERFORMANCE MEASURE
16 Businesses Served 16 eligible small businesses will complete a
marketing plan that can be carried out in
accordance with the META program.
D. Performance Monitoring
The Sub-recipient agrees that the Department may carry out periodic monitoring
activities, as determined necessary by the Department. At a minimum, monitoring
shall occur annually, but it may occur more frequently if the Department deems it
necessary. The Department will provide the Sub-recipient advance written notice
prior to any monitoring activities. Such monitoring shall consist of (i) evaluating
the Sub-recipient’s compliance with the terms and conditions of this Agreement,
and (ii) comparing the Sub-recipient’s projected Project schedule, budget, and
output with its actual performance. Upon request, the Sub-recipient shall furnish
the Department, the Grantee, or its designee copies of such records and information,
as the Department or the Grantee deems necessary. In addition, the Sub-recipient
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 10
shall submit quarterly progress reports, as required by this Agreement, and shall
prepare other such reports as may be required by the Department, the Grantee,
and/or HUD.
The Grantee will monitor the performance of the Sub-recipient in accordance with
the goals and performance standards as stated above. Substandard performance as
determined by the Grantee will constitute noncompliance with this Agreement. If
Sub-recipient does not take corrective action to address such substandard
performance within a reasonable period of time after being notified by the Grantee,
Agreement suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Sub-recipient shall start on ________, 2020 and end _______, 2020. The
term of this Agreement and the provisions herein shall be extended to cover any additional
time period during which the Sub-recipient remains in control of CDBG funds or other
CDBG assets, including program income.
H. Method of Payment
The Grantee agrees to pay the Sub Recipient at the end of each Quarter based on the submission
and approval of the Sub Recipient's Quarterly Reimbursement Requests. Reimbursement
Requests will be processed within thirty (30) days of receipt of complete and accurate
submissions and upon verification of supporting documentation and Quarterly Reports.
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed Eight Thousand Two Hundred dollars and zero cents
($8,200.00). Drawdowns for the payment of eligible expenses shall be made against the line
item budgets specified in Paragraph I. below, and in accordance with performance. Expenses
for general administration shall also be paid against the line item budgets specified in Paragraph
I., and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
Sub-recipient is also responsible for submitting to the Grantee each of the following: (i)
Quarterly progress reports, (ii) time sheets (if applicable), (iii) mileage (if applicable), (iv)
invoices and any other documentation deemed necessary by the monitoring official during the
funding cycle. These records shall be retained up to five (5) years after the Agreement expires.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 11
I. Budget
PROGRAM EXPENDITURES - PERSONNEL
COSTS
TOTAL ______ CDBG REQUEST
Salaries
Taxes
Fringe Benefits
Total
PROGRAM EXPENDITURES – Overhead Cost TOTAL _______ CDBG REQUEST
Occupancy Costs (Rent / Utilities)
Communications (Telephone)
Postage
Office Supplies
Print and Publications
Membership Dues
Total
PROGRAM EXPENDITURES - OPERATING
COSTS
TOTAL ______ CDBG REQUEST
Direct Client Costs (training / fees / uniforms / etc.) $4,800.00
Professional Fees
Program Supplies
Program Equipment
Employee Training
Employee Travel
Total $ 4,800.00
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 12
Any amendments to the budget must be in writing and approved, in writing, by the Grantee’s
Director of Housing and Community Development Department and the Augusta, Georgia
Commission.
J. Suspension or Termination
The Grantee may terminate this Agreement at any time by giving written notice to the
Sub Recipient of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of termination. The Sub Recipient shall be
entitled to receive just and equitable compensation for any satisfactory services
performed prior to the date of termination.
The Sub Recipient may terminate this Agreement at any time by giving written notice to the
County of such termination and specifying the effective date thereof, at least thirty (30) days
before the effective date of termination. The Sub Recipient shall be entitled to receive just and
equitable compensation for any satisfactory services performed prior to the date of termination
ARTICLE V
PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
a) The Sub Recipient agrees to comply with Title VI of the Civil Rights Act
of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375,
11478,12107 and 12086.
b) In compliance with Executive Order 11246 and Section 3 of the 1968
Housing and Urban Development Act regarding Equal Employment
Opportunity, the Sub Recipient agrees and understands that no person
shall be discriminated against on the grounds of race, color, national
origin, age, familial status, handicap or sex. Further assurance is also
given that the Sub Recipient will immediately take any measures
necessary to effectuate this policy. Notice of the policy will be placed in
plain sight at the Project location, for the benefit of interested parties, and
all Sub Recipients will be notified of the policy provisions.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 13
2. Nondiscrimination
The Sub Recipient agrees to comply with the non-discrimination in employment
and contracting opportunities laws, regulations, and executive orders referenced in
24 CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the Housing and Community
Development Act of 1974 (HCDA) are still applicable.
3. Section 504
The Sub Recipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the individuals with disabilities or handicaps
in any Federally assisted program. The Grantee shall provide the Sub Recipient
with any guidelines necessary for compliance with that portion of the regulations
in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Sub Recipient agrees that it shall be committed to carry out pursuant to the
Grantee’s specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24, 1966.
The Grantee shall provide Affirmative Action guidelines to the Sub Recipient to
assist in the formulation of such program. The Sub Recipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Sub Recipient will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable
opportunity to participate in the performance of this contract. As used in this
contract, the terms "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and
"minority and women's business enterprise" means a business at least fifty-one (51)
percent owned and controlled by minority group members or women. For the
purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-
Americans, and American Indians. The Sub Recipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 14
3. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Sub Recipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Grantee; state that it is an Equal Opportunity or Affirmative
Action employer.
4. Conflict of Interest
The Sub Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611,
which include (but are not limited to) the following:
a) The Sub Recipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
b) No employee, officer or agent of the Sub Recipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c) No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBG-assisted activity, or with respect
to the proceeds from the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee,
the Sub-Recipient, or any designated public agency.
5. Lobbying
The Sub Recipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 15
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
c) It will require that the language of paragraph (6) of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all Sub-Recipients shall certify and
disclose accordingly.
6. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S.C. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
7. Copyright
If this contract results in any copyrightable material or inventions, the Grantee
and/or grantor agency reserves the right to royalty-free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize others
to use, the work or materials for governmental purposes.
8. Religious Activities
The Sub Recipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as
worship, religious instruction, or proselytization.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 16
ARTICLE VI
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
ARTICLE VII
SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
ARTICLE VIII
WAIVER
The Grantee’s failure to act with respect to a breach by the Sub Recipient does not waive
its right to act with respect to subsequent or similar breaches. The failure of Grantee to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
ARTICLE IX
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between Grantee and the Sub Recipient
for the use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between Grantee and the Sub
Recipient with respect to this Agreement.
ARTICLE X
CHOICE OF LAW AND VENUE
This agreement shall be governed by the laws of the State of Georgia, and the parties hereby
consent that venue for any dispute arising under this agreement shall be in any court of competent
jurisdiction in City of Augusta.
SIGNATURE PAGE
IN WITNESS WHEREOF, all parties with the express consent of their governing board
and/or Commission have made and executed this Agreement on the respective dates under each
signature.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 17
(SIGNATURES ON FOLLOWING PAGE)
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 18
ARTICLE XVII: COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together
shall constitute one and the same Agreement with one counterpart being delivered to each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above.
ATTEST: AUGUSTA, GEORGIA
(Grantee)
By: _____________________________ Date: __________________________
Hardie Davis, Jr.
As Its Mayor
By: ______________________________ Date: __________________________
Jarvis Sims
As Its Interim Administrator
By: ______________________________ Date: ___________________________
Hawthorne Welcher, Jr., Director
Housing & Community Development Department
Approved As To Form By: ______________________________ Date: __________________________
Augusta, GA Law Department
S E A L
_________________________________
Lena J. Bonner
Clerk of Commission
ATTEST: Augusta Metro Chamber of Commerce
SUB RECIPIENT
By: ___________________________________ Date: __________________________
By: ____________________________________ Date: __________________________
By:____________________________________ Date:__________________________
Witness
SEAL
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 19
EXHIBIT “A”
SUB-RECIPIENT ACKNOWLEDGEMENT
“Sub-recipient acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Sub-
recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Sub-recipient's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other
similar document, including the possibility that the Sub-recipient may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Sub-recipient agrees
that if it provides goods or services to Augusta, Georgia under a contract that has not received
proper legislative authorization or if the Sub-recipient provides goods or services to Augusta,
Georgia in excess of the contractually authorized goods or services, as required by Augusta,
Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods
or services provided by Sub-recipient. Sub-recipient assumes all risk of non-payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to
payment or to other remedies for the provision of any unauthorized goods or services to Augusta,
Georgia, however characterized, including, without limitation, all remedies at law or equity." This
acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and
services, except revenue producing contracts
EXHIBIT “B”
E-VERIFY
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-Verify number and
must be in compliance with the electronic verification of work authorized programs operated by
the United States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information of
newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA),
P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A.
§ 13-10-91 and shall continue to use the federal authorization program throughout the contract
term. All contractors shall further agree that, should it employ or contract with any
subcontractor(s) in connection with the physical performance of services pursuant to its contract
with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s
E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the
subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and provide a copy of each
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 20
such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such
physical services
EXHIBIT "C"
PROGRAM REQUIREMENTS
Sub-recipient shall operate this project funded through the Augusta Georgia's Community
Development Block Grant Program according to the following guidelines:
1. At a minimum, Accounting and related records of Sub-recipient shall be comprised of the
following:
a. Voucher System - All supporting documentation, including, but not limited to,
purchase order, invoices, receiving reports, and requisitions.
b. Books of Original Entry - Cash receipts, disbursements journal, and general
ledger.
c. Chart of Accounts - Listing of accounts must be maintained in an accounting
system.
d. Personnel Records - Separate personnel files shall be maintained for each project
employee. At a minimum, the file shall contain the following: (i) a resume of the
employee, (ii) a description of duties assigned, (iii) a record of the date employed,
(iv) rate of pay at the time of employment, (v) subsequent pay adjustments, and (vi)
documentation supporting leave taken by the employee.
e. Attendance Record - Attendance records shall be maintained for all personnel paid
with CDBG funds. This shall apply to part-time and full-time personnel. In
addition to accounting for daily attendance, the type of leave taken (i.e. annual,
sick, or other), shall be disclosed and documented. Daily attendance records must
support budgetary changes for payroll purposes.
f. Payroll Records - Formal payroll records supporting cash disbursements to
employees shall be maintained. Such records shall disclose the following
information for each employee: (i) name, (ii) job title, (iii) social security number,
(iv) date hired, (v) rate of pay, and (vi) all required deductions for tax purposes.
Timely quarterly payment of taxes, which are withheld from employees for the
Federal Government, and required matching costs, shall be documented in payroll
records. In addition, all charges for payroll purposes shall be made and documented
in accordance with the budget submitted to the Grantee.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 21
g. Checking Accounts - Monthly bank reconciliation shall be conducted by Sub-
recipient. All checks, including voided checks, stubs, etc. shall be prenumbered and
accounted for, including voided checks. Check stubs, cancelled checks, and deposit
slips must be readily available for audit purposes.
h. Petty Cash - Sub-recipient is encouraged to use an imprest or cash advance system
and adhere to a monthly, or if necessary, more frequent reimbursement procedure
if any CDBG funds are used as petty cash.
i. Purchasing Practices - HUD considers State-purchasing regulations to be an
acceptable standard for purchasing practices. Local purchasing practices and other
procedures shall prevail unless State and/or Federal practices and procedures are
more stringent. Therefore, Sub-recipient is obligated to conform to the more
restrictive practices and procedures. It is recommended that Sub-recipient use a
formal prenumbered purchase order system where possible and applicable.
j. Inventories - Sub-recipient is advised to maintain adequate safeguards against loss
by theft or physical deterioration of any inventories of office supplies, equipment,
or other items purchased with CDBG funds.
k. Property Records - Sub-recipient is required to maintain formal subsidiary records
to control all project property and equipment. Such records shall disclose the
acquisition and subsequent disposition of all property. An annual inventory should
be conducted, and the books shall reflect the actual value of property held at the
end of the fiscal year.
2. All project accounting records and supporting documents shall be maintained for a period
of at least five (5) years after termination of the Grantee's award. The records shall be
made available to the Grantee, HUD and/or any of their authorized representatives.
3. Sub-recipient should maintain records in an orderly manner, with systematic identification
for different federal time periods. Records must be protected from fire or other perils. If
records are stored in a location other than the project site, they shall be readily accessible
to the Grantee's staff, HUD officials, and others who may be authorized to examine such
records.
2019 CDBG AGREEMENT (Augusta Metro Chamber of Commerce) Page 22
ATTACHMENTS:
Regulations, Circulars & Local Procurement Policy
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations”
3. OMB Circular A-110 (Part 84) – Uniform Administrative Requirements
“Grants and Agreements with Institutions of Higher Education, Hospitals, &
Other Non-Profit Organizations”
4. OMB Circular A-133, “Audits of Institutions of Higher Education and Other Non-
Profit Institutions”
5. The Augusta, Georgia Procurement Code is available on the Augusta, Georgia
website, www.augustaga.gov. All Sub-recipients shall be responsible for
reviewing and/or obtaining a copy of such Code. Sub-recipients should contact the
Augusta, Georgia Housing and Community Development Department with any
questions and/or concerns regarding the Procurement Code.
6. Executive Orders
Forms
1. Reimbursement Request, Checklist & Itemization
2. Income Calculator – HUDExchange.info
3. Monthly Progress Report “Exhibit E”
4. Annual Performance Report “Exhibit F”
5. Income Eligibility Calculation Worksheet
6. FY 2019 Income Limits
7. Time Sheet (Use if applicable)
8. Bid Tabulation (Use if applicable)
9. Quote Tabulation (Use if applicable)
10. Travel Log (Use if applicable)
11. Inventory Form (Use if applicable)
Title
HCD _ MOU_ Micro-Enterprise Technical Assistance Program Request
Agenda Category
Administrative Services Committee
Agenda Type
Administrative Services Committee Meeting
Create Date: 25 August 2020
Department
HCD
Presenter
Mr. Hawthorne E. Welcher, Jr., HCD Director and/or HCD Staff
Caption
Motion to approve HCD’s MOU with the Greater Augusta Black Chamber of Commerce (GABCC) in support
of the Micro-Enterprise Technical Assistance Economic Development Program. The MOU provides
assistance for new entrepreneurs through the Micro-Enterprise Technical Assistance and training.
Background
Housing and Community Development (HCD) has established, as part of HCD’s full Economic Development
Program, a Micro-Enterprise Technical Assistance for Small Business Program. The program is designed to
stimulate economic growth and create or expand locally owned and operated businesses that will improve
the economic conditions of residents in the local community. This program is funded through entitlement
allocation dollars from the United States Department of Housing and Urban Development (HUD) under the
Community Development Block Grant (CDBG). HCD’s Program is designed to operate in compliance with the
regulations as described at 24 CFR 570.201(o).
Eligible participants, referred to in the program rules as a microenterprise, constitute a commercial
enterprise (i.e. business), that has five or fewer employees, one of whom owns the enterprise. For the
purposes of this program, eligible businesses must be located in Augusta-Richmond County and employ low-
to-moderate income-eligible employees within their business. This program will provide technical assistance
and training services to better utilize them to benefit existing and startup local businesses. The Greater
Augusta Black Chamber of Commerce (GABCC) will keep HCD apprised of services and programs offered. In
addition, GABCC will provide committee and involvement opportunities and provide speaking platforms for
HCD to educate and create awareness of programs and services. GABCC will also support and market HCD
programs and services among GABCC membership and will continue to collaborate with the City of Augusta
under all partnerships established under Greater Augusta Black Chamber of Commerce’s umbrella, with no
impact of this agreement upon other operations with HCD or other City of Augusta Departments or
representatives. This program will also be useful for small, start-up businesses as the loan or grant terms are
flexible and can be tailored to the needs of the business, which can be identified and addressed through the
technical assistance and training phase of the program.
Analysis
The approval of HCD’s MOU with the Greater Augusta Black Chamber of Commerce in support of HCD’s
Micro-Enterprise Technical Assistance Economic Development Program will provide no-cost training space
for the program to utilize to increase capacity and opportunity for economic growth through the creation or
expansion of locally owned and operated businesses.
Summary Financial
HCD’s MOU with Greater Augusta Black Chamber of Commerce in support of HCD’s Micro-Enterprise
Technical Assistance Economic Development Program will provide training space to HCD at no cost. HCD’s
Program is designed to operate in compliance with the regulations as described at 24 CFR 570.201(o).
Alternatives
Do not approve HCD’s MOU with Greater Augusta Black Chamber of Commerce in support of the Micro-
Enterprise Technical Assistance Economic Development Program.
Recommendation
Motion to approve HCD’s MOU with the Greater Augusta Black Chamber of Commerce (GABCC) in support
of the Micro-Enterprise Technical Assistance Economic Development Program. The MOU provides assistance
for new entrepreneurs through the Micro-Enterprise Technical Assistance and training.
Funds
Community Development Block Grant (CDBG) Funds (MOU carries no inherent costs).
Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_ Substantial Amendment Request – HUD CARES Act Funding Authorization
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) Substantial Amendment Request for the
allocation of $3,583,023.00 in CARES Act funds for CDBG,
ESG and HOPWA. (Requested by Commissioner Sammie
Sias)
Background:Each year the Augusta, Georgia receives Community
Development Block Grant (CDBG), Emergency Solutions Grant
(ESG), HOME Investment Partnerships (HOME) and Housing
Opportunities for Persons with AIDS (HOPWA) funds from the
U.S. Department of Housing & Urban Development
(HUD). These funds are used to fund agencies and projects to
assist low-income persons and revitalize low-income
neighborhoods. The Housing and Community Development
(HCD) Department annually solicits for proposals from agencies
and develops CDBG, ESG, HOME and HOPWA budgets which
are incorporated into the City’s Annual Action Plan.
Additionally, with the introduction of the Coronavirus Aid,
Relief, and Economic Security Act (“the CARES Act”) in
response to the novel coronavirus, referred to as Covid-19, and
the resulting economic downturn, Augusta, Georgia has been
allocated additional funds from the U.S. Department of Housing
and Urban Development (HUD). These funds, designed to assist
Augusta’s capacity to “prepare for, respond to and recover from”
the economic conditions related to the Covid-19 pandemic,
provide additional resources to Augusta, Georgia under the
Community Development Block Grant (CDBG), Emergency
Solutions Grant (HESG) and Housing Opportunities for Persons
with AIDS (HOPWA) Entitlement grant programs. Due the
unforeseen and unprecedented demand that administering these
funds will place on existing HCD staff, HCD is requesting to
utilize the Administrative portions of the following grants to
cover the staffing costs (CDBG-5.7%, ESG-10%, HOPWA
6%). City of Augusta CARES Act HUD Allocations -
Cover Memo
$3,583,023.00: 1. CDBG-CV19 - $1,061,133.00: Funds will
be used for the Commission Approved CV-19 Small Business
Relief Program and 5.7% for Administrative costs. 2. ESG-
CV19 - $2,370,890.00: Funds will be used to provide homeless
assistance services to persons experiencing or at-risk of
homelessness in the local community and 10% for
Administrative costs. 3. HOPWA-CV19 -
$151,000.00: Funds will be used to provide housing and
supportive services to individuals and families in households
with HIV+ household members and 6% for Administrative
costs. According to the City of Augusta’s Citizen Participation
Plan, these changes constitute a substantial change to the
aforementioned Action Plans. Therefore, the revisions must be
presented to the public for a 30-day comment period. If
comments are received, they will be presented to the
Commission for consideration. We are requesting authorization
to proceed with the publication of a public notice in the local
newspaper to solicit comments on the changes. The Public
Notice, as required by HUD, will be published in the Augusta
Chronicle August 25, 2020. The deadline for comments will be
August 31, 2020. Any comments received will be presented to
the he full Commission when this item is presented for
consideration.
Analysis:The additional funds from the allocation of CARES Act grants
will assist Augusta, Georgia in responding to and recovering
from the Covid-19 pandemic and the related economic crisis
through the programming under the CDBG, ESG and HOPWA
programs.
Financial Impact:The enactment of CARES Act funds has provided direct
allocation of $3,583,023.00 in CARES Act funds for CDBG,
ESG and HOPWA for Augusta, Georgia to utilize in response to
and recovery from the Covid-19 public health emergency and
resulting economic crisis. To ensure utilization of these funds for
the full term of the grant agreements for each program, HCD is
requesting that these fund balances remain available in HCD’s
budget for the 5-Year period of the grants.
Alternatives:Do not approve HCD's Substantial Amendment request.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) Substantial Amendment Request for the
allocation of $3,583,023.00 in CARES Act funds for CDBG,
ESG and HOPWA.
Funds are
Available in the
CARES Act funds for Housing and Urban Development (HUD)
Entitlement grants: Community Development Block Grant Cover Memo
Following
Accounts:
(CDBG); Housing Opportunities for Persons with AIDS
(HOPWA) and Emergency Solutions Grant (ESG).
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_Affordable Housing Request
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) request to HOME funding to Sand Hills
Urban Development to develop one (1) single-family unit for a
low-to-moderate income family.
Background:Housing and Community Development and Sand Hills Urban
Development has been working together to promote affordable
housing through partnership where SHUD has already
constructed several single- family units in South Augusta and in
the Sand Hills area. Sand Hills is requesting that HCD assist in
furthering affordable housing through continual partnership of
providing HOME funds for the construction of one additional
unit. SHUD has acquired Capital Rise as a development partner
that brings 50% of construction to all development deals.
SHUD is requesting: 2525 Dover Street , Augusta, GA 30909:
Total Construction Cost: $196,120.00. Total Request:
$98,060.00 The funding request is to assist with the
cost associated with the construction of a single-family unit.
Analysis:The approval of funding will allow SHUD to construct one (1)
single-family unit to be sold to an eligible low-income
homebuyer.
Financial Impact:HCD will utilize Home Investment Partnership (HOME)
funding received through its annual allocation from the U.S.
Department of Housing and Urban Development (HUD) in the
amount of $ 98,060.00 to assist in construction cost of a single-
family unit.
Alternatives:Do not approve the funding to Sand Hills Urban Development.
Recommendation:
Cover Memo
Motion to approve Housing and Community Development
Department’s (HCD's) request to HOME funding to Sand Hills
Urban Development to develop one (1) single-family unit for a
low-to-moderate income family.
Funds are
Available in the
Following
Accounts:
Housing and Urban Development (HUD) Funds: Home
Investment Partnership Program (HOME) funds:
221073212/5225110
REVIEWED AND APPROVED BY:
Cover Memo
Augusta Housing and Community Development Department Page 1
CONTRACT
Between
AUGUSTA, GEORGIA
And
SAND HILLS URBAN DEVELOPMENT, INC.
In the amount of
$ 98,060.00
Ninety-Eight Thousand Sixty Dollars & 00/100
For Fiscal Year 2018
Providing Funding From
HOME INVESTMENT PARTNERSHIPS PROGRAM
“2525 Dover Street – Single Family ”
THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______,
2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State
of Georgia, acting through the Housing and Community Development Department (hereinafter
referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta,
Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban
Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia
(hereinafter called “Sand Hills”) as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development
(hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received
HOME Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds
from HUD for the purpose of providing and retaining affordable housing for eligible families; as
defined by HUD; and
WHEREAS, Sand Hills will be involved in HOME eligible activities; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and
increase the supply of affordable housing for HOME Program eligible low and moderate income
Augusta Housing and Community Development Department Page 2
families through eligible uses of its HOME Program grant funds, as described in the Augusta-
Richmond County Consolidated Plan 2016-2020; and the Year 2019 Annual Action Plan; and
WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the
administration of HOME eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be an eligible HOME activity according to 24
CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in
Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development
Regulations.
WHEREAS, Sand Hills has been selected and approved to partner with Capital Rise
Construction as development partners to assist in the development of the Dover/Miles
Community.
WHEREAS, Sand Hills has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, Sand Hills has requested and Augusta has approved a total of $98,060.00 in
loan/grant funds to perform eligible activities as described in Article I below;
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do
here and now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
a. Project Description
Sand Hills agrees to utilize approved HOME funds to support project related costs
associated with 2525 Dover Street, a single family housing unit. This project is the
construction of an affordable housing effort which involves development and
construction of a new single family unit within the Dover/Miles Community. Under
this agreement:
i. Perform new construction services for a single family unit.
Augusta Housing and Community Development Department Page 3
ii. Perform all required and requested marketing and advertising activities;
in accordance with “Fair Housing” regulations
iii. All projects are to posses the following components:
1. Evidence of additional financing resources “Leveraging”
2. Evidence of Site Control
3. At the time of sales, evidence that a qualified homebuyer has been
identified, received and completed a comprehensive home buying
education course(s) and pre-purchase housing counseling program;
prior to the completion of the assigned home.
B. Use of Funds
HOME Program funds shall be used by Sand Hills for the purposes and objectives stated
in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME
funds for any other purpose(s) is not permitted. The following summarizes the proposed
uses of funds under this agreement:
a. Construction Costs
An amount not to exceed $ 98,060.00 in a loan/grant shall be expended by Sand Hills
from year 2017 HOME Program funds for construction costs related to the development
of an affordable single family unit in the Pinnacle Place Community. The design and
specifications must be approved by AHCD prior to construction (Exhibit A). Funds will
be used to assist with the cost of all construction related fees. This unit will be
constructed by Sand Hills and made available for purchase by HOME Program eligible
low and moderate income homebuyers.
The address for this project is:
i. 2525 Dover Street, Augusta, Georgia 30906
Initial: ________
C. Program Location and Specific Goals to be Achieved
Sand Hills Urban Development shall conduct project development activities and related
services in its project area (also known as the Pinnacle Place Community) that
incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones
Augusta Housing and Community Development Department Page 4
Expressway on the South and Peach Orchard Road on the East and its designated
geographic boundaries approved by AHCD
D. Project Eligibility Determination
It has been determined that the use of HOME Program funds by Sand Hills will be in
compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract,
SHUD shall provide activities and services as described in the description of the project,
including use of funds, its goals and objectives, tasks to be performed and a detailed
schedule for completing the tasks for this project as provided in Exhibit A of this
contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
Sand Hills will be compensated in accordance with this Article II, Budget and Method of
Payment, that specifically identifies the use of HOME funds and any other project funding as
represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with
implementation oversight provided by AHCD. Sand Hills agrees to perform the required
services under the general coordination of AHCD. In addition, and upon approval by Augusta,
Sand Hills Urban Development, Inc., may engage the services of outside professional services,
consultants, and contractors to help carry out the program and project.
A. Funds
Augusta shall designate and make HOME Program funds available in the following
manner: $98,060.00 loan/grant under this agreement for project expenses incurred as
outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all
terms and conditions of this agreement and the procedures for documenting expenses
and activities as set forth in ARTICLE V.
a. The method of payment shall be on a reimbursement basis. The
Reimbursement Form can found in Appendix B. For invoicing, Sand Hills
will include documentation showing proof of payment in the form of a
cancelled check attached with its respective invoice and completed
reimbursement form that includes amount requested, amount remaining and
Augusta Housing and Community Development Department Page 5
specific line item names that relate to the contract budget found in Appendix
A.
b. AHCD will monitor the progress of the project and Sand Hills performance on
a weekly basis with regards to the production and overall effectiveness of the
project.
c. Upon the termination of this agreement, any unused or residual funds
remaining shall revert to Augusta and shall be due and payable on such date of
the termination and shall be paid no later than thirty (30) days thereafter.
d. Funds may not be transferred from line item to line item in the project budget
without prior written approval of Augusta thru AHCD.
e. The use of funds described in this agreement is subject to the written approval
of the U. S. Department of Housing and Urban Development.
f. This Agreement is based upon the availability of HOME Program funds.
Initial: ________
B. Project Financing
AHCD will fund a fifty percent (50%) of the total construction costs of a single
project. The project financing breakdown is as follows:
a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be
repaid at the time of closing. Payment shall be paid to HCD no later than two
weeks after closing date.
b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost
(whichever is less) at closing.
c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is
less) at closing to be used as developer’s fee (16% max) & programmable funds
as part of a future HOME project.
d. SHUD agrees to bring 50% of total construction cost of unit through the
partnership of Capital Rise Construction. (See funding commitment letter)
e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the
construction phase of this project with Capital Rise Construction funding
completing the unit.
Augusta Housing and Community Development Department Page 6
Initial: ________
C. Timetable for Completion of Project Activities
Sand Hills shall obligate the designated HOME Program funds within six months of
the date of execution of this Agreement. Based on the budget outlined in D below,
Sand Hills will provide a detailed outline of critical project milestones and projected
expenditures during the course of the development project as Exhibit B. These
documents will become an official part of the contractual agreement and provide the
basis for overall project performance measurements.
a. Liquidated Damages
i. Sand Hills shall complete this project no later than 150 Days from the
effective date of the Notice To Proceed. unless otherwise approved by
Director of AHCD. The penalty for non-completion is $200 a day for
every day over the stated deadline.
Initial: ________
D. Project Budget: Limitations
Sand Hills shall be paid a total consideration of $ 98,060.00 for full performance of
the services specified under this Agreement. Any cost above this amount shall be the
sole responsibility of Sand Hills. It is also understood by both parties to this contract
that the funding provided under this contract for this specific project shall be the only
funds provided by Augusta- unless otherwise agreed to by Augusta and Sand Hills
Urban Development.
Sand Hills shall adhere to the following budget in the performance of this contract:
Construction $ 98,060.00
Total Project Activity Cost $ 98,060.00
Initial: ________
Augusta Housing and Community Development Department Page 7
ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME
Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR
92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture
restrictions with regard to its HOME-funded homebuyer program. Each property sold to a
homebuyer will remain affordable for the duration of the affordability period or Augusta will use
the recapture option.
If the eligible homebuyer (who received down payment assistance [HOME Program] or other
development subsidy funds from Augusta) sells their property, then AHCDD shall capture the
HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other
affordable housing in Augusta for low and moderate-income persons. This shall be accomplished
through deed restrictions, property liens, and contractual obligations, as described in Article I.B
of this Agreement.
ARTICLE IV. TERM OF CONTRACT
The term of this Agreement shall commence on the date when this agreement is executed by
Augusta and Sand Hills Urban Development (whichever date is later) and shall end at the
completion of all program activities, within the time specified in Article I. D, or in accordance
with Article VII: Suspension and Termination.
ARTICLE V: DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance
funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand
Hills unless otherwise requested by Sand Hills Urban Development.
B. Sand Hills shall maintain a separate account and accounting process for HOME funding
sources.
C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in
this Agreement.
D. Sand Hills will utilize program income from this project to fund future HOME project.
Augusta Housing and Community Development Department Page 8
E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees
to reimburse all budgeted costs allowable under federal, state, and local guidelines.
F. All purchases of capital equipment, goods and services shall comply with the
procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements
for Grant Agreements with Institutions of Higher Education, Hospitals and other Non-
Profit Organizations” as well as the procurement policy of Augusta.
G. Requests by Sand Hills for payment shall be accompanied by proper documentation and
shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than
their (30) calendar days after the last date covered by the request. For purposes of this
section, proper documentation includes: “Reimbursement Request Form” supplied by
HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and
description of specific activities undertaken. Invoices shall not be honored if received by
AHCDD later than sixty (60) calendar days after expiration date of Agreement. The
reimbursement request form is in Appendix B.
H. Sand Hills shall maintain an adequate financial system and internal fiscal controls
I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent
mortgage has been determined.
J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may
consider the reallocation of unexpended funds to eligible projects proposed by Sand
Hills.
Initial: ________
ARTICLE VI. REPAYMENT/PROGRAM INCOME
A. Augusta will be responsible for monitoring the reuse of the proceeds.
B. Any real property under Sand Hills control that was acquired or improved in whole or in
part with HOME funds in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five
years after the expiration of this Agreement; or
b. Be disposed of in a manner that results in Augusta being reimbursed in the
amount of the current fair market value of the property, less any portion of the
Augusta Housing and Community Development Department Page 9
value attributable to expenditures of non-HOME funds for acquisition of, or
improvement to, the property.
C. Any HOME funds invested in housing that does not meet the affordability requirements
for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand
Hills.
D. Any HOME funds invested in a project that is terminated before completion, either
voluntarily or otherwise, must be repaid by Sand Hills.
E. If Sand Hills is found to be in non-compliance with the HOME Program laws and
regulations as described in 24 CFR Part 92, the organization will be required to reimburse
Augusta for the funding associated with the noncompliance issues.
ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program
laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F
(Project Requirements), and Subpart H (Other Federal Requirements). These compliance
activities include, but are not limited to:
a. Maximum acquisition prices [24 CFR 92.205A.2]
b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)]
c. Combined affordability of assisted units
d. Income eligibility of assisted unites
e. Inspection of the homebuyer units to comply with HUD required Property Standards
f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353]
g. Environmental Review
h. Lead-based Paint Abatement
i. Property Value [Section 203(b) Limits]
To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills
shall maintain records that document all clients served with HOME funds. In addition, Sand Hills
shall document each client’s race, family size, annual household income, and whether or not the
family is female-headed. Augusta shall supply “Income Verification” forms which, when
Augusta Housing and Community Development Department Page 10
completed by those clients served by Sand Hills, shall provide the information and verification
described above.
Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s
request. Augusta shall supply Sand Hills with the following report forms and require the same to
be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly
Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix
B below.
Sand Hills shall maintain books and records in accordance with generally accepted accounting
principles. Documents shall be maintained in accordance with practices that sufficiently and
properly reflect all expenditure of funds provided by Augusta under this Agreement.
Sand Hills shall make all records for this project available to Augusta, the U.S. Department of
Housing and Urban Development, the Comptroller General of the United States, or any of their
duly authorized representatives for the purpose of making audits, examinations, excerpts and
transcriptions.
In compliance with OMB Circular A-110 regarding retention and custodial requirements for
records, Sand Hills shall maintain financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of three years, with the following
qualifications:
a. If any litigation, claim or audit is started before the expiration of the 3-year
period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
b. Records for non-spendable personal property acquired with HOME grant
funds shall be retained for three years after its final disposition. Non-
expendable personal property means tangible personal property having a
useful life of more than one year and an acquisition cost of $300 or more per
unit.
In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and
organization – wide audited financial statement consisting of a balance sheet, income statement
Augusta Housing and Community Development Department Page 11
and a statement of changes in its financial position. All documents shall be prepared by certified
public accountant. Such financial disclosure information shall be filed with Augusta within one
hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is
responsible for any cost associated with the audit. Failure to comply may result in the
reallocation of funding and termination of the contract. Sand Hills shall supply, up on request,
documentation maintained in accordance with practices which sufficiently and properly reflect
all expenditures of funds provided by Augusta under this Agreement.
Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be
provided under the agreement may be a public record subject to Georgia’s Open Records Act
(O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request
be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings
Law and the following compliance measures will be taken:
a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called
meetings except emergency meetings;
b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it
will keep a written agenda, minutes, attendance, and voting record for each meeting
and make the same available for inspections by the press, the public and the Grantee,
subject to the provision of the Open Meetings Law.
c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board
meetings, except for such portions of the meeting as may be closed pursuant to the
Open Meetings Law.
d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of
Director’s meetings. Publications and minutes of each meeting shall be submitted to
Grantee within 30 days after each meeting.
ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS
Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36,
570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate.
Augusta Housing and Community Development Department Page 12
This conflict of interest provisions applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of Sand Hills. No person described above who
exercises, may exercise or has exercised any functions or responsibilities with responsibilities
with respect to the HOME activities supported under this contract; or who are in a position to
participate in a decision-making process or gain inside information with regard to such activities,
may obtain any financial interest or benefit from the activities. Or have a financial interest in any
contract, sub-contract, or agreement with respect to the contract activities either for themselves
or those whom they have business or family ties, during their tenure or for one year thereafter.
For the purpose of this provision, “family ties”, as defined in the above cited volume and
provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother,
Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-
law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the
subject matter of this Agreement. Sand Hills in the persons of Directors, Officers, Employees,
Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign
and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this
Agreement)
Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost
Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform
Administrative Requirements.”
Augusta may, from time to time, request changes to the scope of this agreement and obligations
to be performed hereunder by Sand Hills. In such instances, Sand Hills shall consult with
AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All
such changes shall be made via written amendments to this Agreement and shall be approved by
the governing bodies of both Augusta and Sand Hills.
Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix D and are attached and included as part of parcel to this Agreement.
Initial: ________
Augusta Housing and Community Development Department Page 13
ARTICLE IX. OTHER REQUIREMENTS
A. Sand Hills agrees that it will conduct and administer HOME Program activities in
conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with
Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One
suggested activity is to use the fair housing symbol and language in Sand Hills’
publications and/or advertisements. (24 CFR 570.601).
B. Sand Hills agrees that the ownership in the housing assisted units must meet the
definition of “homeownership” in §92.2.
C. Sand Hills agrees to comply with 24 CFR Part I, which provides that no person shall be
excluded from participation in this project on the grounds of race, color, national origin,
or sex; or be subject to discrimination under any program or activity funded in whole or
in part with federal funds made available pursuant to the Act.
D. Sand Hills agrees that in instances in which there is construction work over $2,000
financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP
funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C
276), as amended, which requires all laborers and mechanics working on the project to be
paid not less than prevailing wage-rates as determined by the Secretary of Labor. By
reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of
residential property only if such property contains eight or more units. (24 CFR 570.603).
E. No person employed in the work covered by this contract shall be discharged or in any
way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable hereunder to his or her
employer.
F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969
and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA
Act and regulations, and that no activities will be undertaken until notified by
Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to
beginning any project development activity, an environmental review must be conducted
by the Augusta-Richmond County Planning Department. (24 CFR 570.604)
Augusta Housing and Community Development Department Page 14
G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B
agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be
expended for acquisition or construction in an area identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards (representing the 100-year
floodplain). Exceptions will be made if the community is participating in the National
Flood Insurance Program or less than a year has passed since FEMA notification and
flood insurance has been obtained in accordance with section 102(a) of the Flood
Disaster Protection Act of 1973.
H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a
result of HOME assisted activities. Any such activities with HOME funds, and/or NSP
funds will be conducted in accordance with the Uniform Relocation Assistance and Real
property Acquisition Policies Act of 1970 (URA) and the Housing and Community
Development Act of 1974 (24 CFR 570.606).
I. Sand Hills agrees to comply with Executive Order 11246 and 12086 and the regulations
issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin. Sand Hills will in all
solicitations or advertisements for employees placed by or on behalf of Sand Hills state
that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, national origin or familial status.
J. Sand Hills will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. Sand Hills will
take appropriate action to ensure that applicants are employed, and that employees are
treated fairly during employment, without regard to their race, color, religion, sex,
national origin, or social status.
K. Sand Hills agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Augusta setting forth the provisions of this
nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order
in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-
019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER
IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with
Augusta Housing and Community Development Department Page 15
any federally mandated requirements as to minority and women owned- business
enterprises.
L. Sand Hills agrees the low and moderate income persons residing within Augusta-
Richmond County and that contract for work in connection with the project be awarded
to eligible businesses which are located in or owned in substantial part by persons
residing in Augusta-Richmond County. (24 CFR 570.697)
M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the
CDBG Regulations, Sand Hills agrees to comply with the Lead Based Paint Poisoning
Prevention Act pursuant to prohibition against the use of lead based paint in residential
structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification
of the hazards of lead based paint poisoning and the elimination of lead based paint
hazards.
N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect
use of any contractor during any period of debarment, suspension or placement in
ineligible status. No contract will be executed until such time that the debarred,
suspended, or ineligible contractor has been approved and reinstated by AHCD.
O. In accordance with 24 CFR part 24, subpart F, Sand Hills agrees to administer a policy to
provide a drug-free workplace that is free from illegal use, possession, or distribution of
drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
P. Any publicity generated by Sand Hills for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the
contribution of Augusta-Richmond County in making the project possible. The words
“Augusta-Richmond County Department of Housing and Community Development “
will be explicitly stated in any and all pieces of publicity; including but not limited to
flyers, press releases, posters, brochures, public service announcements, interviews, and
newspaper articles.
Q. In accordance with 24 CFR 85.43, if Sand Hills fails to expend its grant funds in a timely
manner, such failure shall constitute a material failure to comply with this Agreement and
invoke the suspension and termination provisions of ARTICLE VII. For purposes of this
Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its
funds as designated under ARTICLE II.C.
Augusta Housing and Community Development Department Page 16
R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit to trespass on any public or private
property in performing any of the work embraced by this contract. Sand Hills agrees to
obtain all necessary permits for intended improvements or activities.
S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same
without the prior written approval of Augusta.
T. Sand Hills agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under
section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing
regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the
term dwelling units in 24 CFR Part 8 shall include sleeping accommodations.
U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved
by the Augusta/AHCDD prior to the execution of this Contract.
V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any
travel outside the State of Georgia with funds provided under this contract. All Federal
Travel Regulations are applicable (41 CFR Part 301).
W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with
HOME Program funds must, before occupancy, meet the Property Standards specified at
25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes
receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All
housing assisted under this Agreement is “new construction” by HOME Programs
definition and therefore must meet the local building codes for new housing in Augusta-
Richmond County, as applicable.
Initial: ________
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event Sand Hills materially fails to comply with any terms of this agreement,
including the timely completion of activities as described in the timetable and/or
contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures
any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend
Augusta Housing and Community Development Department Page 17
or terminate the current award of funds. Sand Hills will not be eligible to receive any
other funding.
B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for
damages sustained as a result of any breach of this agreement. In addition, to any other
remedies it may have at law or equity, Augusta may withhold any payments to Laney-
Walker for the purposes of offsetting the exact amount of damages once determined.
C. In the best interest of the project and to better serve the people in the target areas and
fulfill the purposes of the Sand Hills Revitalization Plan, either party may terminate this
Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating
its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall
pay Sand Hills for documented committed eligible costs incurred prior to the date of
notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be
relieved of any duties or obligations imposed on it under this Agreement with respect to
HOME Program funds previously disbursed or income derived therefrom.
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by certified United States mail, return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice shall remain such until it
shall have been changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
535 Telfair Street, Suite 910
Augusta, GA 30901
With copies to:
Augusta Housing and Community Development Department
510 Fenwick Street
Augusta, GA 30901
Augusta Housing and Community Development Department Page 18
Sand Hills will receive all notices at the address indicated below:
Sand Hills Urban Development, Inc.
3062 Damascus Road, Suite 10
Augusta, Georgia 30909
ARTICLE XII: INDEMNIFICATION
Sand Hills will at all times hereafter indemnify and hold harmless Augusta, its officers, agents
and employees, against any and all claims, losses, liabilities, or expenditures of any kind,
including court costs, attorney fees and expenses, accruing or resulting from any or all suits or
damages of any kind resulting from injuries or damages sustained by any person or persons,
corporation or property, by virtue of the performance of this Agreement. By execution of this
agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of
Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control the same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors and assigns, all jointly and severally under the terms of this Agreement.
Initial: ________
ARTICLE XIII. INSURANCE AND BONDING
Sand Hills shall acquire adequate insurance coverage to protect all contract assets from loss or
damage resulting from theft, fraud or physical damage. All policies and amounts of coverage
shall be subject to approval by Augusta. Additionally, Sand Hills shall procure and provide for
approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all
personnel of Sand Hills handling or charged with the responsibility for handling funds and
property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta,
comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the
Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and
Augusta’s officers, agents, members, employees, and successors.
Augusta Housing and Community Development Department Page 19
Additionally, Sand Hills shall procure officers and directors liability insurance under policies to
be approved by Augusta. All of the above policies shall provide that no act or omission of the
grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be
provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance
written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be
promptly submitted for approval by Augusta.
ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS
This Document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of
this agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills
beyond the term of this Agreement.
ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to
be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be
read and enforced as though it were included herein and if, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted, then upon application of either party
this Agreement shall forthwith be amended to make such insertion.
ARTICLE XVI. DISCLAIMER
Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of
HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety.
However, if there are any federal funds utilized by this project, including Homebuyer Subsidy
funds, this Agreement will be enforceable in its entirety.
Augusta Housing and Community Development Department Page 20
ARTICLE XVII. COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original
and together shall constitute one and the same Agreement with one counterpart being delivered
to each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
Approved as to form: _________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis
As its Mayor
By: ___________________________________ Date: _________________
Jarvis Sims
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
ATTEST: Sand Hills Urban Development , Inc.
(Grantee)
SEAL:
By: ________________________
Its:_________________________
_______________________
(Plain witness)
Augusta Housing and Community Development Department Page 21
APPENDIX “A”
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the HOME Investment Partnership Program will provide $ 98,060.00 in
Fiscal Year 2019 HOME Program funds to Sand Hills. These funds will support new
construction with the production of approximately one (1) affordable single-family
residential unit in connection with the continuation of 2525 Dover Street, Augusta, GA
30906.
2. AHCD must review and approve all residential design plans, project specifications and
total development cost for each residential development project before work is
commenced and before funds can be released for payment reimbursement. Construction
payments will be released to Sand Hills in accordance with the attached drawdown
schedule and budget.
3. AHCD will provide the lots on which all new affordable homes are to be built under this
agreement and in connection with the Sand Hills Urban Development Revitalization
Project.
4. With AHCD approval, Sand Hills Urban Development may use funds under this
agreement for the following purposes:
a. To support development costs as outlined in Item 6 below.
5. Completion delays, remedies, and penalties.
a. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, AHCD may:
i. Terminate the contractor in accordance with the “Provisions for Augusta
Housing and Community Development Department (AHCD)” clause of
this contract.
ii. Assess liquidated damages of Two Hundred Dollars ($200) per working
day from the schedule of completion to the date of final acceptance of the
project. The total amount of liquidated damages will be deducted from the
total contract price, plus any change order amounts.
b. The contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
i. To any acts of the Federal, State, or City/County Government; including
controls or restrictions upon or requisitioning of materials, equipment,
tools or labor by reason of war, National Defense, or any other National,
State, or City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
iii. To cause not reasonable foreseeable by the parties in this contract at the
time the execution of the contract which are beyond the control and
without the fault or negligence of the Contractor; including but not
restricted to acts of God; acts of the public enemy; acts of another
Augusta Housing and Community Development Department Page 22
contractor in the performance of some other contract with the owner; fires;
floods; epidemics; quarantine restrictions; strikes; freight embargoes; and
weather or unusual severity such as hurricanes, tornadoes, cyclones, and
other extreme weather conditions; and
iv. To any delay of the subcontractor occasioned by any other causes
specified in subparagraphs A and B above. Provided, however, that the
contractor promptly (within 10 days) notifies AHCD in writing of the
cause of the delay. If the facts show the delay to be properly excusable
under the terms of this contract, AHCD shall extend the contract time by a
period commensurate with the period of authorized delay to the
completion of the work as whole; in the form of an amendment to this
contract.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be indentified on a
project-by-project basis. In no case will this amount exceed the maximum per unit
amount defined at 24 CFR 92.250
b. AHCD will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications
and the project budget.
c. Sand Hills Urban Development must make sure contractors obtain and post all
permits on job site. Prior to releasing final payment on each house, Sand Hills
must also secure a Certificate of Occupancy from the contractor that has been
issued by the Department of Licenses and Inspections.
d. Sand Hills must collect progress and final lien releases from the contractor,
subcontractors, and material suppliers prior to making a payment to a contractor.
e. AHCD or its agent may continually inspect each house for contract compliance
and to determine the percent of completion prior to processing a draw request and
releasing payment. AHCD may choose not to release payments if the work being
performed is not of acceptable quality to AHCD and if the house is not being built
or rehabilitated in accordance with plans and specifications, or if the project is not
on schedule.
7. Permanent Financing and Sales Prices
a. The sales price of each home sold in accordance with this agreement must be
based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price
of each house shall not exceed the appraised value of the house.
b. The purchasers of houses constructed must meet the City of Augusta program
requirements
c. Buyers will be required to borrow no less than 75% of the sale prices of the house
from a private lending institution unless otherwise agreed to by AHCD.
Augusta Housing and Community Development Department Page 23
8. Augusta Housing and Community Development Department will deliver building lots, or
vacant buildings, free of encumbrances, and ready for building in accordance with local
zoning and land use regulations applicable to the location of the parcel being developed.
APPENDIX “B”
REPORTING REQUIRMENTS
Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for
the term of this Agreement.
1. Weekly Status Reports
a. Due by 10:00am Monday morning for the previous week. Report will
contain actual/estimated costs/date, issues and concerns. MS Project
schedule will be manually updated so that AHCD can input data to master
schedule.
2. Monthly/Quarterly Progress & Financial Reports
a. Due the 15th of the new quarter.
3. Annual Progress Report
a. Due 365 days from the effective date of this agreement
4. Program Income Quarterly Report
5. Audit/Financial Report
6. Grantee shall maintain files on each person assisted. Each file shall contain, but is
not restricted to, income data and verification for each person assisted; application
for services; record of services provided; amount of services provided;
documentation of costs for which assistance is provided; transportation log;
documentation of medical need regarding prescriptions; and any other document
that will provide proof of needed service(s) and subsequent provision of such
service(s) as allowed under this contract.
Augusta Housing and Community Development Department Page 24
APPENDIX “C”
FINANCING LETTER
Augusta Housing and Community Development Department Page 25
APPENDIX “D”
STATUTES (AVAILABLE ON REQUEST)
1. 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”)
2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and
Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations.
3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations
4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non-
Profit Institutions
5. 40 USC 276 Davis-Bacon Act
6. 40 USC 327 Contract Work Hours and Safety Standard Act
7. Uniform Relocation Assistance and Real Property Acquisition Policies Act
8. Lead Based Paint Poisoning Prevention Act
9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of
Lead-Based Paint Hazards in Housing Receiving Federal Assistance and
Federally-Owned Residential Property being sold, Final Rule
10. Augusta-Richmond County Procurement Policy
11. Conflict of Interest Affidavit.
FORMS
1. Reimbursement Form
Augusta Housing and Community Development Department Page 26
EXHIBIT “A”
CONSTRCUTION REQUIREMENTS
All construction projects shall comply with Federal, State, and Local codes and ordinances,
including, but not limited to, the following:
· “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
· “Standard Plumbing Code”, latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
· “Standard Mechanical Code”, latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
· “National Electric Code”, latest edition, National Fire Protection Association, Quiney,
Massachusetts.
· Model Energy Code, 1997, Council of American Building Officials
· “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice,
American with Disabilities Act of 1990.
· Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
· Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
· Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29,
Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16,
1972).
· Section 106 of the National Historic Preservation Act 916 U.S.C. 470f).
Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or
other means of outlining work on a particular project will be submitted in writing to AHCD for
review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will
review these items for compliance with new construction and/or rehabilitation standards and
materials used
Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical
Condition Standards for HUD Housing.” Workmanship and material standards will comply with
the Augusta-Richmond County Housing & Community Development Department Contractors
Manual and Performance Standards. A copy of this manual is provided to every contractor when
included on the AHCD Approved Contractors List.
Inspections: All projects will be inspected and approved by and AHCDD Construction and
Rehabilitation Inspector prior to release of the funds for that request.
Augusta Housing and Community Development Department Page 27
EXHIBIT “B”
PROJECT SCHEDULE OF COMPLETION
Sand Hills Urban Development must provide a completed schedule of completion as Exhibit
“B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This
schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in
connection with the performance of this agreement.
Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_Down Payment Assistance Request
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide funding to assist one
(1) low-to-moderate income homebuyer with down-payment
assistance to purchase a home.
Background:Augusta, GA’s Down Payment Assistance Program
(administered by HCD) is a loan, given to a prospective
homeowner in the form of a second mortgage. This financial
assistance is combined with a primary loan (first mortgage loan)
from a participating lending institution and enables a qualified
first-time home buyer to become a homeowner. The buyer must
be a first-time home buyer and the home must become the
buyer’s primary residence. The program is funded by the U.S.
Department of Housing and Urban Development (HUD) and
administered by Augusta, GA’s Housing and Community
Development Department (HCD). The program promotes
neighborhood stability by assisting with the gap financing
towards the purchase price and closing costs for homes located
within the limits of Augusta-Richmond County. One (1)
application awaiting approval to move applicant forward with
the process of becoming a homeowner is: 1. 2134 Crosley
Street, Augusta, GA 30906 $5,000.00 The
application has a first mortgage loan from a lending institution,
but needs down payment assistance to complete the process. A
prospective homeowner is only eligible to receive up to
$5,000.00 if they are purchasing a single-family dwelling in the
Richmond County area. Once approved, lenders will schedule
closing and the applicant will soon be on their way to
homeownership in Augusta – Richmond County.
Analysis:The approval of this application will enable (1) one individual to
become a homeowner and “Make the American Dream a
Reality”. Approval will also have a positive impact on the
community by increasing the tax base in Augusta, Georgia.
Cover Memo
Financial Impact:The City receives funding from the US Department of Housing
and Urban Development Department (HUD) on an annual basis.
This approval would be for $5,000.00, given in the form of a
second mortgage (forgiven on the fifth year after closing date),
and shown as a second lien against said property until forgiven.
Alternatives:Do not approve HCD’s request.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide funding to assist one
(1) low-to-moderate income homebuyer with down-payment
assistance to purchase a home.
Funds are
Available in the
Following
Accounts:
Housing and Urban Development (HUD) Funds: a) HOME
Investment Partnership Grant (HOME) funds
221073212/5225110
REVIEWED AND APPROVED BY:
Cover Memo
HOME Program – Homebuyer Written Agreement Page 1 of 5
HOME PROGRAM
HOMEBUYER WRITTEN AGREEMENT
NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must
fulfill in exchange for the federal assistance you are receiving through the Home Investment
Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions
regarding any sections you do not fully understand. This AGREEMENT will be enforced by a
forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand
these documents before you sign them.
THIS AGREEMENT, made and entered into this ____ day of _ ___________, 2020 by and between
_____________________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING &
COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick Street, Augusta,
Georgia 30901, hereinafter referred to as “LENDER.”
WHEREAS, on ___________________, the Lender agreed to provide to the Borrower
financial assistance to be used in pursuit of the purchase of certain real property hereafter described:
_Map Parcel #_________________ and _________________________________________.
WHEREAS, a percentage of said financial assistance was provided in the form of a
Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of
($_________________________________), subject to the condition that the Borrower executes this
Agreement.
WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban
Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME
Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s
Forgiveness Loan Program.
NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions
of State of Georgia Statues, the parties do hereby agree as follows:
The Borrower covenants and agrees with the Lender to adhere to the following HOME
Program Restrictions imposed on them for the federal assistance provided:
Affordability Period
You must comply with the HOME Program’s period of affordability. The period of affordability for
the home will be 5 years, based on the amount of the direct subsidy to the HOMEBUYER. During this
5 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at
HOME Program – Homebuyer Written Agreement Page 2 of 5
all times. During this time the recapture restriction is effective and requires all HOME funds that were
provided for the purchase of the home to be repaid to the City, including principal, interest, late fees,
and other charges, if you do not occupy the property as your principal residence or if you sell or
transfer the property.
Maximum Sales Price
The property may not have a purchase price for the type of single family housing that exceeds 95% of
the median purchase price for the area. It has been verified that the purchase price of the housing does
not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR
Part 92.254(a).
The maximum purchase price is as follows for the Augusta Richmond County GA:
Unit # FHA Limits Pre-Economic Stimulus Act
Existing Homes New Homes
1 Unit $ 152,000 $ 227,000
2 Unit $ 195,000 $ 291,000
3 Unit $ 236,000 $ 352,000
4 Unit $ 292,000 $ 436,000
Unadjusted
Median Value
$ 160,000 $ 239,000
Appraised property value
The AWARDEE certifies that a certified property appraiser has appraised the property that is the
subject of this AGREEMENT at a value of $___________.
Principal residence requirement
This agreement shall remain in force throughout the affordability period as long as the home remains
the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as
his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in
breach of this agreement and will be required to repay the amount awarded, as of the day the home is
no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party,
the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set
forth below.
________Buyer Initials
Recapture Agreement
This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient
decides to sell the house within the affordability period at whatever price the market will bear. The
recaptured funds will come from the net proceeds if available. Any such repayment as required shall
be made to the Lender no later than thirty (30) days following the action that require the repayment.
HOME Program – Homebuyer Written Agreement Page 3 of 5
Obligation of Repayment
As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this
Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate
hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost,
including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is
legally described as:
Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in
the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the
property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs,
executors, or representatives shall give the lender notice thereof.
In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a
required payment within said limited period, the Lender may, with or without notice to the Borrower,
foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real
estate, as provided by State Statue.
Ownership of Property
You must hold fee simple title to the property purchased with HOME funds for the duration of your
Forgiveness Loan.
Use of HOME funds
The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by
providing down payment assistance. This will reduce the sales price of the home to the
HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to
purchase the home.
________Buyer Initials
Household Income
You must be an eligible household through the time of filing a loan application with the City or other
lender to the escrow closing of the purchase transaction. Income eligibility means that your annual
gross household income, adjusted for household size does not exceed eighty percent (80%) of the
Augusta-Aiken median income, as established by HUD.
Insurance requirement
The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and
current insurance policy on the home for the current appraised or assessed value of the home. Failure
to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT,
HOME Program – Homebuyer Written Agreement Page 4 of 5
and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the
HOME Program investment.
Property standards
Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all
State and local housing quality standards and code requirements. If no such standards or codes apply,
the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical
Condition Standards.
Termination Clause
In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein
or any provisions in any other collateral agreement restricting the use of the Property to low or
moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall
have no further force or effect. Any person (including his successors or assigns) receiving title to the
Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title
to the Property free and clear from such restriction.
Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of
foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien
Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default
under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior
Security Deed within the 30-day notice sent to the Lender.”
This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors and
assigns.
If at any time that the City realizes that you have falsified any documentation or information, you may
be required by law to pay the full amount of subsidy provided.
________Buyer Initials
Post Purchase Requirement
Homeowner must attend a Post Homeownership Counseling class and submit a certificate of
completion to AHCD within the first two years of purchasing the house. AHCD will not release the
lien on the property until this requirement has been met.
_______Buyer Initials
HOME Program – Homebuyer Written Agreement Page 5 of 5
IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment
Agreement.
___________________________________________ Date___________________________
HOMEBUYER SIGNATURE
Attest:
Subscribed and sworn to before me __________________________________, 20____.
My Commission Expires ______________________________________, 20____.
______________________________________
Notary Signature
Attest: Augusta, Georgia
By:___________________________________________ Date:________________________
Hardie Davis
As Mayor
By:___________________________________________ Date:________________________
Jarvis Sims
As Interim Administrator
By:___________________________________________ Date:________________________
Hawthorne Welcher
As Director, HCD
Approved as to Form by:________________________________ Date:___________________
Augusta, GA Law Department
Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_GA Rehabilitation Institute Partnership Request
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) partnership request with Georgia
Rehabilitation Institute, Inc., and accept their financial
commitment of $100,000.
Background:The Augusta, GA/HCD Homeowner and Emergency
Rehabilitation programs has been funded for over 20 years with
federal grant funds awarded to the City of Augusta, by the U.S.
Department of Housing and Urban Development (HUD), and
administered by the Housing and Community Development
Department. However, due to the continued decrease in HUD’s
Annual Allocation, it has become imperative that HCD seek
partnership and leverage opportunities to keep pace with this
programs ever growing demand. Thus, through partnership,
Georgia Rehabilitation Institute, Inc. seeks to contribute up to
$100,000 towards accessible housing features, (being
rehabilitated by HCD), for persons with disabilities and seniors.
Further, this partnership will add funding to existing HCD
funding, thus enabling our reach to expand to a greater number
of homes all across Augusta Richmond County. It is our hope
that over time, this partnership will increase the accessible
housing stock in our community allowing people with
disabilities and seniors to age in place.
Analysis:The approval of this partnership will enable HCD to assist more
applicants with receiving accessible rehabilitated housing
features for their homes.
Financial Impact:The City receives funding from the US Housing and Urban
Development Department (HUD) on an annual basis. HCD’s
Housing Sector will operate this grant program as part of the
2019 Action Plan (Commission approved 06/27/19).
Cover Memo
Alternatives:Do not approve HCD’s Request.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) partnership with Georgia Rehabilitation
Institute, Inc., and accept their financial commitment of
$100,000.
Funds are
Available in the
Following
Accounts:
- Housing and Urban Development (HUD) Funds: Community
Development Block Grant (CDBG) o Org Key 221073211 -
Georgia Rehabilitation Institute, Inc.
REVIEWED AND APPROVED BY:
Cover Memo
Rehabilitation/ GRI MOU Page 1 of 4
Memorandum of Understanding
By and Between
Augusta, Georgia,
and the Georgia Rehabilitation Institute INC.
FY 2020
Background and Intent
This Memorandum of Understanding (MOU) clarifies the roles, responsibilities between Augusta,
Georgia and the Georgia Rehabilitation Institute Inc.
This Agreement, is made and entered into as of the ______ day of _________ 2020 (“the effective date”)
by and between Augusta, Georgia, acting through the Housing and Community Development Department
(hereinafter referred to as “HCD”) – with principal offices at 510 Fenwick Street, Augusta, Georgia, as
party of the first part, hereinafter called “Augusta and Georgia Rehabilitation Institute a Georgia nonprofit
organization with an expertise in restoring ability, hope and independence to people who need medical
rehabilitation and /or community support following temporary illness, injury or life changing disability
pursuant to the Laws of the State of Georgia.
WHEREAS, the sole purpose of this MOU is to encourage a collaboration between Augusta, Georgia,
Georgia Rehabilitation Institute, INC., and to further detail the separate and distinct roles and
responsibilities of each party in the Rehabilitation program of Housing and Community Development:
WHEREAS, there is a growing need for ADA assistance for disability persons that would be made
affordable to them, and;
WHEREAS, Employers, such as Housing and Community Development , are looking at ways to increase
funding to assist in servicing more persons and allowing seniors and disabilities to age in place and
provide future accessible housing and;
WHEREAS, Georgia Rehabilitation Institute (GRI), has the expertise to provide quality and efficient
services to Augusta, Georgia in assisting Housing and Community Development with funding and;
WHEREAS, GRI will work with the Housing and Community Development (HCD) service persons with
disabilities and seniors for all accessibility needs.
THEREFORE, Augusta Housing and Community Development and Georgia Rehabilitation Institute,
INC. agree that it is in the best interest of all concerned to enter into this MOU.
Eligibility Determinations
Residents will be received on a first-come, first-serve basis. To be eligible for services through the
Rehabilitation program/GRI collaboration, applicants will have to meet the following criteria:
Rehabilitation/ GRI MOU Page 2 of 4
a) Household income must not exceed the following household income limits (80% of AMI):
1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON
6 PERSON
$36,900 $42,200 $47,450 $52,700 $56,950
$61,150
b) Must be a home within Augusta, Georgia city limits.
c) Maintain home as principal residency.
d) Must have a certifiable disability or Senior (55 and up).
e) Proof of insurance Coverage
f) Paid property tax receipt
g) Copy of property deed
h) Such other conditions as may be required by the parties hereto.
Roles and Responsibilities
It is understood that HCD and GRI will work together as a team to effectively meet the housing, disability
and senior needs of Augusta, GA’s residents. This level of collaboration will require thorough and timely
communication between all parties. However, the parties to this MOU understand their separate and
distinct responsibilities, including but not limited to the following:
Augusta, GA is committed to rehabilitating accessible housing features for residents with disabilities
and/or seniors that live in the city, HCD agrees to:
1. Identify, inspect, vet and provide work write-ups for the projects that will be serviced.
2. Will provide procurement services and oversight of projects.
3. Will pay contractors for project services according to same guidelines utilized for all
rehabilitation projects.
4. Will provide additional federal funds for projects as needed.
5. Will submit service project recommendations to GRI on a monthly basis for approval.
HCD shall have no obligations under this Memorandum of Understanding other than those outlined
above.
GRI through this partnership will contribute up to $100,000 during the fiscal year of (July 1, 2020 – June
30, 2021) towards accessible housing features and disability enhancements and seniors. GRI will:
1. Provide Funding for projects through June 30, 2021.
2. Partner with HCD to service seniors and/or persons with disabilities.
3. Provide repayment upon invoice submission from HCD of completed work that meets
eligibility determinations.
Rehabilitation/ GRI MOU Page 3 of 4
Confidentiality
All parties agree that by virtue of entering into this MOU they will have access to certain confidential
information regarding the other party’s operations and applicant’s personal information related to this
project. None of the parties bound in this MOU will at any time disclose confidential information and/or
material without the consent of the subject party unless such disclosure is authorized by this MOU or
required by law or court order. Unauthorized disclosure of confidential information shall be considered a
material breach of this MOU. Where appropriate, releases will be secured before confidential information
is exchanged. Confidential information will be handled with the utmost discretion and judgment. This
confidentiality paragraph shall survive the termination of this MOU.
Nondiscrimination
There shall be no discrimination of any person or group of persons on account of race, color, creed,
religion, sex, marital status, sexual orientation, age, handicap, ancestry or national origin in the
implementation of the housing policies described in this MOU.
Modification
This MOU may not be modified or amended except by written agreement executed by the parties hereto.
Counterparts
This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
Severability
The parties hereto intend and believe that each provision in this MOU comports with all applicable local,
state and federal laws and judicial decisions. However, if any provision in this MOU is found by a court
of law to be in violation of any applicable ordinance, statute, law, administrative or judicial decision, or
public policy, and if such court should declare such provision to be illegal, void or unenforceable as
written, then such provision shall be given force to the fullest possible extent that the same is legal, valid
and enforceable and the remainder of this MOU shall be construed as if such provision was not contained
therein.
Construction
The headings of the MOU are for convenience only and shall not define or limit the provisions hereof.
Where the context so requires, words used in singular shall include the plural and vice versa, and words of
one gender shall include all other genders. In the event of a conflict between the terms and conditions of
any other agreement and the terms and conditions of this MOU, the terms and conditions of this MOU
shall prevail.
Legal Review
The parties hereto acknowledge that they have been advised by legal counsel of their choice in connection
with the interpretation, negotiation, drafting and effect of this MOU and they are satisfied with such legal
counsel and the advice which they have received.
Applicable Law
This MOU shall be governed by, and construed in accordance with, the laws of the State of Georgia
without regard to conflict of laws principles.
Term
The term of this MOU shall be for 1 year (FY 2020), provided that this MOU is terminable at will in
writing, (with a 30 day notice) at any time, for any reason, by AHCD or Georgia Rehabilitation Institute,
Rehabilitation/ GRI MOU Page 4 of 4
INC. This MOU will be evaluated at the end of the GRI fiscal year based on success measures and
renewable until it is determined needs have been achieved or GRI determines not to renew.
ARTICLE XVII. COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original
and together shall constitute one and the same Agreement with one counterpart being delivered
to each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
SEAL
By: ___________________ _____
Hardie Davis, Jr. Date
As Its Mayor
______________________________
Lena Bonner
Clerk of Commission ______________________ _____
Jarvis Sims Date
Administrator
____________________ _______
Hawthorne Welcher, Jr. Date
Director, HCD
ATTEST: Georgia Rehabilitation Institute, INC.
(Grantee)
SEAL:
By: ________________________
Its:_________________________
_______________________
(Plain witness)
Commission Meeting Agenda
9/1/2020 2:00 PM
HCD_Homebuyer Subsidy Program Request
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide HOME funding to
assist one (1) low to moderate income homebuyer with gap
financing, down payment and closing cost to purchase homes
though the Employee Incentive Program.
Background:The City of Augusta’s Home Subsidy Program is a loan in the
form of a second mortgage. This financial assistance is
combined with a primary loan (first mortgage loan) from a
participating lending institution and enables a qualified first-time
home buyer to become a homeowner. The buyer must be a first-
time home buyer and the home must become the buyer’s
primary residence. The program is funded by The Department
of Housing and Urban Development (HUD) and administered by
Augusta’s Housing and Community Development Department
(HCD). The program promotes neighborhood stability by
assisting with the gap financing toward the purchase price and
closing costs for homes located within the city limits of Augusta
and in conjunction with local Community Housing Development
Organizations (CHDOs) and employees of Augusta, Georgia.
One application awaiting approval to move forward with the
process of becoming a homeowner is: 1. Employee Incentive
– 2565 Dover Street - Requesting: $25,000 Sales Price: $
165,000.00 Applicant has a first mortgage from a lending
institution but needs the Subsidy to complete the process. Once
approved, Lenders will schedule closing and the applicant will
then become a new homeowner in Augusta, Georgia.
Analysis:The approval of this application will enable two individuals to
become homeowners and “Make the American Dream a
Reality”. Approval will also have a positive impact on the
community by increasing the tax base in Augusta, Georgia. Cover Memo
Financial Impact:The City receives funding from the US Housing and Urban
Development Department on an annual basis. This approval
would be for the amount of $25,000.00.
Alternatives:Do not approve Homebuyer Subsidy’s Agreement.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide HOME funding to
assist one (1) low to moderate income homebuyer with gap
financing, down payment and closing cost to purchase homes
though the Employee Incentive Program.
Funds are
Available in the
Following
Accounts:
Housing and Urban Development (HUD) Funds: HOME
Investment Partnership Grant (HOME) funds:
221073212/5225110
REVIEWED AND APPROVED BY:
Cover Memo
2565 Dover Street, Augusta, GA 30906
HOME Program – Homebuyer Written Agreement Page 1 of 5
HOME PROGRAM
HOMEBUYER WRITTEN AGREEMENT
NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must
fulfill in exchange for the federal assistance you are receiving through the Home Investment
Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions
regarding any sections you do not fully understand. This AGREEMENT will be enforced by a
forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand
these documents before you sign them.
THIS AGREEMENT, made and entered into this ____ day of ____________, 2020 by and between
__Chasity Walker hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING &
COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick, Augusta, Georgia
30901, hereinafter referred to as “LENDER.”
WHEREAS, on ___________________, the Lender agreed to provide to the Borrower
financial assistance to be used in pursuit of the purchase of certain real property hereafter described:
_Map Parcel #_097-1-110-00-0__ and 2565 Dover Street, Augusta, Georgia 30906.
WHEREAS, a percentage of said financial assistance was provided in the form of a
Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of
Twenty-Five thousand dollars 00/100 ($25,000.00) subject to the condition that the Borrower
executes this Agreement.
WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban
Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME
Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s
Forgiveness Loan Program.
NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions
of State of Georgia Statues, the parties do hereby agree as follows:
The Borrower covenants and agrees with the Lender to adhere to the following HOME
Program Restrictions imposed on them for the federal assistance provided:
Affordability Period
You must comply with the HOME Program’s period of affordability. The period of affordability for
the home will be 20 years, based on the amount of the direct subsidy to the HOMEBUYER. During
this 20 year period, the HOMEBUYER must maintain the home as his/her principal place of
residence at all times. During this time the recapture restriction is effective and requires all HOME
funds that were provided for the purchase of the home to be repaid to the City, including principal,
2565 Dover Street, Augusta, GA 30906
HOME Program – Homebuyer Written Agreement Page 2 of 5
interest, late fees, and other charges, if you do not occupy the property as your principal residence or if
you sell or transfer the property.
Maximum Sales Price
The property may not have a purchase price for the type of single family housing that exceeds 95% of
the median purchase price for the area. It has been verified that the purchase price of the housing does
not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR
Part 92.254(a).
The maximum purchase price is as follows for the Augusta Richmond County GA:
Unit # FHA Limits Pre-Economic Stimulus Act- 2020
Existing Homes New Homes
1 Unit $ 157,000 $ 238,000
2 Unit $ 201,000 $ 304,000
3 Unit $ 243,000 $ 368,000
4 Unit $ 301,000 $ 456,000
Unadjusted Median
Value
$ 164,900 $ 250,000
Appraised property value
The AWARDEE certifies that a certified property appraiser has appraised the property that is the
subject of this AGREEMENT at a value of $165,000.00.
Principal residence requirement
This agreement shall remain in force throughout the affordability period as long as the home remains
the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as
his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in
breach of this agreement and will be required to repay the amount awarded, as of the day the home is
no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party,
the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set
forth below.
________Buyer Initials
Recapture Agreement
This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient
decide to sell the house within the affordability period at whatever price the market will bear. The
recaptured funds will come from the net proceeds if available. Any such repayment as required shall
be made to the Lender no later than thirty (30) days following the action that require the repayment.
2565 Dover Street, Augusta, GA 30906
HOME Program – Homebuyer Written Agreement Page 3 of 5
Obligation of Repayment
As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this
Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate
hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost,
including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is
legally described as:
ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta,
Richmond County, Georgia bounded North by Lyman St., Southwest by Miles St.. Parcel #
097-1-074-00-0. Property recorded as 2550 Dover St, Augusta, Georgia 30906
Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in
the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the
property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs,
executors, or representatives shall give the lender notice thereof.
In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a
required payment within said limited period, the Lender may, with or without notice to the Borrower,
foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real
estate, as provided by State Statue.
Ownership of Property
You must hold fee simple title to the property purchased with HOME funds for the duration of your
Forgiveness Loan.
Use of HOME funds
The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by
providing down payment assistance. This will reduce the sales price of the home to the
HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to
purchase the home.
________Buyer Initials
Household Income
You must be an eligible household through the time of filing a loan application with the City or other
lender to the escrow closing of the purchase transaction. Income eligibility means that your annual
gross household income, adjusted for household size does not exceed eighty percent (80%) of the
Augusta-Aiken median income, as established by HUD.
Insurance requirement
2565 Dover Street, Augusta, GA 30906
HOME Program – Homebuyer Written Agreement Page 4 of 5
The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and
current insurance policy on the home for the current appraised or assessed value of the home. Failure
to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT,
and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the
HOME Program investment.
Property standards
Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all
State and local housing quality standards and code requirements. If no such standards or codes apply,
the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical
Condition Standards.
Termination Clause
In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein
or any provisions in any other collateral agreement restricting the use of the Property to low or
moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall
have no further force or effect. Any person (including his successors or assigns) receiving title to the
Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title
to the Property free and clear from such restriction.
Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of
foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien
Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default
under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior
Security Deed within the 30-day notice sent to the Lender.”
This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, representatives, successors and
assigns.
If at any time that the City realizes that you have falsified any documentation or information, you may
be required by law to pay the full amount of subsidy provided.
________Buyer Initials
Post Purchase Requirement
Homeowner must attend a Post Homeownership Counseling class and submit a certificate of
completion to AHCD within the first two years of purchasing the house. AHCD will not release the
lien on the property until this requirement has been met.
_______Buyer Initials
IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment
Agreement.
2565 Dover Street, Augusta, GA 30906
HOME Program – Homebuyer Written Agreement Page 5 of 5
___________________________________________ Date___________________________
HOMEBUYER SIGNATURE
Attest:
Subscribed and sworn to before me __________________________________, 20____.
My Commission Expires ______________________________________, 20____.
______________________________________
Notary Signature
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: _________________________ Date:_________________
Augusta, GA Law Department
By: ___________________________________ Date: _________________
Hardie Davis
As Mayor
By: ___________________________________ Date: _________________
Jarvis Sims
As Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
Commission Meeting Agenda
9/1/2020 2:00 PM
Update on MyAugusta 311 Mobile Application
Department:Information Technology
Department:Information Technology
Caption:Receive as information an update on the new MyAugusta311
mobile application and web portal.
Background:The City of Augusta has a longstanding goal of
transparency—ensuring government information and services
are readily accessible to the public. The Information Technology
Department supports this goal with technology solutions for
citizen engagement. This commitment is expressed through the
Open Government strategic initiative in the Information
Technology Strategic Plan. At the same time, Augusta 311
constantly strives to ensure Augusta is providing excellent
customer service to its residents, businesses and visitors. These
customers increasingly expect to be able to interact with their
government directly from their phones. Information Technology
and 311 are working together to enhance Augusta’s secure,
convenient mobile services and meet these customer needs.
Analysis:The City of Augusta was scheduled to go live with the
MyAugusta 311 application earlier this year. However, due to
COVID-19, the project was delayed. We have now restarted the
implementation with a "go live" date in mid-September.with a
publicized launch in October. Augusta 311 and Information
Technology are currently planning a public awareness campaign
to promote the launch. This campaign will include television
advertisement, promotion on the City’s website and social
media, and communication through other City channels. The
successful implementation of MyAugusta 311 has required
collaboration among many City departments and
Administration.It will replace Augusta 311’s current mobile
application and web portal.
Financial Impact:Ongoing maintenance of this application is funded through the
annual Information Technology operating budget.
Cover Memo
Alternatives:N/A
Recommendation:Receive as information an update on the new MyAugusta311
mobile application and web portal.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
6-30-2020 Financial Report
Department:Finance
Department:Finance
Caption:Present the financial report for the 6 month period ended June
30, 2020.
Background:Periodic financial reports are presented to keep the Commission
apprised of the financial status of the organization.
Analysis:The reports focus on the operation of the following funds.
General Fund Urban Service Fund Law Enforcement Fire
Protection Water & Sewerage Garbage Collection Augusta
Regional Airport Stormwater Utility
Financial Impact:
Alternatives:
Recommendation:Receive as information
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
Cover Memo
Financial Reports
(Unaudited)
June 30, 2020
Finance Department
Donna B. Williams, CGFM Timothy E. Schroer, CPA, CGMA
Director Deputy Director
535 Telfair Street, Suite 800, Augusta Georgia 30901 Office (706) 821-2429 Fax (706) 821-2520
WWW.AUGUSTAGA.GOV
August 26, 2020
The Honorable Hardie Davis, Mayor
Members of the Augusta Georgia Commission
Jarvis Sims, Interim Administrator
535 Telfair Street
Augusta GA 30901
Dear Mayor Davis, Members of the Commission, and Mr. Sims:
This afternoon we are presenting for your information the financial reports of several major operational funds for
the period ended June 30, 2020. The quarterly reports are presented on a cash basis of accounting, which differs
from the basis used for the annual CAFR. Additionally, information on Local Sales Tax (LOST) collections and Special
Purpose Local Sales Tax (SPLOST) collections and projects are included.
Total revenues during the first two quarters are not accurate indicators of Augusta’s financial position. This is
particularly true in the category for Taxes. The primary reason is that ad valorem tax revenue is not booked until
third quarter and other types of revenue follow cyclical patterns. Other categories such as Licenses, Charges for
Service and Fines are less seasonal. For this reason, we concentrate much of our analysis on the expenditure side of
the budget equation, which occurs at a more even pace.
Coronavirus and Covid-19.
The pandemic continues to cause our world to shift and requires us to become more nimble in our day to day
operations. While everyone is looking for answers, at this point, we don’t have enough information for valid
assumptions to create a methodology that will allow us to provide meaningful analysis. What we do know is that
there is a modicum of relief available through the CARES Act. The State of Georgia received $4.1 billion. Direct
appropriations for municipal governmental units with populations over 500,000 were made in April. Fulton,
Gwinnett, DeKalb, Cobb Counties and the City of Atlanta received funds. On July 26 the Governor allocated $1.23
billion to local governments that did not receive a direct allocation. The current plan provides in phases and in Phase
1 Augusta has been allocated $10.3 million. Details regarding future phases are not available.
While we have not experienced a devastating increase in expenses due to the pandemic, approximately $3.2 million
has been spent on PPE supplies, hazard pay and other expenses directly related to Covid-19. We should act prudently
as it appears that the pandemic will last longer than originally thought, possibly well into 2021.
Augusta received CARES Act funds from the State of Georgia, but because the source of funding is the federal
government, we must follow grant rules and obligations that have been imposed at the federal level. In addition to
ensuring that Augusta is made whole, CARES act funding can be used to support organizations and businesses that
will allow Augusta to remain a strong and vibrant community. While this may seem overly daunting, a systematic
approach to develop programs will allow us to avoid any potential audit findings that may require repayment of
funds.
P a g e | 2
Sales tax is a revenue source that has a major impact on both Augusta’s operations and capital expenditures. Local
sales tax collections are a direct offset to property taxes which fund operations. Special purpose sales taxes fund
capital expenditures. As expected collections lag behind last year. The collections for the first two quarters were
13.1% ($2.3 million) lower than the previous year. The most obvious reason for the fluctuation was the lack of a
traditional Masters spike. It was hoped that there would be a partial recovery with the event rescheduled in
November. The announcement that patrons will not be allowed at this year’s Masters will have an impact to the
overall sales tax collections for this year. Current projections using current data are that collections will be $3.6
million to $4.9 million below budget.
In addition to dealing with the ongoing pandemic, we also must deal with the ongoing operations of the government,
in the upcoming months we will be addressing the 2021 budget and developing a project list for the upcoming
SPLOST 8 referendum. Both projects are critical to Augusta’s fiscal health.
I hope this information along with the reports and narrative that follow are helpful. I will be happy to answer any
questions that you might have.
Sincerely
Donna B. Williams, CGFM
Finance Director
Augusta Richmond County
Augusta Richmond County
Analysis of Operating Statements for
Major Fund Groups as of June 30, 2020
1.GENERAL FUND (101)
Revenues:
Total revenue collections are 35.4% of the annual budget, reflecting an expected decrease in
sales taxes due to the postponement of the Masters event, and timing of ad valorem tax
collections (billed late third or early fourth quarter). Ad valorem taxes represent $12.5
million or 13.2% of the total revenue budget of the General Fund. At the end of the second
quarter, with January through June collections received, local sales tax revenue is 7.3%
below budget, and 1.5% lower than through the second quarter 2019. At the end of second
quarter Electric franchise fees received are 1.7% below budgeted amounts and $128,000
lower than amounts received by second quarter 2019.
Expenditures:
Total expenditures are 44.8% of the annual budget, similar to previous year for second
quarter. Budgets for fuel costs are closely monitored and at the end of the second quarter,
actual costs are below budget levels at 29.6%. Fuel consumption is historically low in the
first half of the year, and the impact of reduced work schedules due to the pandemic has
further reduced fuel usage. Expenditures for salaries and employee benefits are slightly
below the target of 50% at 47.8%.
2.URBAN SERVICES (271)
Revenues:
Total revenue is 24.9% of the annual budget as compared to 30.5% for the same period last
year, this decrease reflects the lower rate of sales tax collections due to the ongoing pandemic
the; ad valorem taxes are billed in third quarter. Ad valorem tax collections in the Urban
Service District are used to pay for services such as Fire Protection, Garbage Collection and
Street Lights. Street Lights are paid for separately as either mill rates or fees in the Suburban
district.
Expenditures:
Operating expenditure levels are below the target range of 50%, at 0.5% which is normal for
second quarter. Transfers out to other funds which are supported by tax collections are
posted to match the timing of expenditures with the booking of tax revenue. No unusual
variances were noted.
1
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Augusta Richmond County
Analysis of Operating Statements for
Major Fund Groups as of June 30, 2020
3.LAW ENFORCEMENT (273)
Revenues:
Total revenue is 19.7% of the annual budget as compared to 23.0% for the same period last
year, primarily due to lower sales tax collections related to the Masters and pandemic-related
business closures. Other revenues relating to inmate population such as inmate commissary
sales and reimbursement from the state for prisoners are currently projected close to
budgeted levels.
Expenditures:
Total operating expenditures are slightly below the 50% budget target at 49.5%. Personnel
cost is at 49.4% of budget. Fuel costs are budgeted at $1.5 million and are below the targeted
range at 34.6% for the second quarter. Expenditure items directly related to prisoner
population are at 45.9% of budgeted levels. Medical costs for prisoners are at 46.8% of
budget.
4.FIRE PROTECTION (274)
Revenues:
Revenue for the first quarter is 4.6% as compared to 2.5% for the same period last year.
Insurance premium tax revenue, which is 62.4% of the total revenue for this fund, is received
from the state in mid-October. The other major source of revenue for Fire Protection comes
from Ad Valorem taxes, billed in the third quarter.
Expenditures:
Total expenditures at the end of the second quarter are at 45.8%, slightly below the target
range of 50%. Personnel related expenditures, which comprise 85.6% of the total budget are
slightly below budget at 46.4%. Use of the overtime budget is 80.5% to the total budget
compared to 76.7% for the same time period in the previous year.
2
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Page 9
Augusta Richmond County
Analysis of Operating Statements for
Major Fund Groups as of June 30, 2020
5.WATER AND SEWERAGE (506-514)
Revenues:
Revenues billed for services are at 43.3% of annual budget, or $39.9 million. During the same
period in 2019, the percentage was 47.5% or $43.4 million. Water revenue is seasonal and
dependent upon weather conditions, these past several months have been wetter than average
and have a caused a decrease in the amount of water used. Additionally due to the ongoing
pandemic, service cut off for nonpayment was discontinued, it is anticipated that 3rd quarter
revenue will see an increase as past due bills are paid.
Expenditures:
Total expenditures are well within the targeted range of 50% at 28.5% of the annual budget,
compared to 28.6% of budget in previous year. Personnel cost is at 42.7% of annual budget.
No other major variances were noted.
Capital Projects:
As construction typically occurs over several years, fund balance appropriation is used to
account for funds not provided by current year operations. The sources of revenues to fund
capital projects and debt service is net income from operations. Capital projects can also be
funded through the issuance of revenue bonds. As of June 30, 2020, a total of $11.9 million
was spent on capital outlay and a total of $9.9 million was required for the debt service sinking
fund. For the period ended June 30, 2019 the amounts spent were $5.2 million in capital outlay
and $9.5 million in debt service sinking fund payments.
6.GARBAGE COLLECTION (542)
Revenues:
Garbage collection services are billed with ad valorem taxes in late third or early fourth
quarter.
Expenditures:
Total expenditures are 40.0% of the annual budget. No other major variances were noted.
3
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Augusta Richmond County
Analysis of Operating Statements for
Major Fund Groups as of June 30, 2020
7.AUGUSTA REGIONAL AIRPORT (551)
Revenues:
Revenues billed for services are 23.7% of annual budget, or $5.1 million. During the same
period in 2019, the percentage was 59.5% or $11.5 million. Passenger volume is seasonal,
normally with higher volumes in summer and during holidays and special events. The
postponement of the Masters and overall impact of the pandemic on the travel industry is
reflected in the decreased airport revenue.
Expenditures:
Total expenditures, excluding depreciation and capital spending, are at 18.3% of the annual
budget. Personnel cost is at 46.0% of annual budget. Fuel and energy costs are at 33.8% of
annual budget. No other major variances were noted.
8.STORMWATER UTILITY (581)
Revenues:
Revenues billed for services are 49.2% of annual budget or $6.8 million. During the same
period in 2019, the percentage was 47.3% or $6.7 million.
Expenditures:
Total expenditures are 32.4% of the annual budget. No other major variances were noted.
4
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Augusta Richmond County
Analysis of Operating Statements for
Major Fund Groups as of June 30, 2020
Notes to the financial reports
Second Quarter indicators: The second quarter report is not the most accurate indication of
the actual performance of the government because revenue percentages tend to be skewed
due to the billing of property taxes during the third quarter. As a result, expenditure levels
against budget are used as key indicators to monitor financial position.
Basis of Accounting: The attached financial reports are presented on the cash basis of
accounting which differs from the annual financial audit which is presented using the
modified accrual basis of accounting. The most significant difference between cash basis and
modified accrual basis of accounting is the recording of accrued expenditures and revenue.
We have determined that any potential benefit that may be derived from preparing the
financial reports on a modified accrual basis would be lost by the amount of resources that
would be required to prepare the financial reports on this basis.
5
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
GENERAL FUND
Budget Actual
% of
Budget Budget Actual
% of
Budget
Revenue
Taxes 62,766,340$ 21,490,087$ 34.24%58,991,280$ 21,821,977$ 36.99%
Licenses and Permits 1,643,800 783,888 47.69%1,671,880 809,771 48.43%
Intergovernmental Revenue 2,982,130 1,384,281 46.42%2,957,740 1,431,197 48.39%
Charges for Services 20,616,820 7,838,071 38.02%20,584,720 8,585,379 41.71%
Fines and Forfeitures 4,454,500 1,694,201 38.03%4,009,500 1,415,534 35.30%
Investment Income 1,550,800 62,223 4.01%1,300,650 699,454 53.78%
Contributions and Donations 70,150 2,594 3.70%27,000 13,754 50.94%
Miscellaneous Revenue 937,500 518,241 55.28%835,300 479,415 57.39%
Other Financing Sources
Property Sale 250,000 32,419 12.97%250,000 84,264 33.71%
Fund Balance Appropriation / Carryforward 254,290 - 0.00%2,413,060 - 0.00%
Total Revenue 95,526,330 33,806,005 35.39%93,041,130 35,340,745 37.98%
Expenditures
Personal Services and Employee Benefits 55,892,710 26,692,563 47.76%53,043,540 26,029,180 49.07%
Purchased/Contract Services 18,148,480 7,411,674 40.84%16,073,440 7,029,314 43.73%
Supplies 10,172,650 3,400,613 33.43%9,821,570 3,590,112 36.55%
Capital Outlay 15,000 - 0.00%- - 0.00%
Interfund/Interdepartmental 1,631,000 710,155 43.54%1,952,880 806,091 41.28%
Other Costs 5,915,240 3,452,183 58.36%7,946,260 3,133,949 39.44%
Debt Service 350,000 - 0.00%- - 0.00%
Cost Reimbursement (100,070) (59,612) 59.57%(65,410) (44,915) 68.67%
Non-Departmental 887,450 - 0.00%48,350 - 0.00%
Total Expenditures 92,912,460 41,607,576 44.78%88,820,630 40,543,731 45.65%
Excess (deficiency) of revenues
over (under) expenditures from operations 2,613,870 (7,801,571) -298.47%4,220,500 (5,202,986) -123.28%
Other Financing Sources (uses)
Transfers in 8,157,420 4,078,710 50.00%7,976,210 3,988,105 50.00%
Transfers out 10,771,290 5,006,270 46.48%12,196,710 5,648,825 46.31%
Total other financing sources (uses)(2,613,870) (927,560) 35.49%(4,220,500) (1,660,720) 39.35%
Excess (deficiency) of revenues
over (under) expenditures -$ (8,729,131)$ -$ (6,863,706)$
June 30, 2019June 30, 2020
6
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
URBAN SERVICE DISTRICT
Budget Actual
% of
Budget Budget Actual
% of
Budget
Revenue
Taxes 10,398,730$ 2,580,219$ 24.81%9,751,230$ 2,924,457$ 29.99%
Investment Income 7,500 6,566 87.55%7,500 46,752 623.36%
Total Revenue 10,406,230 2,586,785 24.86%9,758,730 2,971,209 30.45%
Expenditures
Personal Services and Employee Benefits 11,890 2,313 19.45%10,050 2,313 23.01%
Interfund/Interdepartmental 9,610 4,805 50.00%11,240 5,620 50.00%
Non-Departmental 1,501,310 - 0.00%682,200 - 0.00%
Total Expenditures 1,522,810 7,118 0.47%703,490 7,933 1.13%
Excess (deficiency) of revenues
over (under) expenditures from operations 8,883,420 2,579,667 29.04%9,055,240 2,963,276 32.72%
Other Financing Sources (uses)
Transfers out 8,883,420 1,198,345 13.49%9,055,240 1,251,165 13.82%
Total other financing sources (uses)(8,883,420) (1,198,345) 13.49%(9,055,240) (1,251,165) 13.82%
Excess (deficiency) of revenues
over (under) expenditures -$ 1,381,322$ -$ 1,712,111$
June 30, 2019June 30, 2020
7
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
LAW ENFORCEMENT
Budget Actual
% of
Budget Budget Actual
% of
Budget
Revenue
Taxes 60,453,740$ 11,602,112$ 19.19%58,661,120$ 13,503,424$ 23.02%
Licenses and Permits 2,000 710 35.50%2,500 400 16.00%
Charges for Services 1,068,500 451,807 42.28%1,071,000 421,430 39.35%
Fines and Forfeitures 347,500 135,857 39.10%400,000 119,236 29.81%
Investment Income (250,000) - 0.00%(85,000) (162,971) 191.73%
Miscellaneous Revenue 270,000 1,517 0.56%270,000 3,478 1.29%
Other Financing Sources
Property Sales 100,000 4,525 4.53%100,000 8,274 8.27%
Total Revenue 61,991,740 12,196,528 19.67%60,419,620 13,893,271 22.99%
Expenditures
Personal Services and Employee Benefits 43,827,450 21,659,332 49.42%42,785,100 21,520,006 50.30%
Purchased/Contract Services 1,509,540 530,724 35.16%1,146,980 611,734 53.33%
Supplies 10,815,050 4,581,859 42.37%10,240,670 4,745,907 46.34%
Capital Outlay - - 0.00%48,100 - 0.00%
Interfund/Interdepartmental 5,573,520 2,478,436 44.47%5,233,400 2,513,463 48.03%
Cost Reimbursement - - 0.00%- - 0.00%
Non-Departmental (2,673,660) - 0.00%(1,854,880) - 0.00%
Total Expenditures 59,051,900 29,250,351 49.53%57,599,370 29,391,110 51.03%
Excess (deficiency) of revenues
over (under) expenditures from operations 2,939,840 (17,053,823) -580.09%2,820,250 (15,497,839) -549.52%
Other Financing Sources (uses)
Transfers in 2,895,940 1,447,970 50.00%3,221,180 1,642,935 51.00%
Transfers out 5,835,780 2,917,890 50.00%6,041,430 3,020,715 50.00%
Total other financing sources (uses)(2,939,840) (1,469,920) 50.00%(2,820,250) (1,377,780) 48.85%
Excess (deficiency) of revenues
over (under) expenditures -$ (18,523,743)$ -$ (16,875,619)$
June 30, 2020 June 30, 2019
8
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
FIRE PROTECTION
Full Year
Budget
YTD
Actual
% of
Budget
Full Year
Budget
YTD
Actual
% of
Budget
Revenue
Taxes 23,206,340$ 88,545$ 0.38%22,125,700$ 84,798$ 0.38%
Intergovernmental Revenue 597,310 298,655 50.00%596,870 298,435 50.00%
Charges for Services 187,980 714,951 380.33%187,980 64,144 34.12%
Investment Income 100,000 - 0.00%100,000 142,020 142.02%
Other Financing Sources
Property Sales - 59 0.00%- - 0.00%
Fund Balance Appropriation - - 0.00%409,050 - 0.00%
Total Revenue 24,091,630 1,102,210 4.58%23,419,600 589,397 2.52%
Expenditures
Personal Services and Employee Benefits 25,800,590 11,973,662 46.41%25,293,840 11,504,143 45.48%
Purchased/Contract Services 982,650 364,483 37.09%947,440 424,967 44.85%
Supplies 1,701,470 680,024 39.97%1,664,980 558,829 33.56%
Capital Outlay 190,000 203,081 106.88%371,450 30,805 8.29%
Interfund/Interdepartmental 1,154,780 575,187 49.81%1,004,560 500,296 49.80%
Other Costs 55,740 - 0.00%35,000 35,000 100.00%
Non-Departmental 253,750 - 0.00%7,640 - 0.00%
Total Expenditures 30,138,980 13,796,437 45.78%29,324,910 13,054,040 44.52%
Excess (deficiency) of revenues
over (under) expenditures from operations (6,047,350) (12,694,227) 209.91%(5,905,310) (12,464,643) 211.08%
Other Financing Sources (uses)
Transfers in 6,278,500 500,000 7.96%6,278,500 500,000 7.96%
Transfers out 231,150 115,575 50.00%373,190 186,505 49.98%
Total other financing sources (uses)6,047,350 384,425 6.36%5,905,310 313,495 5.31%
Excess (deficiency) of revenues
over (under) expenditures -$ (12,309,802)$ -$ (12,151,148)$
June 30, 2020 June 30, 2019
9
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
WATER and SEWERAGE
Budget Actual
% of
Budget Budget Actual
% of
Budget
Revenue
Intergovernmental Revenue 9,206,380$ 5,058,134$ 54.94%8,795,240$ 6,030,223$ 68.56%
Charges for Services 91,970,720 39,852,179 43.33%91,344,950 43,375,355 47.49%
Investment Income 39,000 100,650 258.08%65,570 277,696 423.51%
Contributions and Donations - - 0.00%- - 0.00%
Miscellaneous Revenue 464,680 396,984 85.43%421,920 416,892 98.81%
Other Financing Sources:
Property Sales 35,000 5,165 14.76%35,000 144 0.41%
Revenue Bond Proceeds 3,200,490 - 0.00%1,136,050 - 0.00%
Encumbrance Carry forward 835,860 - 0.00%- - 0.00%
Capital Project Carry forward 20,724,740 - 0.00%26,734,300 - 0.00%
Total Revenue 126,476,870 45,413,112 35.91%128,533,030 50,100,310 38.98%
Expenditures
Personal Services and Employee Benefits 21,886,380 9,341,091 42.68%21,634,300 9,014,073 41.67%
Purchased/Contract Services 20,776,350 5,818,403 28.00%25,653,810 5,740,234 22.38%
Supplies 12,965,490 4,219,404 32.54%13,092,820 5,156,953 39.39%
Capital Outlay - - 0.00%- - 0.00%
Interfund/Interdepartmental 11,290,630 5,492,177 48.64%11,239,150 5,582,713 49.67%
Depreciation/Amortization 21,599,460 9,500,000 43.98%19,000,000 9,500,000 50.00%
Other Costs 1,210,000 502,586 41.54%1,128,800 664,474 58.87%
Debt Service 21,244,630 1,096,779 5.16%25,084,560 977,174 3.90%
Cost Reimbursement - - 0.00%- - 0.00%
Non-Departmental 15,307,980 - 0.00%11,367,960 - 0.00%
Total Expenditures 126,280,920 35,970,440 28.48%128,201,400 36,635,621 28.58%
Excess (deficiency) of revenues
over (under) expenditures from operations 195,950 9,442,672 4818.92%331,630 13,464,689 4060.15%
Other Financing Sources (uses)
Transfers out 195,950 97,975 50.00%331,630 165,815 50.00%
Total other financing sources (uses)(195,950) (97,975) 50.00%(331,630) (165,815) 50.00%
Excess (deficiency) of revenues
over (under) expenditures -$ 9,344,697$ -$ 13,298,874$
June 30, 2019June 30, 2020
10
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
GARBAGE COLLECTION
Budget Actual % of Budget Budget Actual % of Budget
Revenue
Charges for Services 19,976,890$ -$ 0.00%19,902,500$ -$ 0.00%
Investment Income 125,000 - 0.00%45,000 - 0.00%
Fund Balance Appropriation 557,670 - 0.00%- - 0.00%
Total Revenue 20,659,560 - 0.00%19,947,500 - 0.00%
Expenditures
Personal Services and Employee Benefits 1,620,620 446,094 27.53%1,649,520 599,300 36.33%
Purchased/Contract Services 15,539,640 6,490,257 41.77%15,445,430 6,128,988 39.68%
Supplies 1,541,570 618,448 40.12%1,488,720 601,960 40.43%
Capital Outlay 571,700 - 0.00%- 281,875 0.00%
Interfund/Interdepartmental 1,666,750 833,765 50.02%1,740,560 870,435 50.01%
Depreciation/Amortization 483,000 241,500 50.00%487,410 265,860 54.55%
Other Costs 225,000 64,823 28.81%230,000 41,928 18.23%
Non-Departmental 50,130 - 0.00%2,920 - 0.00%
Total Expenditures 21,698,410 8,694,887 40.07%21,044,560 8,790,346 41.77%
Excess (deficiency) of revenues
over (under) expenditures from operations (1,038,850) (8,694,887) 836.97%(1,097,060) (8,790,346) 801.26%
Other Financing Sources (uses)
Transfers in 1,050,000 - 0.00%1,114,630 - 0.00%
Transfers out 11,150 5,575 50.00%17,570 8,785 50.00%
Total other financing sources (uses)1,038,850 (5,575) -0.54%1,097,060 (8,785) -0.80%
Excess (deficiency) of revenues
over (under) expenditures -$ (8,700,462)$ -$ (8,799,131)$
June 30, 2020 June 30, 2019
11
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
AUGUSTA REGIONAL AIRPORT
Budget Actual % of Budget Budget Actual
% of
Budget
Revenue
Intergovernmental Revenue 39,672,830$ 364,952$ 0.92%25,344,930$ 1,498,810$ 5.91%
Charges for Services 21,563,250 5,119,227 23.74%19,272,310 11,468,244 59.51%
Investment Income 218,400 307,268 140.69%45,500 214,399 471.21%
Contributions and Donations 273,000 1,000 0.37%273,000 - 0.00%
Miscellaneous Revenue - 75 0.00%- 16,048 0.00%
Other Financing Sources
Property Sales 113,000 1,359 1.20%25,000 24,861 99.44%
Fund Balance Appropriations 12,922,110 - 0.00%12,794,570 - 0.00%
Total Revenue 74,762,590 5,793,881 7.75%57,755,310 13,222,362 22.89%
Expenditures
Personal Services and Employee Benefits 6,879,770 3,168,284 46.05%6,457,920 3,228,233 49.99%
Purchased/Contract Services 14,655,540 859,548 5.87%3,861,120 994,081 25.75%
Supplies 4,445,420 1,263,483 28.42%4,113,240 2,225,246 54.10%
Capital Outlay 41,403,620 18,446 0.04%37,239,980 6,241 0.02%
Interfund/Interdepartmental 463,440 231,720 50.00%416,250 208,511 50.09%
Depreciation/Amortization 3,145,820 1,572,910 50.00%3,145,820 1,572,910 50.00%
Debt Service 878,500 - 0.00%876,250 - 0.00%
Non-Departmental 2,820,600 - 0.00%1,540,640 - 0.00%
Total Expenditures 74,692,710 7,114,391 9.52%57,651,220 8,235,222 14.28%
Excess (deficiency) of revenues
over (under) expenditures from operations 69,880 (1,320,510) -1889.68%104,090 4,987,140 4791.18%
Other Financing Sources (uses)
Transfers in 150,000 - 0.00%150,000 - 0.00%
Transfers out 219,880 11,915 5.42%254,090 40,095 15.78%
Total other financing sources (uses)(69,880) (11,915) 17.05%(104,090) (40,095) 38.52%
Excess (deficiency) of revenues
over (under) expenditures -$ (1,332,425)$ -$ 4,947,045$
June 30, 2020 June 30, 2019
12
AUGUSTA GEORGIA
Statement of Revenues and Expenditures - Cash Basis
For the Periods ended 6/30/2020 and 6/30/2019
(unaudited)
STORMWATER UTILITY
Budget Actual
% of
Budget Budget Actual
% of
Budget
Revenue
Charges for Services 13,870,320$ 6,826,372$ 49.22%14,196,920$ 6,707,652$ 47.25%
Investment Income - - 0.00%- 26,694 0.00%
Other Financing Sources:
Property Sales - 110 0.00%- - 0.00%
Encumbrance Carry forward 2,673,420 - 0.00%1,791,870 - 0.00%
Capital Project Carry forward 1,752,300 - 0.00%- - 0.00%
Total Revenue 18,296,040 6,826,482 37.31%15,988,790 6,734,346 42.12%
Expenditures
Personal Services and Employee Benefits 4,550,340 2,094,601 46.03%4,287,740 2,038,323 47.54%
Purchased/Contract Services 8,508,410 2,215,094 26.03%7,433,730 2,103,505 28.30%
Supplies 422,710 93,304 22.07%542,900 116,569 21.47%
Capital Outlay 935,770 5,646 0.60%102,370 9,240 9.03%
Interfund/Interdepartmental 2,339,790 1,153,216 49.29%2,385,630 1,165,216 48.84%
Depreciation/Amortization 580,000 290,000 50.00%242,700 121,350 50.00%
Other Costs 763,240 15,910 2.08%763,240 3,466 0.45%
Non-Departmental 6,530 - 0.00%(1,020) - 0.00%
Total Expenditures 18,106,790 5,867,771 32.41%15,757,290 5,557,669 35.27%
Excess (deficiency) of revenues
over (under) expenditures from operations 189,250 958,711 506.58%231,500 1,176,677 508.28%
Other Financing Sources (uses)
Transfers in 20,540 - 0.00%- - 0.00%
Transfers out 209,790 14,895 7.10%231,500 29,790 12.87%
Total other financing sources (uses)(189,250) (14,895) 7.87%(231,500) (29,790) 12.87%
Excess (deficiency) of revenues
over (under) expenditures -$ 943,816$ -$ 1,146,887$
June 30, 2020 June 30, 2019
13
Augusta Georgia
Sales Tax Receipts
as of June 30, 2020
Month Total
Actual 1/1/20 to
6/30/2020 2020 Budget
YTD %
Change
from Prior
Year
% of
Budget
collected
Budgeted
Collection %
General Fund 724,444.36 4,088,601.43 9,568,170.00 -13.11%42.73%41.67%
Law Enforcement 1,988,830.39 11,224,512.55 26,255,730.00 -13.11%42.75%41.67%
Urban 451,853.33 2,543,215.36 5,821,650.00 -13.11%43.69%41.67%
3,305,247.79 18,637,375.23 37,200,000.00 -11.99%50.10%41.67%
CSRA Region 6,995,556.92 38,216,984.67 72,825,900.00 52.48%41.67%
Augusta
Revenue Generated 3,109,487.45 17,183,774.95
Revenue Received 358,940.49 1,961,194.49 3,500,000.00 56.03%41.67%
June 30, 2020 June 30, 2019 $ Change % Change
LOST 3,165,128.07 3,141,753.77 23,374.30 0.74%
SPLOST 3,305,247.79 3,261,393.59 43,854.20 1.33%
June 30, 2020 June 30, 2019 $ Change % Change
LOST 17,856,329.34 20,197,422.73 (2,341,093.39) -13.11%
SPLOST 18,637,375.23 20,872,645.30 (2,235,270.07) -11.99%
Year To Date
LOST
SPLOST
T - SPLOST
Comparative Revenue Collections
For The Month Ended
14
Augusta Georgia
Sales Tax Revenue - LOST
2016 to 2020
January February March April May June July August September October November December
2020 3,015,135 2,936,732 2,965,160 2,676,220 3,098,553 3,165,128
2019 3,048,326 3,045,332 3,312,990 4,263,741 3,385,280 3,141,754 3,250,462 3,160,242 3,272,431 3,211,903 3,153,967 3,646,566
2018 2,717,479 2,622,349 3,432,190 3,924,368 2,995,352 3,090,231 3,082,912 2,999,331 3,016,864 3,264,989 3,189,311 3,672,612
2017 2,581,039 2,537,261 2,891,721 3,486,056 2,822,346 2,961,488 2,955,309 2,785,253 2,904,388 2,722,862 2,801,072 3,605,914
2016 2,510,586 2,695,933 2,935,915 3,490,702 2,718,885 2,792,342 2,730,288 2,659,557 2,810,389 2,794,589 2,717,142 3,380,807
Average 2,761,277 2,776,278 3,092,933 3,556,045 2,973,138 2,964,810 2,981,438 2,890,902 2,969,266 2,943,239 2,908,772 3,088,937
2.00
2.50
3.00
3.50
4.00
4.50
Ta
x
R
e
v
e
n
u
e
Mi
l
l
i
o
n
s
15
Augusta Georgia
Sales Tax Revenues - LOST
2020 and 2019
2.00
2.25
2.50
2.75
3.00
3.25
3.50
3.75
4.00
4.25
4.50
January February March April May June July August September October November December
Mi
l
l
i
o
n
s
2020
2019
16
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 1992
unaudited
Current
Prior Year Balance
SPLOST Original Cost Current Cost Years' Cost Encumbrances Total Project
Phase Projects Estimate Estimate Cost as of 6/30/2020 as of 6/30/2020 Cost Budget
Fund Balance 12/31/19 81,755
Current expenditures and project budgets -
Available for project costs 81,755
Construction in Progress
17
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 1996
unaudited
Current
Prior Year Balance
SPLOST Original Cost Current Cost Years' Cost Encumbrances Total Project
Phase Projects Estimate Estimate Cost as of 6/30/2020 as of 6/30/2020 Cost Budget
Phase III Belair Road improvement $ 2,361,000 $ 2,361,000 $ 2,863,110 $ - $ 200 $ 2,863,310 $ (502,310)
Phase III SR 4/15th @cr 2207(Central Ave) - 117,434 32,233 - - 32,233 85,201
Phase III Old Savannah Road/ Twigg Street 2,060,000 6,182,450 5,852,583 - 328,640 6,181,223 1,227
Phase III Bobby Jones Expressway 165,000 115,461 115,461 - - 115,461 (0)
Phase III Wrightsboro Road 1,984,000 3,072,151 2,993,598 - - 2,993,598 78,554
Phase III Marvin Griffin Road 1,375,600 4,882,034 3,190,895 - 166,716 3,357,611 1,274,424
Phase III Wilkerson Garden - 697,555 497,092 - 55,480 552,572 144,983
Phase III Kimberly Clark Industrial Park 2,215,000 2,215,633 2,177,511 - - 2,177,511 38,122
Phase III Windsor Spring Rd Sec IV - 3,880,813 2,542,286 - 275,059 2,817,345 1,063,468
Phase III Windsor Spring Rd Sec V - 1,854,298 1,859,937 1,158 28,411 1,889,505 (35,207)
Phase III Dover-Lyman Project - 2,000,016 1,801,137 - 285,751 2,086,888 (86,872)
Phase III Broad Street Sanitary Sewer - 240,447 144,004 - - 144,004 96,443
Phase III 6th Street handicap ramp 517,347 611,966 611,966 - - 611,966 0
Phase III Hyde Park Drainage Improvements - 1,207,619 1,206,516 - - 1,206,516 1,103
Phase III Paving - Pats lane Projects - 167,200 146,881 - 20,284 167,165 35
Phase III Frontage Road Resurfacing - 229,335 229,335 - - 229,335 -
Total Construction in Progress $ 10,677,947 $ 30,088,694 $ 26,264,545 $ 1,158 $ 1,160,541 $ 27,426,243 $ 2,159,170
Fund Balance 12/31/19 3,208,460
Current expenditures and project budgets 3,208,460
Available for project costs 0
Construction in Progress
18
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2001
unaudited Current
Prior Year Balance
SPLOST Original Cost Current Cost Years' Cost Encumbrances Total Project
Phase Projects Estimate Estimate Cost as of 6/30/2020 as of 6/30/2020 Cost Budget
Phase IV JLEC reroofing and improvements $ 395,500 $ 413,347 $ 204,666 $ - $ - $ 204,666 $ 208,681
Phase IV JLEC improvements 565,000 977,681 626,532 - - 626,532 351,149
Phase IV Miscellaneous grading & drainage 4,650,000 3,902,934 3,902,934 - - 3,902,934 -
Phase IV Resurfacing County Forces 5,975,000 1,543,542 1,543,542 - - 1,543,542 -
Phase IV Resurfacing 8,500,000 9,168,776 9,168,776 - - 9,168,776 -
Phase IV Rail Road crossing improvement 750,000 101,238 101,238 - - 101,238 -
Phase IV Downtown traffic signal & street light- upgrades-A
(Broad Street Area)
2,656,200 3,358,969 3,333,153 - - 3,333,153 25,816
Phase IV Downtown traffic signal & street light upgrades-B
(Telfair Street Area)
1,469,000 1,268,056 1,268,056 - - 1,268,056 -
Phase IV Wrightsboro Road Widening Phase I 3,143,700 1,730,977 1,354,863 - 7,730 1,362,593 368,384
Phase IV Springfield Village 200,000 200,000 200,000 - - 200,000 -
Phase IV Paving various dirt roads 1,000,000 346,883 346,883 - - 346,883 -
Phase IV East Boundary Street & drainage improvements 1,318,700 171,413 171,413 - - 171,413 -
Phase IV Wrightsboro Road improvements 1,500,000 1,514,968 1,514,968 - - 1,514,968 -
Phase IV Walton Way Extension / Davis Road 350,000 1,208,854 82,892 1,125,692 - 1,208,584 270
Phase IV Windsor Spring Road Section IV 1,250,000 1,469,258 1,469,258 - - 1,469,258 0
Phase IV Windsor Spring Rd Section V(SR88 Hepzibah - 7,484 7,484 - - 7,484 -
Phase IV St. Sebastian Way/Greene St/ 15th Street - 615,600 - 615,599 - 615,599 1
Phase IV Berkmans Road Utilites Relocation - 767,500 390,124 122,653 254,669 767,446 54
Phase IV Recapture - Utilities Projects - 669,571 - - - - 669,571
Phase IV Traffic improvement 621,500 839,626 839,626 - - 839,626 -
Phase IV ANIC/Hopkins Street Improvements 2,000,000 1,333,550 1,074,423 - - 1,074,423 259,127
Phase IV Windsor Spring Road Section IV (Willis Foreman to 678,000 1,859,415 1,859,413 - - 1,859,413 2
Phase IV DDA - 859,248 791,157 - - 791,157 68,091
Phase IV St Sebastian Way/Greene St - 722,700 208,853 - - 208,853 513,847
Phase IV Lake Aumond Dam Improvements - 121,204 108,221 - - 108,221 12,983
Phase IV Belair Hills Estate 7,147,174 7,147,174 - - 7,147,174 (0)
Phase IV Windsor Spring Rd Section V(SR88 Hepzibah - 1,102,789 1,093,365 - - 1,093,365 9,424
Phase IV Augusta Museum of History - 1,135,500 1,133,616 - - 1,133,616 1,884
Phase IV Willis Foreman Road Bridge Study - 155,773 157,708 - - 157,708 (1,935)
Phase IV Willis Foreman Road Bridge - 1,558,209 1,558,209 - - 1,558,209 -
Phase IV Paving Various Roads - Phase X - 1,979,567 1,979,567 - - 1,979,567 -
Phase IV Augusta Levee Certification - 1,140,518 1,064,622 - - 1,064,622 75,896
Phase IV Rocky Creek Drainage Project - 3,857,295 873,450 - - 873,450 2,983,845
Phase IV Bus Barn - 4,397,356 4,397,357 - - 4,397,357 (1)
Phase IV Industry Infrastructure - 822,627 785,408 - - 785,408 37,219
Phase IV On Call Construction Services 100,271 271,162 271,162 - - 271,162 (0)
Phase IV Dover Lyman - 2,396,370 2,396,370 - - 2,396,370 -
Phase IV On Call Appraisal Services 120,000 117,164 117,164 - - 117,164 -
Phase IV Wrightsboro Road Drainage - 806,300 806,242 - - 806,242 58
Phase IV East Augusta - Marion Homes - 1,781,600 1,734,564 - 47,033 1,781,597 3
Phase IV Marvin Griffin Road - 952,600 375,088 - - 375,088 577,512
Phase IV Resurfacing Various Roads - 2,000,000 - - 1,372,819 1,372,819 627,181
Construction in Progress
19
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2001
unaudited Current
Prior Year Balance
SPLOST Original Cost Current Cost Years' Cost Encumbrances Total Project
Phase Projects Estimate Estimate Cost as of 6/30/2020 as of 6/30/2020 Cost Budget
Phase IV Traffic improvements - 500,000 - 106,631 138,957 245,588 254,412
Phase IV Tree Removal, Pruning & Repalcements - 241,650 74,521 36,235 4,798 115,555 126,095
Phase IV Frontage Road - 809,284 809,284 - - 809,284 -
Total Construction in Progress $ 37,242,871 $ 68,345,732 $ 57,343,345 $ 2,006,811 $ 1,826,007 $ 61,176,162 $ 7,169,570
Fund Balance 12/31/19 13,645,953
Current expenditures and project budgets 12,502,387
Available for project costs 1,143,566
20
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2006
unaudited Prior Year Balance
SPLOST Original Cost Current Cost Years' Cost Encumbrances Total Project
Phase Projects Estimate Estimate Cost as of 6/30/2020 as of 6/30/2020 Cost Budget
Phase V Exhibit Hall $ 20,000,000 $ 29,708,450 $ 29,452,314 $ - $ - $ 29,452,314 $ 256,136
Phase V Redundant Fiber Ring 1,000,000 947,254 924,503 - - 924,503 22,751
Phase V Digital Othophotography 286,480 445,504 443,853 - - 443,853 1,651
Phase V Wireless Access Point 200,000 202,079 206,509 - - 206,509 (4,430)
Phase V Software Application Consolidation 1,000,000 377,850 - - 377,850 622,150
Phase V Disaster Recovery Plan 400,000 412,146 404,664 - - 404,664 7,482
Phase V Flood Land Acquisition 500,000 1,960,000 1,957,882 - - 1,957,882 2,118
Phase V Wrightsboro Road Project 4,000,000 6,900,000 5,444,803 619,536 1,195,825 7,260,164 (360,164)
Phase V Marks Church Road Improvement 2,500,000 3,800,000 2,435,379 - 1,014,649 3,450,028 349,972
Phase V D'Antignac Street Flood Avoidance 1,000,000 4,837,815 4,835,602 - - 4,835,602 2,213
Phase V Augusta Soccer Park 180,000 180,077 165,629 - - 165,629 14,448
Phase V Valley Park 22,500 22,541 13,345 - - 13,345 9,196
Phase V Dyess Park 63,000 63,007 33,229 - - 33,229 29,778
Phase V Blythe Park 180,000 223,000 214,848 - - 214,848 8,152
Phase V Recreation recapture - 140,975 - - - - 140,975
Phase V Lucy Craft Laney Museum 200,000 203,036 184,734 - - 184,734 18,302
Phase V
Recreation, Historic, Cultural and Other
Buildings 400,000 405,010 200,298 - - 200,298 204,712
$ 32,984,480 $ 55,713,058 $ 49,749,006 $ 619,536 $ 2,210,474 $ 52,579,016 $3,134,042
Fund Balance 12/31/19 5,838,590
Current expenditures and project budgets 5,838,590
Available for project costs (0)
Construction in Progress
21
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2009
unaudited Current
Prior Year Balance
SPLOST Original Cost Current Cost Years Cost Encumbrances Total Project
Phase Projects Estimate Estimate Costs
as of
6/30/2020 as of 6/30/2020 Cost Budget
Phase VI Webster Detention Center - Phase IIA $ 18,000,000 $ 17,230,000 17,227,817$ -$ -$ 17,227,817$ 2,183$
Phase VI Boathouse Community Facility 450,000 450,000 437,464 - - 437,464 12,536
Phase VI Lake Olmstead Casino 500,000 500,000 118,775 - - 118,775 381,225
Phase VI Lake Olmstead BBQ Pit 100,000 100,000 51,381 - - 51,381 48,619
Phase VI Butler Creek Park 500,000 800,000 854,692 - - 854,692 (54,692)
Phase VI Baurle Boat Ramp 55,000 55,000 44,977 - - 44,977 10,023
Phase VI Bush Field 8,500,000 8,500,000 7,114,038 981,122 385,555 8,480,715 19,285
Phase VI Daniel Field 2,000,000 2,000,000 2,000,000 - - 2,000,000 -
Phase VI Program Administration 2,000,000 2,000,000 1,209,968 - - 1,209,968 790,032
Phase VI Resurfacing Contracts 3,600,000 3,600,000 3,607,847 6,303 - 3,614,149 (14,149)
Phase VI Marvin Griffin Road 4,000,000 5,861,700 6,206,430 - 95,345 6,301,775 (440,075)
Phase VI East Augusta St. & Drainage Imp.3,200,000 3,900,000 3,936,243 1,024 - 3,937,267 (37,267)
Phase VI Berckman Rd. Realignment 400,000 400,000 415,596 - - 415,596 (15,596)
Phase VI Old McDuffie Rd.672,000 672,000 68,594 23,945 - 92,539 579,462
Phase VI Hyde Park St. & Drg Imp.1,600,000 4,500,000 4,498,799 - - 4,498,799 1,201
Phase VI Westside Dr. Drg. Imp.480,000 480,000 27,900 35,600 - 63,500 416,500
Phase VI Marks Church Road over Raes Creek 800,000 800,000 662,100 - - 662,100 137,900
Phase VI North Leg over CSX Railroad 800,000 800,000 - - - - 800,000
Phase VI Berckman Rd. over Raes Creek 800,000 800,000 384,714 - - 384,714 415,286
Phase VI Scotts Way over Raes Creek 800,000 - - - - - -
Phase VI Old Waynesboro Rd. over Spirit Creek 800,000 800,000 801,675 - - 801,675 (1,675)
Phase VI 7th Street over Augusta Canal 800,000 - - - - - -
Phase VI Storm water Utility Implementation Program 2,800,000 2,800,000 2,813,801 - - 2,813,801 (13,801)
Phase VI On-Call Emergency Design Services 108,000 - - - - - -
Phase VI On-Call Emergency Appraisal Services 40,000 26,602 26,602 - - 26,602 -
Phase VI On-Call Emergency Construction Services 800,000 800,000 598,056 - - 598,056 201,944
Phase VI Traffic Sign Upgrade Program 240,000 196,179 196,179 - - 196,179 (0)
Phase VI Lake Olmstead Dredging 3,200,000 3,200,000 442,975 584,991 157,865 1,185,831 2,014,169
Phase VI Hyde Park (Martin Luther King Drive)1,000,000 2,400,000 2,411,524 - - 2,411,524 (11,524)
Phase VI Rocky Creek Drainage Plan 2,800,000 2,800,000 1,424,146 8,086 555,108 1,987,340 812,660
Phase VI Suburban Forces-Resurfacing 2,400,000 1,307,959 1,307,959 - - 1,307,959 (0)
Phase VI Tree Removal, Pruning and Replacement 800,000 1,088,062 1,088,062 - - 1,088,062 -
Phase VI Sidewalks-Rehab-Replacement 800,000 578,376 578,376 - - 578,376 0
Phase VI Curb Cuts and Sidewalks 400,000 650,000 653,434 - - 653,434 (3,434)
Phase VI Resurfacing - Contracts 2,400,000 2,150,000 1,294,349 22,837 27,553 1,344,739 805,261
Phase VI General Bridge Rehab and Maintenance 2,400,000 4,300,000 4,206,168 - 21,881 4,228,049 71,951
Phase VI
Walton Way Signal Phase 2 and Streetlight
Upgrade 640,000 640,000 205,593 - - 205,593 434,407
Phase VI Gordon Highway Lighting Upgrade 1,200,000 1,025,000 1,025,000 180,000 - 1,205,000 (180,000)
Phase VI Reynolds Street Signal Improvements 460,000 108,771 108,771 - - 108,771 (0)
Construction in Progress
22
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2009
unaudited Current
Prior Year Balance
SPLOST Original Cost Current Cost Years Cost Encumbrances Total Project
Phase Projects Estimate Estimate Costs
as of
6/30/2020 as of 6/30/2020 Cost Budget
Phase VI Signal Upgrades 1,000,000 - - - - - -
Phase VI Intersection Safety and Operational Initiative 2,040,000 733,076 733,076 6,270 - 739,346 (6,270)
Phase VI Berckmans road over Reas Creek - 1,625,000 - 598,799 - 598,799 1,026,201
Phase VI Woodbine Road Improvement 1,200,000 - - - - - -
Phase VI Dover-Lyman Street & Drainage Improvement 1,600,000 1,600,000 - - - - 1,600,000
Phase VI I-20 Eastbound Riverwatch Ramp 1,100,000 595,301 264,282 - - 264,282 331,019
Phase VI 15th Street Pedestrian Improvements 800,000 800,000 750,564 - - 750,564 49,436
Phase VI Resurfacing - LMIG Supplement - 1,371,800 - - - - 1,371,800
Phase VI Resurfacing various roads - 300,000 - 131,421 - 131,421 168,579
Phase VI Sidewalks-Rehab-Replacement - 500,000 - - - - 500,000
Phase VI Wilkinsin Garden Area (Hyde Park)- 2,500,000 - - - - 2,500,000
Phase VI Willis Forman Road Improvements - 1,450,000 - - - - 1,450,000
Phase VI Intersection Safety and Upgrades - 500,000 192,295 - - 192,295 307,705
Phase VI Street lighting upgrades - 750,000 180,000 - - 180,000 570,000
Phase VI Tree Removal, Pruning and Replacement - 220,900 140,343 33,130 7,957 181,430 39,470
Resurfacing Projects - 2020
Phase VI Administration - Engineering 10,770,000 8,216,402 8,216,402 - - 8,216,402 0
Phase VI Garden City Beautification Project 500,000 500,000 252,986 - - 252,986 247,014
Phase VI Emergency Fleet Replacement - (fire) 9,500,000 9,500,000 9,500,000 - - 9,500,000 -
Phase VI Training Center Infrastructure 2,000,000 2,000,000 9,055 - - 9,055 1,990,945
Phase VI Public Safety Vehicles 7,500,000 7,500,000 7,784,825 - - 7,784,825 (284,825)
Phase VI Library - Main Branch 1,000,000 1,000,000 994,132 - - 994,132 5,868
Phase VI Library - Maxwell Branch 900,000 900,000 893,201 - - 893,201 6,799
Phase VI Library - Friedman Branch 600,000 600,000 530,798 - - 530,798 69,202
Phase VI Historic Augusta - Wilson & Larmar Historic Sites 125,000 125,000 113,687 - - 113,687 11,313
Phase VI
The Augusta Theatre District Project - Miller
Theatre 6,000,000 6,000,000 6,000,000 - - 6,000,000 -
Phase VI Pendleton King Park Connectivity Improvements 200,000 200,000 200,000 - - 200,000 0
Phase VI Lucy Craft Laney Museum 600,000 600,000 - - - - 600,000
Phase VI Augusta Museum of History 600,000 600,000 599,926 - - 599,926 74
Phase VI Jessye Norman School of the Arts 95,000 95,000 95,000 - - 95,000 -
Phase VI Imperial Theater 1,000,000 1,000,000 1,000,000 - - 1,000,000 -
Phase VI Boys & Girls Club - EW Hegler Club Renovations 500,000 500,000 500,000 - - 500,000 -
Phase VI Augusta Urban Ministries 175,000 175,000 - - - - 175,000
Phase VI
Downtown Infrastructure - Downtown
Development Authority 1,200,000 1,200,000 1,105,925 - - 1,105,925 94,075
Phase VI Industrial Infrastructure - RDA 1,200,000 1,200,000 1,200,027 - - 1,200,027 (27)
Phase VI Canal Improvements - Augusta Canal Authority 4,170,000 4,170,000 4,170,000 - - 4,170,000 -
23
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2009
unaudited Current
Prior Year Balance
SPLOST Original Cost Current Cost Years Cost Encumbrances Total Project
Phase Projects Estimate Estimate Costs
as of
6/30/2020 as of 6/30/2020 Cost Budget
Phase VI Municipal Building Renovations 18,000,000 32,635,850 32,635,850 - - 32,635,850 0
Phase VI Municipal Building Renovation - IT Building 7,000,000 6,960,025 6,960,006 - - 6,960,006 19
Municipal Building Campus 1,114,315 205,685 17,869 223,554 890,761
Phase VI Green Space - CSRA Land Trust 500,000 500,000 45,235 - - 45,235 454,765
Phase VI Capital Equipment - Recreation 150,000 185,000 182,562 - - 182,562 2,438
Phase VI Existing Structures Improvements 895,000 490,000 489,357 - - 489,357 643
Phase VI Augusta Common 100,000 140,000 104,700 - - 104,700 35,300
Phase VI Dyess Park 800,000 297,000 125,984 - - 125,984 171,016
Phase VI May Park 150,000 150,000 148,620 - - 148,620 1,380
Phase VI Old Government House 200,000 200,000 34,087 - - 34,087 165,913
Phase VI Elliot Park 100,000 100,000 50,132 - - 50,132 49,869
Phase VI Fleming Park 250,000 620,000 617,232 - - 617,232 2,768
Phase VI Fleming Tennis Center 600,000 250,000 41,718 - - 41,718 208,282
Phase VI Augusta Soccer Complex 150,000 150,000 23,980 - - 23,980 126,020
Phase VI Diamond Lakes Regional Park 1,350,000 1,350,000 1,295,647 - 34,759 1,330,407 19,593
Phase VI Mc Duffie Woods Park 200,000 200,000 29,725 73,900 - 103,625 96,375
Phase VI Augusta Golf Course 300,000 300,000 180,837 5,219 17,565 203,622 96,378
Phase VI H.H. Brigham Park 250,000 775,000 747,067 5,028 - 752,095 22,905
Phase VI Valley Park 250,000 250,000 288,254 - - 288,254 (38,254)
Phase VI Wood Park 50,000 50,000 - - - - 50,000
Phase VI Brookfield Park 100,000 100,000 46,556 - - 46,556 53,444
Phase VI Eisenhower Park 100,000 100,000 44,080 - - 44,080 55,920
Phase VI Warren Road Park 150,000 150,000 150,257 - - 150,257 (257)
Phase VI Blythe Community Center 500,000 500,000 249,108 - - 249,108 250,892
Phase VI Jamestown Community Center 200,000 200,000 202,478 - - 202,478 (2,478)
Phase VI Augusta Marina 50,000 50,000 50,708 - - 50,708 (708)
Phase VI 4-H Camp 50,000 50,000 23,782 - - 23,782 26,218
Phase VI Tennis Courts Resurfacing 150,000 150,000 125,951 - - 125,951 24,050
Phase VI Swimming Pool Renovations 900,000 575,000 300,148 - - 300,148 274,852
Phase VI Recreation Master Plan 200,000 200,000 200,000 - - 200,000 -
Phase VI Recreation Project Administration 1,000,000 1,100,000 1,091,121 - - 1,091,121 8,879
Phase VI Historic Structures - 503,000 485,651 - - 485,651 17,349
24
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2009
unaudited Current
Prior Year Balance
SPLOST Original Cost Current Cost Years Cost Encumbrances Total Project
Phase Projects Estimate Estimate Costs
as of
6/30/2020 as of 6/30/2020 Cost Budget
Phase VI South Augusta Transit Center 190,000 190,000 148,868 - - 148,868 41,132
Phase VI Augusta Public Transit Facilities - Renovations 125,000 1,125,000 76,656 - - 76,656 1,048,344
Phase VI Transit Vehicles 420,000 420,000 420,000 - - 420,000 -
Phase VI Network Assessment Remediation 250,000 250,000 250,000 - - 250,000 -
Phase VI Redundant Fiber Ring 250,000 250,000 - - - - 250,000
Phase VI Digital Orthophotography 500,000 500,000 408,781 - - 408,781 91,219
Phase VI Software Application Consolidation 1,000,000 1,000,000 709,772 155,895 130,010 995,677 4,323
Phase VI Carrie Mays Park CNG Remediation - 300,000 300,000 - - 300,000 -
TOTAL 167,150,000$ 188,827,318$ 162,761,438$ 3,059,255$ 1,451,468$ 167,272,161$ 24,505,157$
Fund Balance 12/31/19 30,765,780
Current expenditures and project budgets 28,637,580
Available for project costs 2,128,200
25
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2016
unaudited
Current
Prior Year Balance
SPLOST Original Cost Current Cost Years Cost Encumbrances Total Project
Phase Projects Estimate Estimate Costs
as of
6/30/2020 as of 6/30/2020 Cost Budget
Phase 7 SPLOST 7 Program Administration 3,500,000 $ 3,500,000 764,147$ 10,941$ -$ 775,088$ 2,724,912$
Phase 7 Interest on SPLOST 7 GO Bonds 4,000,000 4,000,000 1,575,000 - - 1,575,000 2,425,000
Phase 7 P25 Radio System 15,000,000 15,000,000 7,692,048 253 6,397,707 14,090,009 909,991
Phase 7 TAO/TCO software consolidation 3,500,000 3,500,000 1,483,492 169,324 1,551,371 3,204,187 295,813
Phase 7 MDT Replacement 900,000 900,000 739,884 41,250 - 781,134 118,866
Phase 7 911 Renovations 500,000 500,000 94,644 180 17,140 111,964 388,036
Phase 7 Special Operations Precinct 1,300,000 1,300,000 955,402 - 17,140 972,542 327,458
Phase 7 Marshal's Operation Center 1,000,000 1,000,000 124,255 559,271 191,253 874,779 125,221
Phase 7 Training Range Enhancements 2,200,000 2,200,000 222,237 436,406 198,868 857,510 1,342,490
Phase 7 Public Safety Vehicles - (Law Enforcement) 9,000,000 9,000,000 4,361,045 168,550 1,173,214 5,702,809 3,297,191
Phase 7 New Station 2 - Telfair Street 2,500,000 3,650,000 3,717,798 272,244 - 3,990,042 (340,042)
Phase 7 New Station 3 - Gordon Hwy 2,500,000 3,500,000 355,559 1,993,783 1,120,914 3,470,257 29,743
Phase 7 New Station 20 - South Augusta 2,500,000 1,350,000 - - - - 1,350,000
Phase 7 Emergency Vehicles - Fire 6,000,000 6,000,000 2,879,257 - 1,767,000 4,646,257 1,353,743
Phase 7 Training Center - EOC 1,000,000 1,000,000 - - - - 1,000,000
Phase 7 Fire Station Alerting System 1,100,000 1,100,000 - 363,000 736,830 1,099,830 170
Phase 7 Hyde Park St. & Drg Imp. 6,000,000 5,000,000 5,477,327 56,228 - 5,533,555 (533,555)
Phase 7 On Call Construction 2,350,000 1,880,000 1,274,542 10,031 212,803 1,497,376 382,624
Phase 7 Wrightsboro Road Reconstruction 8,500,000 6,800,000 451,026 693,613 327,816 1,472,454 5,327,546
Phase 7 East Augusta Road and drainage - Phase III 4,500,000 3,600,000 1,640,810 607,593 2,033,393 4,281,796 (681,796)
Phase 7 East Augusta Road and drainage - Phase V 2,500,000 2,000,000 - - - - 2,000,000
Phase 7 ADA sidewalk rehab & replacement 2,000,000 1,600,000 1,476,754 - 32,183 1,508,937 91,063
Phase 7 Machinery and Equipment 1,000,000 1,000,000 495,577 - 140,611 636,188 363,812
Phase 7 Rocky Creek Flood Reduction Improvements 6,650,000 5,320,000 498 - - 498 5,319,502
Phase 7 East Augusta Road and drainage - Phase IV 2,500,000 2,000,000 61,613 - 27,171 88,783 1,911,217
Phase 7 Milling and Resurfacing - Contract/County Forces 1,500,000 1,200,000 790,612 15,273 119,738 925,624 274,376
Phase 7 Monte Sano Ave Improvements 300,000 240,000 - - - - 240,000
Phase 7 Martin Luther King Drive Road Diet 1,000,000 800,000 - - - - 800,000
Phase 7 Skinner Mill Road Widening 750,000 600,000 - - - - 600,000
Phase 7 Walton Way safety & operational improvements 700,000 560,000 - - - - 560,000
Phase 7 Forest Hill Drainage Improvement 400,000 320,000 - - - - 320,000
Phase 7 Paving Dirt Roads 1,000,000 800,000 - - - - 800,000
Phase 7 Fort Gordon gate operation enhancement 1,000,000 1,000,000 - - - - 1,000,000
Phase 7 Grading and Drainage - stromwater 25,000,000 24,130,000 16,504,095 523,624 2,917,085 19,944,804 4,185,196
Phase 7 Administration - Engineering 2,500,000 11,300,000 3,058,197 - - 3,058,197 8,241,803
Phase 7 Fleet Maintenance Facility 1,500,000 1,450,000 137,089 58,111 - 195,200 1,254,800
Phase 7 Existing Facilities upgrades 5,000,000 3,247,870 641,829 497,782 455,422 1,595,033 1,652,837
Phase 7 Probate Court Lobby - 49,520 12,721 - - 12,721 36,799
Phase 7 Central Services Renovations - 580,000 313,225 - - 313,225 266,775
Phase 7 Webster Detention Center - HVAC - 365,000 364,849 - - 364,849 151
Phase 7 RCCI Upgrades - 50,000 40,300 - - 40,300 9,700
Phase 7 Compliance Department Renovations - 40,000 36,864 - - 36,864 3,136
Phase 7 Judicial Center - HVAC - 145,000 142,973 - - 142,973 2,027
Phase 7 Tobacco Road - Pole Barn 147,610 205 - - 205 147,405
Phase 7 HCD Relocatoin - 183,000 - - - - 183,000
Phase 7 Animal Services 500,000 500,000 265,037 354 - 265,391 234,609
Construction in Progress
26
Augusta Georgia
Report of Projects funded through
Special Purpose Local Option Sales Tax (SPLOST)
Year Approved: 2016
unaudited
Current
Prior Year Balance
SPLOST Original Cost Current Cost Years Cost Encumbrances Total Project
Phase Projects Estimate Estimate Costs
as of
6/30/2020 as of 6/30/2020 Cost Budget
Construction in Progress
Phase 7 Records Retention Center 2,500,000 2,500,000 1,663,222 8,661 1,714 1,673,596 826,404
Phase 7 JLEC Demolition 1,500,000 1,500,000 15,423 - 116,879 132,302 1,367,699
Phase 7 Public Defender Building 5,000,000 5,000,000 5,000,000 41,910 74,650 5,116,560 (116,560)
Phase 7 Municipal Campus 35,000,000 35,000,000 1,862,000 - - 1,862,000 33,138,000
Phase 7 Museum Asset Management 1,000,000 1,000,000 - - - - 1,000,000
Phase 7 Library Facilities Renovations 500,000 190,000 157,269 - - 157,269 32,731
Phase 7 Maxwell Branch Library - 310,000 309,898 - - 309,898 102
Phase 7 Sports Facilities 1,750,000 1,141,000 - - - - 1,141,000
Phase 7 Swimming Pools 2,000,000 1,920,500 - - - - 1,920,500
Phase 7 ADA, Reforestation & Cemetery Improvements 1,000,000 955,000 - - - - 955,000
Phase 7 Community Center Improvements 4,000,000 1,683,500 - - - - 1,683,500
Phase 7 Hiking/Biking Trails & Riverwalk Enhancements 4,000,000 4,000,000 - - - - 4,000,000
Phase 7 Neighborhood Parks/Urban Parks 4,000,000 1,360,000 - - - - 1,360,000
Phase 7 May Park - 50,000 42,020 - - 42,020 7,980
Phase 7 Bernie Ward Community Center - 250,000 245,940 - - 245,940 4,060
Phase 7 Capital Equipment - Recreation - 50,000 24,550 - - 24,550 25,450
Phase 7 Lake Olmstead Park - 145,000 42,600 - 102,400 145,000 -
Phase 7 Fleming Park - 695,000 163,064 - 88,591 251,655 443,345
Phase 7 Diamond Lakes - 675,000 664,647 - - 664,647 10,354
Phase 7 Jamestown Park - 52,500 39,350 5,500 7,650 52,500 -
Phase 7 The Boathouse - 225,000 158,122 - 65,560 223,682 1,318
Phase 7 Hillside Park - 125,000 100,000 - - 100,000 25,000
Phase 7 Augusta Common - 125,000 110,420 - - 110,420 14,580
Phase 7 Minnick - 125,000 125,000 - - 125,000 -
Phase 7 Wood Park - 350,000 324,919 - - 324,919 25,081
Phase 7 Hickman Park - 125,000 23,729 - 101,271 125,000 -
Phase 7 Augusta Soccer Park - 109,000 94,000 - - 94,000 15,000
Phase 7 McDuffie Woods - 125,000 124,994 - - 124,994 6
Phase 7 Gracewood - 150,000 126,500 - - 126,500 23,500
Phase 7 Henry Brigham Center - 275,000 269,071 - - 269,071 5,929
Phase 7 Warren Road - 225,000 209,060 - - 209,060 15,940
Phase 7 Augusta Aquatics Center - 2,109,000 34,405 560,227 1,439,733 2,034,365 74,635
Phase 7 Augusta Golf Course - 50,000 34,405 - - 34,405 15,595
Phase 7 Aquatic Center Pool - 39,750 - - - 39,750
Phase 7 Brigham Pool - 39,750 - - - 39,750
Phase 7 Recreation - Administration 750,000 750,000 351,441 - 130,000 481,441 268,559
Phase 7 Public Art Gateway Beautification 1,000,000 1,000,000 6,000 - - 6,000 994,000
Phase 7 Augusta Canal Authority 1,500,000 1,500,000 700,000 400,000 - 1,100,000 400,000
Phase 7 Modernize James Brown Arena 6,000,000 6,000,000 6,000,000 - - 6,000,000 -
Phase 7 City of Blythe 1,900,000 1,900,000 1,900,000 - - 1,900,000 -
Phase 7 City of Hephzibah 6,500,000 6,500,000 6,500,000 - - 6,500,000 -
Phase 7 Buses 1,350,000 1,350,000 - - - - 1,350,000
Phase 7 Bus Shelters 650,000 650,000 12,748 48,450 414,539 475,737 174,263
TOTAL 215,550,000$ 216,733,000$ 85,585,705$ 7,542,560$ 21,980,646$ 115,108,911$ 101,624,089$
27
Commission Meeting Agenda
9/1/2020 2:00 PM
A/V Solution for Tax Commissioner's Office
Department:Tax Commissioner's Office
Department:Tax Commissioner's Office
Caption:Motion to approve purchase of updated audio/visual equipment
for conference rooms in Tax Commissioner’s offices at:
Municipal Building, South Augusta Tag Office, and West
Augusta Tag Office.
Background:This project derived from the need to replace aged and failing
audio/visual equipment in the conference rooms in the Tax
Commissioner’s suite at the Municipal Building, as well as at
the South and West Augusta Tag Offices. The existing
audio/visual set ups, which center around eleven-year-old
Smartboards, are antiquated and fail frequently. These
Smartboards lack fundamental and essential features of any
modern conference room setting, including—but not limited
to—video teleconferencing, adequate sound reinforcement, and
the ability to cast from various devices to one central screen or
point of focus. This deficiency affects the ability to hold
meetings on site, incorporate meeting participants from off site,
host visiting officials from other businesses or governing bodies,
and participate in engaging employee training. issues and bolster
our ability to continue to project an image of Richmond County
as being among the most technologically savvy, forward, and
capable counties within the state. For these reasons, we submit
this Agenda Item for approval. IT has tried to remedy the issue
unsuccessfully and has also recommended we replace them.
Analysis:N/A
Financial Impact:Total cost of $65,000, with funds derived from available funding
remaining in the pre-approved budget for the Office of the Tax
Commissioner for 2020.
Alternatives:None
Cover Memo
Recommendation:That this request be approved.
Funds are
Available in the
Following
Accounts:
No fund are being requested.
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
Funding 2020 Census Count
Department:
Department:
Caption:Motion to approve $50,000 funding request to assist Greater
Augusta’s Interfaith Coalition's Total Census Count Initiative.
To support census responses from hard to count citizens and
the support for 15 sites of activities for respondents of the local
Census Count. (Requested by Commissioner Bill Fennoy)
Background:On June 2, 2020 Rev. Rev. Christopher G. Johnson, Greater
Augusta’s Interfaith Coalition appeared before the commission
requesting funding assistance for its – Total Census Count
Initiative. No action was taken by the Commission.
The U.S. Census Bureau announced on August 3rd they would
cease collections on September 30 instead of October 31, as
previously advertised. Thereby shortening the 2020 Census Self-
Response Phase to end by September 30. The COVID-19
pandemic delayed the start of census taker visits from mid-May
to mid-August. Census results shape the future of communities,
as census data informs how billions of dollars in federal funds
are distributed for health clinics, school lunch programs, disaster
recovery initiatives, and other critical programs and services for
the next 10 years.
Analysis:According to GMA/ACCG this will impact many census
outreach plans, campaigns, or promotions local complete count
committee or cities/counties may have planned. Georgia is still
lagging behind the national average in collections and only 89
counties have crossed over the 50% response rate mark.
U.S.Census Bureau shows Georgia rank 58.9% and Richmond
County 56.3%
Financial Impact:
Alternatives:
Cover Memo
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
9/1/2020 2:00 PM
URA - Laney Walker/Bethlehem Bonds Series 2020
Department:Finance
Department:Finance
Caption:Approve resolution authorizing execution of the
intergovernmental agreements (IGA) and related documents
with the Urban Redevelopment Agency (URA) to issue bonds
for the Laney Walker Bethlehem redevelopment project.
Background:The URA issued bond in 2015 for the Laney Walker Bethlehem
urban redevelopment project. These bonds are due October 1,
2020 and it is necessary for Augusta to enter into an IGA with
the URA to issue new bonds. Funds from the new bonds will be
used to satisfy the October 1, 2020 debt service and provide
additional funding for the continuation of the redevelopment
program.
Analysis:Issuance of bonds allows the redevelopment of the Laney
Walker Bethlehem project to continue. The commission
authorized the drafting of the attached documents on July 21,
2020. With this approval no further action will be required from
the commission for issuance of the 2020 bond series.
Financial Impact:As the 2010 series bonds are due October 1, 2020 the issuance is
necessary to pay the bonds. Funding for annual debt service is
provided by form a portion of the tourism fee.
Alternatives:no practical alternatives
Recommendation:Approve documents required to proceed with issuance of bonds.
Funds are
Available in the
Following
Accounts:
Fund 950 Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
54048718.v3
AUTHORIZING RESOLUTION
WHEREAS, the Augusta-Richmond County Commission (the “Commission”), which is
the governing body of Augusta, Georgia (the “Consolidated Government”), in order to exercise
the powers conferred upon the Consolidated Government by Chapter 61 of Title 36 of the
Official Code of Georgia Annotated, entitled the “Urban Redevelopment Law,” as amended (the “Urban Redevelopment Law”), adopted a resolution on March 16, 2010, finding that one or more slum areas exist in Augusta, Georgia and that the rehabilitation, conservation, or redevelopment,
or a combination thereof, of such area or areas is necessary in the interest of the public health,
safety, morals, or welfare of the residents of Augusta, Georgia; and
WHEREAS, the Commission, by resolution adopted on March 16, 2010, designated the area covered by the hereinafter described urban redevelopment plan as a “slum area” that the Commission designated as appropriate for urban redevelopment projects; and
WHEREAS, the Commission held public hearings on March 22, 2010 and April 1, 2010,
on a proposed urban redevelopment plan entitled “Laney-Walker and Bethlehem Urban
Redevelopment Plan” (the “Plan”), a copy of which is on file with the Consolidated Government; and
WHEREAS, public notice of such public hearings was published in The Augusta
Chronicle, a newspaper having a general circulation in the area of operation of the Consolidated
Government, and proof of such publication is on file with the Consolidated Government; and
WHEREAS, the Commission, by resolution adopted on April 1, 2010, approved the Plan and the urban redevelopment projects set forth therein; and
WHEREAS, the Urban Redevelopment Agency of Augusta (the “Agency”) is a public
body corporate and politic duly created and validly existing under and pursuant to the Urban
Redevelopment Law; and
WHEREAS, the Consolidated Government, by resolution adopted on April 1, 2010, activated the Agency and elected to have the Agency exercise the Consolidated Government’s
“urban redevelopment project powers” under the Urban Redevelopment Law, and the Agency’s
commissioners have been appointed as provided in the Urban Redevelopment Law and are
currently acting in that capacity; and
WHEREAS, an Act of the General Assembly of the State of Georgia, which became
effective on July 1, 2015, amended the Urban Redevelopment Law to substitute the terms
“pocket of blight” and “pocket of blight clearance and redevelopment,” for the terms “slum area”
and “slum clearance and redevelopment,” although the meanings assigned to such terms were not
amended; and
WHEREAS, the Urban Redevelopment Law authorizes the Consolidated Government to
appropriate such funds and make such expenditures as may be necessary to carry out the
purposes of the Urban Redevelopment Law and to levy taxes and assessments for such purposes;
and
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54048718.v3
WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government to contract for any period not
exceeding fifty years with any public corporation or public authority for joint services, for the
provision of services, or for the joint or separate use of facilities or equipment, if such contract
deals with activities, services, or facilities that the contracting parties are authorized by law to
undertake or provide; and
WHEREAS, the Agency, by a Master Bond Resolution duly adopted on September 9,
2015, as supplemented by a Supplemental Series 2015 Bond Resolution duly adopted by the
Agency on September 24, 2015, authorized, issued, and delivered $11,840,000 in original
aggregate principal amount of its Revenue Bonds (Laney-Walker and Bethlehem Project), Federally Taxable Series 2015 (the “Series 2015 Bonds”), for the purpose of obtaining funds to finance and refinance the costs of acquiring, constructing, and installing certain urban
redevelopment projects contemplated by the Plan, and the Series 2015 Bonds are now
outstanding in the aggregate principal amount of $10,390,000; and
WHEREAS, after careful study and investigation, the Agency has heretofore further determined that funds are needed in order for the Agency to finance additional costs of acquiring, constructing, and installing certain urban redevelopment projects contemplated by the Plan; and
WHEREAS, the Agency proposes to issue, sell, and deliver its revenue bond to be
known as “Urban Redevelopment Agency of Augusta Revenue Bond (Laney-Walker and
Bethlehem Project), Federally Taxable Series 2020” (the “Series 2020 Bond”), in the original principal amount of $__________, for the purpose of obtaining funds to refund the outstanding Series 2015 Bonds, all of which are maturing on October 1, 2020 (the “Refunded Bonds”), to
finance the costs of acquiring, constructing, and installing certain urban redevelopment projects
contemplated by the Plan (the “2020 Project”), and to finance related costs; and
WHEREAS, the Agency has requested that, in consideration for the Agency’s continued implementation of the Plan for the benefit of the residents of the Consolidated Government, the
Consolidated Government enter into an Intergovernmental Service Agreement (the
“Agreement”), to be dated as of the date of its execution and delivery (or such other date agreed
to by the parties thereto), with the Agency, the form of which Agreement has been filed with the
Consolidated Government and submitted to the Commission, with respect to the refunding of the Refunded Bonds and the acquisition, construction, and installation of the 2020 Project, under the
terms of which the Consolidated Government (1) will agree to make payments to the Agency in
amounts sufficient to enable the Agency to pay the principal of, premium, if any, and interest on
the Series 2020 Bond when due, and (2) will agree to levy an annual ad valorem tax on all
taxable property located within the territorial limits of the Consolidated Government, at such rate or rates, within the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II
of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive),
now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant
to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872,
inclusive) (the “Constitutional Amendment”), or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are
sufficient to fulfill the Consolidated Government’s obligations under the Agreement; and
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54048718.v3
WHEREAS, the Agency adopted a Master Bond Resolution on August 17, 2020, as supplemented by a Supplemental Series 2020 Bond Resolution duly adopted by the Agency on
September 1, 2020 (collectively the “Bond Resolution”), authorizing the issuance of the Series
2020 Bond; and
WHEREAS, pursuant to the Bond Resolution, the payments to be received by the
Agency from the Consolidated Government pursuant to the Agreement are pledged to, and a first priority lien is created thereon as security for, the payment of principal of, premium, if any, and
interest on the Series 2020 Bond and any Additional Bonds (as defined in the Bond Resolution)
that may be issued; and
WHEREAS, the Bond Resolution sets forth, among other things, the interest rate that the
Series 2020 Bond will bear and the principal amount of the Series 2020 Bond that will be payable in each year, and the Agency has furnished the Consolidated Government with a
certified copy of the Bond Resolution in order that any payments required to be made by the
Consolidated Government under the Agreement may be accurately computed and conclusively
established; and
WHEREAS, the Agency proposes to sell the Series 2020 Bond to ___________ (the “Bond Buyer”), pursuant to a Bond Purchase Agreement, to be dated the date of its execution
and delivery (the “Bond Purchase Agreement”), among the Agency, the Consolidated
Government, and the Bond Buyer; and
WHEREAS, after careful study and investigation, the Consolidated Government desires
to enter into the Agreement and the Bond Purchase Agreement (collectively the “Contracts”);
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission as follows:
1. The form, terms, and conditions and the execution, delivery, and performance of the
Contracts, which have been filed with the Consolidated Government, are hereby approved and
authorized. The Contracts shall be in substantially the forms submitted to the Commission with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be
approved by the General Counsel of the Consolidated Government, whose approval thereof shall
be conclusively evidenced by the execution of the Contracts.
2. The Mayor of the Consolidated Government is hereby authorized and directed to
execute on behalf of the Consolidated Government the Contracts, and the Clerk of Commission of the Consolidated Government is hereby authorized and directed to affix thereto and attest the
seal of the Consolidated Government, upon proper execution and delivery of the other parties
thereto, provided, that in no event shall any such attestation or affixation of the seal of the
Consolidated Government be required as a prerequisite to the effectiveness thereof, and the
Mayor and Clerk of Commission of the Consolidated Government are authorized and directed to deliver the Contracts on behalf of the Consolidated Government to the other parties thereto, and
to execute and deliver all such other contracts, instruments, documents, affidavits, or certificates
(including, without limitation, in connection with the validation of the Series 2020 Bond in the
manner provided by law) and to do and perform all such things and acts as each shall deem
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54048718.v3
necessary or appropriate in furtherance of the issuance of the Series 2020 Bond and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and
documents referred to in this Resolution. In the absence of the Mayor, the Mayor Pro Tempore
may take any action, or execute and deliver any document, agreement, or other writing, which
the Mayor is authorized to execute and deliver pursuant to this Resolution. An Assistant or
Deputy Clerk of Commission may attest any execution of any document, agreement, or writing by the Mayor or the Mayor Pro Tempore, in the same manner as the Clerk of Commission would
be authorized to attest any such execution.
3. This Resolution and the Contracts, as approved by this Resolution, which are hereby
incorporated in this Resolution by this reference thereto, shall be placed on file at the office of
the Consolidated Government and made available for public inspection by any interested party immediately following the passage and approval of this Resolution.
PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 1st day of
September 2020.
(SEAL)
AUGUSTA, GEORGIA
By:
Mayor
Attest:
Clerk of Commission
54048718.v3
CLERK OF COMMISSION’S CERTIFICATE
I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of
Augusta, Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the
foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted
on September 1, 2020, by the Augusta-Richmond County Commission (the “Commission”) in a
meeting duly called and assembled in accordance with applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____ Nay, which meeting was
open to the public and at which a quorum was present and acting throughout, and that the
original of the foregoing resolution appears of public record in the Minute Book of the
Commission, which is in my custody and control.
GIVEN under my hand and the seal of the Consolidated Government, this 1st day of September 2020.
(SEAL)
Clerk of Commission
54037927.v2
URBAN REDEVELOPMENT AGENCY OF AUGUSTA
(a public body corporate and politic created and existing under the laws of the State of Georgia)
and
AUGUSTA, GEORGIA
(a political subdivision created and existing
under the laws of the State of Georgia)
INTERGOVERNMENTAL SERVICE AGREEMENT
Dated as of __________, 2020
THE RIGHTS AND INTEREST OF THE URBAN REDEVELOPMENT AGENCY OF AUGUSTA IN THIS INTERGOVERNMENTAL SERVICE AGREEMENT AND THE REVENUES AND RECEIPTS DERIVED THEREFROM, EXCEPT FOR ITS
UNASSIGNED RIGHTS, AS DEFINED HEREIN, HAVE BEEN COLLATERALLY
ASSIGNED AND PLEDGED TO SECURE THE BONDHOLDERS (AS DEFINED
HEREIN) PURSUANT TO A MASTER BOND RESOLUTION ADOPTED BY THE URBAN REDEVELOPMENT AGENCY OF AUGUSTA ON AUGUST 17, 2020, AS SUPPLEMENTED AND AMENDED BY A SUPPLEMENTAL SERIES 2020 BOND
RESOLUTION ADOPTED BY THE URBAN REDEVELOPMENT AGENCY OF
AUGUSTA ON SEPTEMBER __, 2020.
(i)
54037927.v2
INTERGOVERNMENTAL SERVICE AGREEMENT
TABLE OF CONTENTS
(This Table of Contents is not a part of this Agreement
and is only for convenience of reference.)
Page
PARTIES AND RECITALS............................................................................................................1
ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL
APPLICATION ..........................................................................................................2
Section 1.01. Definitions..............................................................................................2
Section 1.02. Construction of Certain Terms ...............................................................6 Section 1.03. Table of Contents; Titles and Headings .................................................6
Section 1.04. Contents of Certificates or Opinions......................................................7
ARTICLE II REPRESENTATIONS AND UNDERTAKINGS .....................................................8
Section 2.01. Representations by the Agency ..............................................................8
Section 2.02. Representations by the Consolidated Government ..............................10 Section 2.03. Reliance by Bondholders .....................................................................13
ARTICLE III SECURITY .............................................................................................................14
Section 3.01. Security for Payments under this Agreement ......................................14
Section 3.02. Security for the Bonds .........................................................................16
ARTICLE IV THE 2020 PROJECT; ISSUANCE OF THE BONDS; PROJECT FUND ............17
Section 4.01. Agreement to Undertake 2020 Project .................................................17
Section 4.02. Agreement to Issue the Series 2020 Bond; Application of
Proceeds ...............................................................................................17
Section 4.03. Application of Monies in the Project Fund ..........................................17
Section 4.04. Disbursements from the Project Fund..................................................18 Section 4.05. Obligation of the Parties to Cooperate in Furnishing
Documents; Reliance of the Project Fund Depository .........................19
Section 4.07. Consolidated Government Required to Pay Project Costs in
Event Project Fund Insufficient ...........................................................19
Section 4.08. Authorized Consolidated Government and Agency Representatives and Successors ...........................................................19
Section 4.09. Enforcement of Remedies against Contractors and
Subcontractors and their Sureties and Against Manufacturers ............19
Section 4.10. Investment of Funds and Accounts ......................................................20
Section 4.11. Special Investment Covenants .............................................................20 Section 4.12. Calculation and Payment of Rebate Amount .......................................20
Page
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54037927.v2
Section 4.13. Additional Bonds .................................................................................21
ARTICLE V OWNERSHIP OF PROJECTS; PAYMENT PROVISIONS; NATURE OF
OBLIGATIONS OF CITY .......................................................................................22
Section 5.01. Term of Agreement ..............................................................................22
Section 5.02. Agency Ownership of Projects ............................................................22 Section 5.03. Consolidated Government’s Payment Obligations ..............................22
Section 5.04. Place of Payments ................................................................................24
Section 5.05. Nature of Obligations of Consolidated Government Hereunder .........24
Section 5.06. Revenues from the Projects .................................................................25
ARTICLE VI ADDITIONAL COVENANTS ..............................................................................26
Section 6.01. Indemnity .............................................................................................26
Section 6.02. Tax-Exempt Status of Tax-Exempt Bonds ..........................................26
ARTICLE VII ASSIGNMENT; PREPAYMENTS ......................................................................27
Section 7.01. No Assignment by Consolidated Government ....................................27
Section 7.02. Redemption of Bonds ..........................................................................27 Section 7.03. Prepayment ..........................................................................................27
Section 7.04. Option to Prepay the Payments and Redeem the Series 2020
Bond at Prior Optional Redemption Dates ..........................................27
ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES ......................................................28
Section 8.01. Events of Default Defined ...................................................................28 Section 8.02. Remedies on Default ............................................................................29
Section 8.03. No Remedy Exclusive..........................................................................29
Section 8.04. Agreement to Pay Fees and Expenses .................................................29
Section 8.05. Waiver of Events of Default ................................................................29
ARTICLE IX MISCELLANEOUS ...............................................................................................31
Section 9.01. Notices .................................................................................................31
Section 9.02. Construction and Binding Effect .........................................................31
Section 9.03. Severability ..........................................................................................32
Section 9.04. Amounts Remaining in Funds .............................................................32
Section 9.05. Amendments, Changes, and Modifications .........................................32 Section 9.06. Execution of Counterparts ...................................................................32
Section 9.07. Law Governing Construction of this Agreement .................................32
Section 9.08. Immunity of Officials, Officers, and Employees of Agency and
Consolidated Government ...................................................................32
SIGNATURES AND SEALS ........................................................................................................34
Page
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54037927.v2
EXHIBIT A - DESCRIPTION OF 2015 PROJECT .................................................................. A-1
EXHIBIT B - DESCRIPTION OF 2020 PROJECT....................................................................B-1
EXHIBIT C - DOCUMENTATION PURSUANT TO SECTION 2.02(J) .................................C-1
54037927.v2
INTERGOVERNMENTAL SERVICE AGREEMENT
This INTERGOVERNMENTAL SERVICE AGREEMENT, dated as of __________,
2020, by and between the Urban Redevelopment Agency of Augusta (the “Agency”), a public body
corporate and politic created and existing under the laws of the State of Georgia, and Augusta,
Georgia (the “Consolidated Government”), a political subdivision created and existing under the
laws of the State of Georgia;
W I T N E S S E T H:
WHEREAS, the Agency and the Consolidated Government are authorized under the
Constitution and laws of the State of Georgia to enter into this Agreement for the purposes set forth
herein;
NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained, the parties hereby agree as follows:
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54037927.v2
ARTICLE I
DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION
Section 1.01. Definitions. Certain words and terms used in this Agreement are defined
herein. When used herein, such words and terms shall have the meanings given to them by the
language employed in this Article I defining such words and terms, unless the context clearly indicates otherwise. In addition to the words and terms defined elsewhere herein, the following
words and terms are defined terms under this Agreement:
“Additional Bonds” means the additional parity Bonds authorized to be issued by the
Agency pursuant to the terms and conditions of Section 2.9 of the Bond Resolution.
“Additional Contract” means a contract or supplemental agreement entered into after the date hereof binding the Consolidated Government pursuant to Article IX, Section III, Paragraph I of
the Constitution of the State of Georgia of 1983, pursuant to the terms of which a payment obligation
is created or expanded from the Consolidated Government to the other party to such contract.
“Additions” or “Alterations” means modifications, repairs, renewals, improvements,
replacements, alterations, additions, enlargements, or expansions in, on, or to the Projects, including any and all machinery, furnishings, and equipment therefor.
“Agency” means the Urban Redevelopment Agency of Augusta, a public body corporate and
politic created and existing under the laws of the State, the party of the first part hereto, and its
successors and assigns.
“Agreement” means the within Intergovernmental Service Agreement between the Agency and the Consolidated Government, as the same may be amended from time to time in accordance
with the provisions hereof.
“Authorized Agency Representative” means the person at the time designated to act on
behalf of the Agency by written certificate furnished to the Consolidated Government and the
Project Fund Depository, containing the specimen signature of such person and signed on behalf of the Agency by the Chairman or Vice Chairman of its Governing Body. Such certificate or any
subsequent or supplemental certificate so executed may designate an alternate or alternates.
“Authorized Consolidated Government Representative” means the person at the time
designated to act on behalf of the Consolidated Government by written certificate furnished to the
Agency and the Project Fund Depository, containing the specimen signature of such person and signed on behalf of the Consolidated Government by its Mayor. Such certificate or any subsequent
or supplemental certificate so executed may designate an alternate or alternates.
“Bond Buyer” means, for purposes of the Series 2020 Bond, ________________.
“Bond Counsel” means any firm of nationally recognized bond counsel experienced in
matters relating to tax-exempt financing, appointed by the Consolidated Government.
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54037927.v2
“Bond Resolution” means the Master Bond Resolution adopted by the Governing Body of the Agency on August 17, 2020,as it may from time to time be modified, supplemented, or amended
by Supplemental Resolutions, authorizing the issuance and sale of the Bonds and the security
therefor.
“Bondholders” means the Persons in whose names any of the Bonds are registered on the
registration books of the Agency.
“Bonds” means the Series 2020 Bond and all series of Additional Bonds from time to time
authenticated and delivered under the Bond Resolution.
“Code” means the Internal Revenue Code of 1986, as amended.
“Consolidated Government” means Augusta, Georgia, a political subdivision created and
existing under the laws of the State, the party of the second part hereto, and its successors and assigns.
“Constitutional Amendment” means an amendment to Article VII, Section I, Paragraph II
of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now
specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act
of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive).
“Contracts” means the 2004 Solid Waste Authority Contract, the Prior Contracts, this
Agreement, and all Additional Contracts.
“Costs of the Project” means those costs and expenses in connection with undertaking of
the 2020 Project permitted by Section 4.03 hereof to be paid or reimbursed from proceeds of the
Bonds.
“Event of Default” means any event specified in Section 8.01 of this Agreement.
“Fiscal Year” means any period of twelve consecutive months adopted by the Consolidated
Government as its fiscal year for financial reporting purposes and will initially mean the period
beginning on January 1 of each calendar year and ending on December 31 of the same calendar year.
“Governing Body” means, in the case of the Agency, the Board of Commissioners of the Agency and, in the case of the Consolidated Government, the Augusta-Richmond County
Commission.
“Institutional Bonds” has the meaning set forth in the Bond Resolution.
“Moody’s” means Moody’s Investors Service, Inc. or, if such corporation is dissolved or
liquidated or otherwise ceases to perform securities rating services, such other nationally recognized securities rating agency as may be designated in writing by the Consolidated Government. The
notice address of Moody’s shall be 99 Church Street, New York, New York 10007.
“Permitted Investments” means obligations in which the Agency is permitted to invest
monies of the Agency pursuant to applicable law that have (or are collateralized by obligations that
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54037927.v2
have) a Rating by any Rating Agency which is equal to or greater than the third highest long term Rating of such Rating Agency, or that bears (or are collateralized by obligations that bear) the
second highest short-term Rating of such Rating Agency.
“Person” means natural persons, firms, joint ventures, associations, trusts, partnerships,
corporations, and public bodies.
“Prior Contracts” means, collectively, the Intergovernmental Contract, dated as of December 7, 2010, between the Solid Waste Management Authority of Augusta and the
Consolidated Government; the Agreement of Sale, dated as of August 1, 2010, between the Augusta-
Richmond County Coliseum Authority and the Consolidated Government; the Intergovernmental
Service Agreement, dated as of August 1, 2010, between the Augusta-Richmond County Coliseum
Authority and the Consolidated Government; the Intergovernmental Agreement, dated as of August 1, 2014, between the Agency and the Consolidated Government; the Agreement of Sale, dated as of
July 1, 2017, between the Agency and the Consolidated Government; the Intergovernmental
Redevelopment Agreement, dated as of May 1, 2018, between the Agency and the Consolidated
Government; and the Agreement of Sale, dated as of _________, 201_, between the Agency and the
Consolidated Government; as the same may be supplemented and amended from time to time in accordance with the provisions thereof.
“Project Fund” means the Project Fund created in Section 4.2 of the Bond Resolution and
referred to herein.
“Project Fund Depository” means initially _____________, ______, Georgia, and its
successors and assigns, or any successor depository for the Project Fund hereafter appointed by the Agency at the direction of the Consolidated Government; provided, however, the Project Fund
Depository shall at all times be a commercial bank.
“Projects” means collectively the 2015 Project and the 2020 Project.
“Rating” means a rating in one of the categories by a Rating Agency, disregarding pluses,
minuses, and numerical gradations.
“Rating Agencies” or “Rating Agency” means Moody’s and Standard & Poor’s or any
successors thereto and any other nationally recognized credit rating agency then maintaining a rating
on any Bonds at the request of the Consolidated Government. If at any time a particular Rating
Agency does not have a rating outstanding with respect to the relevant Bonds, then a reference to
Rating Agency or Rating Agencies shall not include such Rating Agency.
“Rebate Amount” means the rebatable arbitrage in connection with any Tax-Exempt Bonds
that is payable to the United States Treasury pursuant to Section 148(f) of the Code and any
Regulations proposed or promulgated in connection therewith.
“Rebate Calculator” means any recognized bond counsel, recognized firm of certified
public accountants, or other firm reasonably acceptable to the Agency, which is expert in making the calculations required by Section 148(f) of the Code, appointed by the Consolidated Government
pursuant to Section 4.12 hereof to make the calculations required by Section 148(f) of the Code and
any Regulations proposed or promulgated in connection therewith.
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54037927.v2
“Refunded Bonds” means the revenue bonds designated “Urban Redevelopment Agency of Augusta Taxable Revenue Bonds (Laney-Walker and Bethlehem Project), Series 2015,” maturing on
October 1, 2020, now outstanding in the aggregate principal amount of $10,390,000.
“Regulations” means the Treasury Regulations promulgated under and pursuant to the Code.
“Series 2020 Bond” means the revenue bond designated “Urban Redevelopment Agency of
Augusta Revenue Bond (Laney-Walker and Bethlehem Project), Federally Taxable Series 2020,” to be dated the date of issuance and delivery thereof, in the original principal amount of $__________,
to be issued pursuant to the Bond Resolution.
“Sinking Fund” means the Sinking Fund created in Section 4.2 of the Bond Resolution and
referred to herein.
“Sinking Fund Custodian” means any commercial bank appointed by the Agency at the direction of the Consolidated Government to serve as the custodian for the Sinking Fund, or any
successor custodian for the Sinking Fund hereafter appointed by the Agency at the direction of the
Consolidated Government; provided, however, the Sinking Fund Custodian shall at all times be a
commercial bank. There shall initially be no Sinking Fund Custodian.
“Standard and Poor’s” or “S&P” means Standard & Poor’s Ratings Services, a division of The McGraw-Hill Companies, Inc., or, if such corporation is dissolved or liquidated or otherwise
ceases to perform securities rating services, such other nationally recognized securities rating agency
as may be designated in writing by the Consolidated Government. The notice address of Standard &
Poor’s shall be 55 Water Street, New York, New York 10041.
“State” means the State of Georgia.
“Tax-Exempt Bonds” means any Bonds the interest on which has been determined, in an
unqualified opinion of Bond Counsel, to be excludable from the gross income of the owners thereof
for federal income tax purposes.
“2004 Solid Waste Authority Contract” means the Intergovernmental Contract, dated as of
September 1, 2004, between the Solid Waste Management Authority of Augusta and the Consolidated Government, as the same may be supplemented and amended from time to time in
accordance with the provisions thereof.
“2015 Project” means the urban redevelopment projects that were financed or refinanced in
whole or in part from the proceeds of the Refunded Bonds, and all related property both real and
personal, all as more particularly described in Exhibit A attached hereto, which, by this reference thereto, is incorporated herein.
“2020 Project” means the urban redevelopment projects to be acquired, constructed, and
installed in whole or in part from the proceeds of the Series 2020 Bond, and all related property both
real and personal, all as more particularly described in Exhibit B attached hereto, which, by this
reference thereto, is incorporated herein.
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“Unassigned Rights” means all of the rights of the Agency to receive reimbursements and payments pursuant to Sections 5.03(b), 6.01, and 8.04 hereof, to give consents and approvals
pursuant to Section 4.01 hereof, and to be held harmless and indemnified pursuant to Section 6.01
hereof.
“Urban Redevelopment Area” means the area described in the Urban Redevelopment Plan
that the Governing Body of the Consolidated Government designated as appropriate for urban redevelopment projects.
“Urban Redevelopment Law” means Chapter 61 of Title 36 of the Official Code of
Georgia Annotated, entitled the “Urban Redevelopment Law,” as amended, and as the same may be
from time to time additionally supplemented and amended.
“Urban Redevelopment Plan” means the urban redevelopment plan of the Consolidated Government entitled the “Laney-Walker and Bethlehem Urban Redevelopment Plan,” a copy of
which is on file with the Consolidated Government.
Section 1.02. Construction of Certain Terms. For all purposes of this Agreement, except
as otherwise expressly provided or unless the context otherwise requires, the following rules of
construction shall apply:
(1) The use of the masculine, feminine, or neuter gender is for convenience only and
shall be deemed and construed to include correlative words of the masculine, feminine, or
neuter gender, as appropriate.
(2) “This Agreement” means this instrument as originally executed or as it may from
time to time be supplemented or amended by one or more agreements of sale supplemental hereto entered into pursuant to the applicable provisions hereof.
(3) All references in this instrument to designated “Articles,” “Sections,” and other
subdivisions are to the designated Articles, Sections, and other subdivisions of this
instrument. The words “herein,” “hereof,” and “hereunder” and other words of similar
import refer to this Agreement as a whole and not to any particular Article, Section, or other subdivision.
(4) The terms defined in this Article shall have the meaning assigned to them in this
Article and include the plural as well as the singular.
(5) All accounting terms not otherwise defined herein have the meanings assigned to
them in accordance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants, on and as of the date of this instrument.
Section 1.03. Table of Contents; Titles and Headings. The table of contents, the titles of
the articles, and the headings of the sections of this Agreement are solely for convenience of
reference, are not a part of this Agreement, and shall not be deemed to affect the meaning,
construction, or effect of any of its provisions.
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Section 1.04. Contents of Certificates or Opinions. Every certificate or opinion with respect to the compliance with a condition or covenant provided for in this Agreement shall include:
(i) a statement that the person or persons making or giving such certificate or opinion have read such
covenant or condition and the definitions herein relating thereto, (ii) a brief statement as to the nature
and scope of the examination or investigation upon which the statements or opinions contained in
such certificate or opinion are based, (iii) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to
express an informed opinion as to whether or not such covenant or condition has been complied
with, and (iv) a statement as to whether, in the opinion of the signers, such condition or covenant has
been complied with.
Any such certificate or opinion made or given by an official of the Agency or the Consolidated Government may be based, insofar as it relates to legal or accounting matters, upon a
certificate or an opinion of counsel or an accountant, which certificate or opinion has been given
only after due inquiry of the relevant facts and circumstances, unless such official knows that the
certificate or opinion with respect to the matters upon which his certificate or opinion may be based
as aforesaid is erroneous or in the exercise of reasonable care should have known that the same was erroneous. Any such certificate or opinion made or given by counsel or an accountant may be based
(insofar as it relates to factual matters with respect to information that is in the possession of an
official of the Agency or the Consolidated Government or any third party) upon the certificate or
opinion of or representations by an official of the Agency or the Consolidated Government or any
third party on whom counsel or an accountant could reasonably rely unless such counsel or such accountant knows that the certificate or opinion or representations with respect to the matters upon
which his certificate or opinion may be based as aforesaid are erroneous or in the exercise of
reasonable care should have known that the same were erroneous. The same official of the Agency
or the Consolidated Government, or the same counsel or accountant, as the case may be, need not
certify or opine to all of the matters required to be certified or opined under any provision of this Agreement, but different officials, counsel, or accountants may certify or opine to different matters,
respectively.
[End of Article I]
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ARTICLE II
REPRESENTATIONS AND UNDERTAKINGS
Section 2.01. Representations by the Agency. The Agency makes the following
representations and warranties as the basis for the undertakings on its part herein contained:
(a) Creation and Agency. The Agency is a public body corporate and politic duly created and validly existing under the laws of the State, including the provisions of the Urban
Redevelopment Law. The Agency has all requisite power and authority under the Urban
Redevelopment Law and the laws of the State (1) to issue the Series 2020 Bond in order to refund
the Refunded Bonds, in order to refinance the costs of acquiring, constructing, and installing the
2015 Project, and to finance the costs of acquiring, constructing, and installing the 2020 Project; (2) to refund the Refunded Bonds and to acquire, construct, and install the 2020 Project; and (3) to enter
into, perform its obligations under, and exercise its rights under this Agreement and the Bond
Resolution. The Consolidated Government has elected to have its “urban redevelopment project
powers,” as defined in Section 36-61-17(b) of the Official Code of Georgia Annotated, exercised by
the Agency, and the Agency is vested with all of the “urban redevelopment project powers” of the Consolidated Government conferred in the Urban Redevelopment Law. The Urban Redevelopment
Law authorizes the Agency to issue bonds to finance the undertaking of any “urban redevelopment
project” under the Urban Redevelopment Law and to issue refunding bonds for the payment or
retirement of such bonds previously issued by it, which bonds shall be made payable, as to both
principal and interest, solely from the income, proceeds, revenues, and funds of the Agency derived from or held in connection with its undertaking and carrying out of urban redevelopment projects
under the Urban Redevelopment Law. The Urban Redevelopment Law requires that all revenue
bonds issued under the Urban Redevelopment Law be issued and validated under and in accordance
with the procedure set forth in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia
Annotated, known as the “Revenue Bond Law.” The Urban Redevelopment Law authorizes the Agency to undertake and carry out within the territorial limits of the Consolidated Government
“urban redevelopment projects,” which are defined to include undertakings or activities of the
Agency in an urban redevelopment area under the Urban Redevelopment Law for the elimination
and for the prevention of the development or spread of pockets of blight and may involve pockets of
blight clearance and redevelopment in an urban redevelopment area, rehabilitation or conservation in an urban redevelopment area, or any combination or part thereof, in accordance with an urban
redevelopment plan adopted pursuant to the Urban Redevelopment Law. The Urban Redevelopment
Law authorizes the Agency to make and execute contracts and other instruments necessary or
convenient to the exercise of its powers under the Urban Redevelopment Law, to acquire, by
purchase, grant, or otherwise, any real property (defined to include all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in
connection therewith), to hold, improve, clear, or prepare for redevelopment any such property, and
to borrow money for the purposes of the Urban Redevelopment Law and to give such security as
may be required and to enter into and carry out contracts in connection therewith. The Projects
constitute “urban redevelopment projects” within the meaning of that term as defined in the Urban Redevelopment Law, and all proceeds of the Refunded Bonds and the Series 2020 Bond have been
or will be used only for the lawful and valid public purposes set forth in the Urban Redevelopment
Law.
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(b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Agency, after making due inquiry with respect
thereto, threatened against or affecting the Agency in any court or by or before any governmental
authority or arbitration board or tribunal, which involve the possibility of materially and adversely
affecting the transactions contemplated by this Agreement or which, in any way, would adversely
affect the validity or enforceability of the Series 2020 Bond, the Bond Resolution, this Agreement, or any agreement or instrument to which the Agency is a party and which is used or contemplated
for use in the consummation of the transactions contemplated hereby or thereby, nor is the Agency
aware of any facts or circumstances presently existing that would form the basis for any such
actions, suits, or proceedings.
(c) Agreements Are Legal and Authorized. The execution and delivery by the Agency of this Agreement, the Series 2020 Bond, and the Bond Resolution and the compliance by the Agency
with all of the provisions of each thereof (i) are within the purposes, powers, and authority of the
Agency; (ii) have been done in full compliance with the provisions of the Urban Redevelopment
Law and have been approved by the Governing Body of the Agency and are legal and will not
conflict with or constitute on the part of the Agency a violation of or a breach of or a default under any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment
sale agreement, contract, or other agreement or instrument to which the Agency is a party or by
which the Agency or its properties are otherwise subject or bound, or any license, judgment, decree,
law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency
or body having jurisdiction over the Agency or any of its activities or properties; and (iii) have been duly authorized by all necessary action on the part of the Agency.
(d) Governmental Consents. Neither the nature of the Agency nor any of its activities or
properties, nor any relationship between the Agency and any other Person, nor any circumstance in
connection with the offer, issue, sale, or delivery of the Series 2020 Bond is such as to require the
consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Agency in connection with the
execution, delivery, and performance of this Agreement and the Bond Resolution or the
consummation of any transaction therein contemplated, or the offer, issue, sale, or delivery of the
Series 2020 Bond, except as shall have been obtained or made and as are in full force and effect.
(e) No Defaults. To the knowledge of the Agency, after making due inquiry with respect thereto, no event has occurred and no condition exists that would constitute an event of default under
the Bond Resolution or that, with the lapse of time or with the giving of notice or both, would
become such an event of default. To the knowledge of the Agency, after making due inquiry with
respect thereto, the Agency is not in default or violation in any material respect under the Urban
Redevelopment Law or under any organic document or other agreement or instrument to which it is a party or by which it may be bound.
(f) No Prior Pledge. Neither this Agreement nor any of the payments or amounts to be
received by the Agency hereunder have been or will be assigned, pledged, or hypothecated in any
manner or for any purpose or have been or will be the subject of a grant of a security interest by the
Agency other than as provided in the Bond Resolution.
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(g) Disclosure. The representations of the Agency contained in this Agreement and any certificate, document, written statement, or other instrument furnished to the Bond Buyer by or on
behalf of the Agency in connection with the transactions contemplated hereby do not contain any
untrue statement of a material fact relating to the Agency and do not omit to state a material fact
relating to the Agency necessary in order to make the statements contained herein and therein
relating to the Agency not misleading. Nothing has come to the attention of the Agency that would materially and adversely affect or in the future may (so far as the Agency can now reasonably
foresee) materially and adversely affect the refunding of the Refunded Bonds, the acquisition,
construction, and installation of the Projects by the Agency, or any other transactions contemplated
by this Agreement and the Bond Resolution that has not been set forth in writing to the Bond Buyer
or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Agency prior to the date of execution of this Agreement in connection with the transactions
contemplated hereby.
(h) Compliance with Conditions Precedent to the Issuance of the Series 2020 Bond. All
acts, conditions, and things required to exist, happen, and be performed precedent to and in the
execution and delivery by the Agency of the Series 2020 Bond do exist, have happened, and have been performed in due time, form, and manner as required by law; the issuance of the Series 2020
Bond, together with all other obligations of the Agency, do not exceed or violate any constitutional
or statutory limitation, and the revenues, funds, property, and amounts pledged to the payment of the
principal of, premium, if any, and interest on the Series 2020 Bond, as the same become due, have
been calculated to be sufficient in amount for that purpose.
Section 2.02. Representations by the Consolidated Government. The Consolidated
Government makes the following representations and warranties as the basis for the undertakings on
its part herein contained:
(a) Creation and Agency. The Consolidated Government is a political subdivision duly
created and validly existing under the laws of the State. The Consolidated Government has all requisite power and authority under the laws of the State to enter into, perform its obligations under,
and exercise its rights under this Agreement. The Consolidated Government has taken all actions
required by the Urban Redevelopment Law to qualify the Projects as “urban redevelopment projects”
thereunder, including, without limitation, designating the Urban Redevelopment Area as an “urban
redevelopment area” in accordance with the Urban Redevelopment Law and approving the Urban Redevelopment Plan as an urban redevelopment plan for the Projects following public hearings
required by the Urban Redevelopment Law. The Urban Redevelopment Law authorizes the
Consolidated Government to appropriate such funds and make such expenditures as may be
necessary to carry out the purposes of the Urban Redevelopment Law and to levy taxes and
assessments for such purposes. Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government to contract for any period not exceeding
fifty years with any public corporation or public authority for joint services, for the provision of
services, or for the joint or separate use of facilities or equipment, if such contract deals with
activities, services, or facilities that the contracting parties are authorized by law to undertake or
provide.
(b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or
investigations pending or, to the knowledge of the Consolidated Government, after making due
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inquiry with respect thereto, threatened against or affecting the Consolidated Government in any court or by or before any governmental authority or arbitration board or tribunal, which involve the
possibility of materially and adversely affecting the properties, activities, prospects, profits,
operations, or condition (financial or otherwise) of the Consolidated Government, or the ability of
the Consolidated Government to perform its obligations under this Agreement, or the transactions
contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of this Agreement or any agreement or instrument to which the Consolidated
Government is a party and which is used or contemplated for use in the consummation of the
transactions contemplated hereby or thereby, nor is the Consolidated Government aware of any facts
or circumstances presently existing that would form the basis for any such actions, suits, or
proceedings. The Consolidated Government is not in default with respect to any judgment, order, writ, injunction, decree, demand, rule, or regulation of any court, governmental authority, or
arbitration board or tribunal.
(c) Agreement Is Legal and Authorized. The execution and delivery by the Consolidated
Government of this Agreement, the consummation of the transactions herein contemplated, and the
fulfillment of or the compliance with all of the provisions hereof (i) are within the power, legal right, and authority of the Consolidated Government, (ii) are legal and will not conflict with or constitute
on the part of the Consolidated Government a violation of or a breach of or a default under, any
organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale
agreement, contract, or other agreement or instrument to which the Consolidated Government is a
party or by which the Consolidated Government or its properties are otherwise subject or bound, or any license, law, statute, rule, regulation, judgment, order, writ, injunction, decree, or demand of any
court or governmental agency or body having jurisdiction over the Consolidated Government or any
of its activities or properties, and (iii) have been duly authorized by all necessary and appropriate
official action on the part of the Governing Body of the Consolidated Government. This Agreement
is the valid, legal, binding, and enforceable obligation of the Consolidated Government. The officials of the Consolidated Government executing this Agreement are duly and properly in office
and are fully authorized and empowered to execute the same for and on behalf of the Consolidated
Government.
(d) Governmental Consents. Neither the Consolidated Government nor any of its
activities or properties, nor any relationship between the Consolidated Government and any other Person, nor any circumstances in connection with the execution, delivery, and performance by the
Consolidated Government of its obligations under this Agreement or the offer, issue, sale, or
delivery by the Agency of the Series 2020 Bond, is such as to require the consent, approval,
permission, order, license, or authorization of, or the filing, registration, or qualification with, any
governmental authority on the part of the Consolidated Government in connection with the execution, delivery, and performance of this Agreement or the consummation of any transaction
herein contemplated, or the offer, issue, sale, or delivery of the Series 2020 Bond, except as shall
have been obtained or made and as are in full force and effect and except as are not presently
obtainable. To the knowledge of the Consolidated Government, after making due inquiry with
respect thereto, the Consolidated Government will be able to obtain all such additional consents, approvals, permissions, orders, licenses, or authorizations of governmental authorities as may be
required on or prior to the date the Consolidated Government is legally required to obtain the same.
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(e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default or that, with the lapse of time or with the giving of notice or both, would become an
Event of Default. To the knowledge of the Consolidated Government, after making due inquiry with
respect thereto, the Consolidated Government is not in default or violation in any material respect
under any organic document or other agreement or instrument to which it is a party or by which it
may be bound.
(f) Compliance with Law. To the knowledge of the Consolidated Government, after
making due inquiry with respect thereto, the Consolidated Government is not in violation of any
laws, ordinances, or governmental rules or regulations to which it or its properties are subject and
has not failed to obtain any licenses, permits, franchises, or other governmental authorizations
(which are presently obtainable) necessary to the ownership of its properties or to the conduct of its affairs, which violation or failure to obtain might materially and adversely affect the properties,
activities, prospects, profits, and condition (financial or otherwise) of the Consolidated Government,
and there have been no citations, notices, or orders of noncompliance issued to the Consolidated
Government under any such law, ordinance, rule, or regulation.
(g) Restrictions on the Consolidated Government. The Consolidated Government is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that
materially and adversely affects its activities, properties, assets, operations, or condition (financial or
otherwise). Other than the Prior Contracts, the Consolidated Government is not a party to any
contract or agreement that restricts the right or ability of the Consolidated Government to enter into
intergovernmental agreements.
(h) Disclosure. The representations of the Consolidated Government contained in this
Agreement and any certificate, document, written statement, or other instrument furnished by or on
behalf of the Consolidated Government to the Agency or the Bond Buyer in connection with the
transactions contemplated hereby, do not contain any untrue statement of a material fact and do not
omit to state a material fact necessary to make the statements contained herein or therein not misleading. There is no fact that the Consolidated Government has not disclosed to the Agency or
the Bond Buyer in writing that materially and adversely affects or in the future may (so far as the
Consolidated Government can now reasonably foresee) materially and adversely affect the ability of
the Consolidated Government to perform its obligations under this Agreement or any of the
documents or transactions contemplated hereby or thereby or any other transactions contemplated by this Agreement that has not been set forth in writing to the Bond Buyer or in the certificates,
documents, and instruments furnished to the Bond Buyer by or on behalf of the Consolidated
Government prior to the date of execution of this Agreement in connection with the transactions
contemplated hereby.
(i) Financial Statements. The balance sheet of the Consolidated Government as of December 31, 2019, and the statement of revenues, expenditures, and changes in fund balance and
the statement of cash flow for the year ended December 31, 2019 (copies of which, audited by
Mauldin & Jenkins, LLC, independent certified public accountants, have been furnished to the Bond
Buyer) present fairly the financial position of the Consolidated Government as of December 31,
2019, and the results of its operations and its cash flows for the year ended December 31, 2019, with such exceptions as may be disclosed in the audit report. Since December 31, 2019, there has been no
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material adverse change in the financial position or results of operations or cash flows of the Consolidated Government.
(j) Other Contracts. The Consolidated Government represents that there is not presently
in force and effect any other contract or agreement that obligates the Consolidated Government to
levy an annual ad valorem tax on all taxable property located within the territorial limits of the
Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment, to provide revenues to
fulfill the Consolidated Government’s obligations under such contract or agreement, except for the
Prior Contracts and the 2004 Solid Waste Authority Contract. The Consolidated Government has
obtained documentation evidencing that the conditions of the Prior Contracts have been satisfied, in
order to permit the Agency and the Consolidated Government to enter into this Agreement, which documentation is attached to this Agreement as Exhibit C.
Section 2.03. Reliance by Bondholders. The Agency and the Consolidated Government
acknowledge and agree that these representations and warranties are made to induce the Bond Buyer
to purchase the Bonds, and that such representations and warranties and any other representations
and warranties made by the Agency and the Consolidated Government in this Agreement are made for the benefit of the Bondholders and may be relied upon by the Bondholders.
[End of Article II]
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ARTICLE III
SECURITY
Section 3.01. Security for Payments under this Agreement. (a) As security for the
payments required to be made and the obligations required to be performed by the Consolidated
Government under this Agreement, the Consolidated Government hereby pledges to the Agency its full faith and credit and taxing power for such payment and performance. The Consolidated
Government covenants that, in order to make any payments when due from its general funds to the
extent required hereunder, it will exercise its power of taxation to the extent necessary to pay the
amounts required to be paid hereunder and will make available and use for such payments all taxes
levied and collected for that purpose together with funds received from any other sources. The Consolidated Government further covenants and agrees that in order to make funds available for
such purpose in each Fiscal Year, it will, in its general revenue, appropriation, and budgetary
measures through which its tax funds or revenues and the allocation thereof are controlled or
provided for, include sums sufficient to satisfy any such payments that may be required to be made
hereunder, whether or not any other sums are included in such measure, until all payments so required to be made hereunder shall have been made in full. The obligation of the Consolidated
Government to make any payments that may be required to be made from its general funds shall
constitute a general obligation of the Consolidated Government and a pledge of the full faith and
credit of the Consolidated Government to provide the funds required to fulfill any such obligation.
In the event for any reason any such provision or appropriation is not made as provided in this Section 3.01, then the fiscal officers of the Consolidated Government are hereby authorized and
directed to set up as an appropriation on their accounts in the appropriate Fiscal Year the amounts
required to pay the obligations that may be due from the general funds of the Consolidated
Government. The amount of such appropriation shall be due and payable and shall be expended for
the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Consolidated Government had included the amount of the appropriation in its general
revenue, appropriation, and budgetary measures, and the fiscal officers of the Consolidated
Government shall make such payments to the Agency if for any reason the payment of such
obligations shall not otherwise have been made.
(b) The Consolidated Government covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial limits
of the Consolidated Government, as now existent and as the same may hereafter be extended, at such
rate or rates, within the mill limit prescribed by the Constitutional Amendment or within such greater
millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each
year revenues that will be sufficient to fulfill the Consolidated Government’s obligations under this Agreement, from which revenues the Consolidated Government agrees to appropriate sums
sufficient to pay in full when due all of the Consolidated Government’s obligations under this
Agreement. The Consolidated Government hereby creates and grants a lien in favor of the Agency
on any and all revenues realized by the Consolidated Government from such tax, to make the
payments that are required under this Agreement, which lien is superior to any that can hereafter be created, except that this lien shall be on a parity basis with the lien on such revenues created by each
of the Prior Contracts and may be extended to cover any Additional Contracts, as permitted by
Section 3.01(e) hereof, and the 2004 Solid Waste Authority Contract. Nothing herein contained,
however, shall be construed as limiting the right of the Consolidated Government to make the
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payments called for by this Agreement out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds).
(c) The Consolidated Government’s obligation to levy an annual ad valorem tax within the
mill limit prescribed by the Constitutional Amendment, or such greater millage hereafter authorized
by law, for the purpose of providing funds to meet the Consolidated Government’s payment
obligations under this Agreement shall not be junior and subordinate, but shall be superior or equal to the Consolidated Government’s obligation to levy an annual ad valorem tax at such rate or rates
within such mill limit or such greater millage as hereinafter prescribed by law pursuant to the
provisions of the 2004 Solid Waste Authority Contract, the Prior Contracts, and any Additional
Contract. It is expressly provided, however, that the Consolidated Government shall not be required
to levy a tax in any year at a rate or rates exceeding in the aggregate the maximum millage prescribed by the Constitutional Amendment for such year, or any greater millage hereafter
prescribed by law, in order to meet its obligations under the Contracts.
(d) So long as the Bonds are unpaid, the Consolidated Government shall not:
(1) enter into an Additional Contract that creates a lien on the revenues to be derived
from the tax to be levied hereunder by the Consolidated Government to fulfill its obligations hereunder, which is superior to the lien created hereunder;
(2) enter into any other contract or agreement creating a lien on such tax revenues for
any purpose other than debt service payments (including creation and maintenance of
reasonable reserves therefor) superior to or on a parity with the lien created thereon to fulfill
the obligations of the Consolidated Government hereunder; and
(3) enter into any Additional Contract that provides for payment to be made by the
Consolidated Government from monies derived from the levy of a tax within the maximum
millage now or hereafter authorized by law if each annual payment of all amounts payable
with respect to debt service or which are otherwise fixed in amount or currently budgeted in
amount under all Contracts then in existence, together with each annual payment to be made under the proposed Additional Contract, in each future Fiscal Year, would exceed the
amount then capable of being produced by a levy of a tax within the maximum millage now
or hereafter authorized by law on the taxable value of property located within the territorial
limits of the Consolidated Government subject to taxation for such purposes, as shown by
the latest tax digest available immediately preceding the execution of any such Additional Contract.
(e) It is further expressly provided that so long as the Bonds are unpaid, the Consolidated
Government shall not hereafter enter into any Additional Contract for the purpose of debt service
payments (including creation and maintenance of reserves therefor), unless the amount then capable
of being produced by the levy of an ad valorem tax within the maximum millage then prescribed by the Constitutional Amendment or any successor provision on all taxable property within the
territorial limits of the Consolidated Government, as shown by the latest tax digest available
immediately preceding the execution of such Additional Contract, is equal to at least the maximum
combined amount payable in any future Fiscal Year with respect to debt service under all existing
Contracts and any such Additional Contract. Debt service for purposes of this paragraph (e) shall
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mean required payments of principal, including principal to be paid through mandatory redemption, interest, and amounts required to be paid for creation and maintenance of reasonable debt service
reserves and to establish and maintain mandatory investment programs, less principal and interest
received or to be received from investment of any of the foregoing amounts (except funds on hand or
to be on hand in any debt service reserve) required to be applied to debt service in each Fiscal Year.
The Consolidated Government shall furnish the Agency, not less than five (5) nor more than sixty (60) days prior to the date of execution and delivery of any such Additional Contract, a report of an
independent certified public accountant to the effect that, based upon an affidavit of the Tax
Commissioner of Richmond County as to the taxable value of property located within the territorial
limits of the Consolidated Government, the requirements of this paragraph (e) have been met.
Section 3.02. Security for the Bonds. As security for the payment of the Bonds, the Agency has adopted the Bond Resolution. The Consolidated Government hereby assents to the
assignment and pledge made in the Bond Resolution and hereby agrees that its obligations to make
all payments under this Agreement shall be absolute and shall not be subject to any defense, except
payment, or to any right of setoff, counterclaim, or recoupment arising out of any breach by the
Agency of any obligation to the Consolidated Government, whether hereunder or otherwise, or arising out of any indebtedness or liability at any time owing to the Consolidated Government by the
Agency. The Consolidated Government further agrees that all payments required to be made under
this Agreement, except for those arising out of Unassigned Rights, shall be paid (a) with respect to
each Institutional Bond, directly to the Bondholder for the account of the Agency, and (b) with
respect to Bonds other than Institutional Bonds, directly to the Sinking Fund Custodian for the account of the Agency for deposit in the Sinking Fund. The Bondholders shall have all rights and
remedies herein accorded to the Agency (except for Unassigned Rights), and any reference herein to
the Agency shall be deemed, with the necessary changes in detail, to include the Bondholders, and
the Bondholders are deemed to be and are third party beneficiaries of the representations, covenants,
and agreements of the Consolidated Government herein contained.
[End of Article III]
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ARTICLE IV
THE 2020 PROJECT; ISSUANCE OF THE BONDS; PROJECT FUND
Section 4.01. Agreement to Undertake 2020 Project. Promptly following the issuance
and sale of the Series 2020 Bond, the Agency agrees to acquire, construct, and install the 2020
Project pursuant to and as contemplated by the Urban Redevelopment Plan. The Agency will not permit the acquisition, construction, or installation of any component of the 2020 Project to be
accomplished in any manner that is not in accordance with the Urban Redevelopment Plan.
The Agency hereby authorizes the Consolidated Government to, on its behalf, acquire,
construct, and install the Series 2020 Project. The Consolidated Government agrees (i) that it will
exercise the foregoing authorizations given to it by the Agency, and (ii) that the Series 2020 Project has been and will be acquired and constructed pursuant to and as contemplated by the Urban
Redevelopment Plan. The Agency will enter into, or accept the assignment of, such contracts as the
Consolidated Government may request in order to effectuate the purposes of this Section 4.01, but it
will not execute any other contract or give any order for such construction or such purchase of
material, supplies, furnishings, or equipment unless and until the Consolidated Government shall have approved the same in writing.
Section 4.02. Agreement to Issue the Series 2020 Bond; Application of Proceeds. In
order to provide funds to refund the Refunded Bonds and to pay the costs of acquiring, constructing,
and installing the 2020 Project, the Agency agrees that it will sell and cause to be delivered to the
Bond Buyer the Series 2020 Bond in the original principal amount of $__________. The Agency hereby covenants and agrees that it will apply the proceeds derived from the sale of the Series 2020
Bond as provided in Section 12.2 of the Bond Resolution and will use the moneys deposited in the
Project Fund created under the Bond Resolution to pay the costs of acquiring, constructing, and
installing the 2020 Project. The Agency will use all other funds received from other sources for the
acquisition, construction, and installation of the 2020 Project for the intended purpose.
Section 4.03. Application of Monies in the Project Fund. The Agency shall in the Bond
Resolution authorize and direct the Project Fund Depository to use the monies in the Project Fund
for the following purposes (but for no other purposes):
(a) payment of (i) the cost of the preparation of any plans and specifications for the
construction of any component of the 2020 Project (including any preliminary study or planning of the 2020 Project or any aspect thereof), (ii) the cost of acquisition and construction of the 2020
Project and all construction, acquisition, and installation expenses required to provide utility services
or other facilities and all real or personal properties deemed necessary in connection with the 2020
Project (including development, architectural, engineering, and supervisory services with respect to
any of the foregoing), and (iii) any other costs and expenses relating to the 2020 Project;
(b) payment of the purchase price of the 2020 Project, including all costs incident thereto,
payment for labor, services, materials, and supplies used or furnished in site improvement and in the
construction of any component of the 2020 Project, including all costs incident thereto, payment of
consulting and development fees, and payment for the miscellaneous expenses incidental to any of
the foregoing items including the premium on any surety bond;
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(c) payment of the costs of issuing the Bonds (including, without limitation, the fee for issuing the Series 2020 Bond payable to the Agency pursuant to Section 5.03(b) hereof);
(d) payment of expenses incurred in seeking to enforce any remedy against any
contractor or subcontractor or their surety in respect of any default under a contract relating to the
2020 Project;
(e) payment of the fees or out of pocket expenses, if any, of the Consolidated Government or the Agency relating to the 2020 Project, including, but not limited to, architectural,
engineering, project management, and supervisory services with respect to the 2020 Project;
(f) payment of the fees, or out of pocket expenses, if any, of those providing services
with respect to the 2020 Project, including, but not limited to, architectural, engineering, project
management, legal, accounting, and supervisory services;
(g) payment to the Consolidated Government or the Agency of such amounts, if any, as
shall be necessary to reimburse the Consolidated Government or the Agency in full for all advances
and payments made by either of them for any of the items set forth in clauses (a) through (f) above;
(h) payment of any other costs and expenses relating to the 2020 Project permitted to be
paid by the Agency under the Urban Redevelopment Law; and
(i) all proceeds of Bonds remaining in the Project Fund after payment in full of all the
items set forth in clauses (a) through (h) above, less amounts retained or set aside to meet costs not
then due and payable or which are being contested, shall be deposited in the Sinking Fund.
Section 4.04. Disbursements from the Project Fund. All disbursements from the Project
Fund shall be made upon draft, signed by the Authorized Agency Representative and the Authorized Consolidated Government Representative, but before they shall sign any such draft, there shall be
filed with the Project Fund Depository:
(a) A requisition for such payment (the above-mentioned draft may be deemed a
requisition for the purpose of this Section 4.04), stating each amount to be paid and the name of the
person to whom payment is due.
(b) A certificate executed by the Authorized Agency Representative and the Authorized
Consolidated Government Representative attached to the requisition and certifying:
(1) that an obligation in the stated amount has been incurred by the Agency and that
the same is a proper charge against the Project Fund and has not been paid and stating that
the bill or statement of account for such obligation, or a copy thereof, is on file in the office of the Consolidated Government;
(2) that the signers have no notice of any vendor’s, mechanic’s, or other liens or rights
to liens, chattel mortgages, or conditional sales contracts that should be satisfied or
discharged before such payment is made; and
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(3) that such requisition contains no item representing payment on account of any retained percentages that the Agency is, at the date of any such certificate, entitled to retain.
Section 4.05. Obligation of the Parties to Cooperate in Furnishing Documents;
Reliance of the Project Fund Depository. Upon payment of any expenses of the Agency incurred
in connection therewith pursuant to Section 5.03(b) hereof, the Agency agrees to cooperate with the
Consolidated Government in furnishing to the Project Fund Depository the documents referred to in Section 4.04 hereof that are required to effect payments out of the Project Fund, and the Agency
agrees to cause such orders to be directed to the Project Fund Depository as may be necessary to
effect payments out of the Project Fund, in accordance with Section 4.04 hereof. Such obligation of
the Agency is subject to any provisions of the Bond Resolution requiring additional documentation
with respect to payments and shall not extend beyond the monies in the Project Fund available for payment under the terms of the Bond Resolution. In making any such payment from the Project
Fund, the Project Fund Depository may rely on any such orders and certifications delivered to it
pursuant to Section 4.04 hereof.
Section 4.07. Consolidated Government May Pay Project Costs in Event Project Fund Insufficient. In the event the monies in the Project Fund available for payment of the Costs of the Project shall not be sufficient to pay the costs thereof in full, the Consolidated Government may
agree to pay all that portion of the Costs of the Project as may be in excess of the monies available
therefor in the Project Fund, and, in such case, the Agency agrees to complete the acquisition,
construction, and installation of the 2020 Project. The Agency does not make any warranty, either
express or implied, that the monies that will be paid into the Project Fund and that, under the provisions of this Agreement, will be available for payment of the Costs of the Project, will be
sufficient to pay all the costs that will be incurred in that connection. The Consolidated Government
agrees that if after exhaustion of the monies in the Project Fund the Consolidated Government shall
pay any portion of the Costs of the Project pursuant to the provisions of this Section 4.07, it shall not
be entitled to any reimbursement therefor from the Agency, the Project Fund Depository, or the Bondholders, nor shall it be entitled to any diminution of the amounts payable under Section 5.03
hereof.
Section 4.08. Authorized Consolidated Government and Agency Representatives and
Successors. The Consolidated Government and the Agency, respectively, shall designate, in the
manner prescribed in Section 1.01 hereof, the Authorized Consolidated Government Representative and the Authorized Agency Representative. In the event that any person so designated and his
alternate or alternates, if any, should become unavailable or unable to take any action or make any
certificate provided for or required in this Agreement, a successor shall be appointed in the same
manner.
Section 4.09. Enforcement of Remedies against Contractors and Subcontractors and their Sureties and Against Manufacturers. The Agency covenants that it will take such action and
institute such proceedings as shall be necessary to cause and require all contractors and
subcontractors and material suppliers to complete their contracts diligently in accordance with the
terms of such contracts, including, without limitation, the correction of any defective work, with all
expenses incurred by the Agency in connection with the performance of its obligations under this Section 4.09 to be considered part of the Costs of the Project referred to in Section 4.03 hereof. The
Agency agrees that the Consolidated Government may, from time to time, in its own name, or in the
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name of the Agency, take such action as may be necessary or advisable, as determined by the Consolidated Government, to ensure the construction of the 2020 Project in accordance with the
terms of any construction contracts and any plans and specifications, to ensure the peaceable and
quiet enjoyment of the 2020 Project, and to ensure the performance by the Agency of all covenants
and obligations of the Agency under this Agreement, with all costs and expenses incurred by the
Consolidated Government in connection therewith to be considered as part of the Costs of the Project referred to in Section 4.03 hereof. All amounts recovered by way of penalties, damages,
whether liquidated or actual, refunds, adjustments, or otherwise in connection with the foregoing,
less any unreimbursed legal expenses incurred to collect the same, shall be paid into the Project Fund
and shall be disbursed pursuant to the provisions of Section 4.03 of this Agreement.
Section 4.10. Investment of Funds and Accounts. Subject to Section 4.7 of the Bond Resolution and Section 4.11 hereof, any monies held as a part of the Sinking Fund, the Project Fund,
or any other special trust account shall be invested or reinvested by the Sinking Fund Custodian or
the Project Fund Depository, as the case may be, at the written direction of the Authorized
Consolidated Government Representative in such Permitted Investments as may be designated by
the Consolidated Government. The Sinking Fund Custodian or the Project Fund Depository, as the case may be, may make any and all such investments through its own bond or investment department
or through its broker-dealer affiliate.
The investments so purchased shall be held by the Sinking Fund Custodian or the Project
Fund Depository, as the case may be, and shall be deemed at all times a part of the Sinking Fund, the
Project Fund, or the trust account described in the preceding paragraph, as the case may be, and the interest accruing thereon and any profit realized therefrom shall be credited to such fund or account,
and any losses resulting from such investments shall be charged to such fund or account therein and
paid by the Consolidated Government.
Section 4.11. Special Investment Covenants. The Agency and the Consolidated
Government each covenant that it will not directly or indirectly use or permit the use of any proceeds (as defined in the Regulations) of any Tax-Exempt Bonds or any other funds of the Agency or the
Consolidated Government, or take or omit to take any action, or direct the Project Fund Depository
or the Sinking Fund Custodian to invest any funds held by it, in such manner as will, or allow any
“related party” (as defined in Section 1.150 1(b) of the Regulations) to enter into any arrangement,
formal or informal, as will, cause any Tax-Exempt Bonds to be “federally guaranteed,” as such term is used and defined in Section 149(b) of the Code, or to be “arbitrage bonds” within the meaning of
Section 148 of the Code, and any Regulations proposed or promulgated in connection therewith. To
that end, the Agency and the Consolidated Government shall comply with all requirements of
Section 149(b) and Section 148 of the Code to the extent applicable to any Tax-Exempt Bonds. In
the event that at any time the Agency or the Consolidated Government is of the opinion that for purposes of this Section 4.11 it is necessary to dispose of any investment or to restrict or limit the
yield on any investment held under the Bond Resolution or otherwise, the Agency or the
Consolidated Government, as the case may be, shall so instruct the Project Fund Depository or the
Sinking Fund Custodian in writing.
Section 4.12. Calculation and Payment of Rebate Amount. The Consolidated Government agrees to appoint and pay a Rebate Calculator to calculate and determine the Rebate
Amount, if any, as required by Section 148(f) of the Code and any Regulations proposed or
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promulgated in connection therewith. All calculations and determinations made by a Rebate Calculator shall be accompanied by the opinion of a Rebate Calculator that such calculations and
determinations have been made in accordance with the requirements of Section 148(f) of the Code.
The Consolidated Government agrees to pay to the United States Treasury for and on behalf of the
Agency the amount determined by the Rebate Calculator to be due to the United States Treasury
before the due date specified by the Rebate Calculator. The obligations created by this Section 4.12 shall survive the termination of this Agreement. The Agency hereby delegates to the Consolidated
Government the authority and responsibility for compliance with Section 148(f) of the Code.
Section 4.13. Additional Bonds.
(a) Additional Bonds may be issued by the Agency to provide funds to pay any one or
more of the following: (i) the costs of completing the Projects; (ii) the costs of making such Additions or Alterations in, on, or to the Projects as the Consolidated Government may deem
necessary or desirable and as will not impair the nature of the Projects; (iii) the costs of acquiring,
constructing, and installing any additional urban redevelopment projects pursuant to and as
contemplated by the Urban Redevelopment Plan; (iv) to refund any Bonds; and (v) the costs of the
issuance and sale of the Additional Bonds and capitalized or funded interest for such period and such other costs reasonably related to the financing as shall be agreed upon by the Consolidated
Government and the Agency.
(b) If the Consolidated Government is not in default hereunder, the Agency shall, on
request of the Consolidated Government, from time to time use its best efforts to issue the amount of
Additional Bonds specified by the Consolidated Government; provided, that the terms of such Additional Bonds, the purchase price to be paid therefor, and the manner in which the proceeds
therefrom are to be disbursed shall have been approved in writing by the Consolidated Government,
provided, that the sale of any Additional Bonds shall be the sole responsibility of the Consolidated
Government, and provided further that the Consolidated Government and the Agency shall have
entered into an amendment to this Agreement to provide for additional payments in an amount at least sufficient to pay principal of, premium, if any, and interest on the Additional Bonds when due
and to provide for any additional terms or changes to this Agreement required because of such
Additional Bonds, and provided further that the Agency shall have otherwise complied with the
provisions of Section 2.9 of the Bond Resolution with respect to the issuance of such Additional
Bonds.
[End of Article IV]
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ARTICLE V
OWNERSHIP OF PROJECTS; PAYMENT PROVISIONS;
NATURE OF OBLIGATIONS OF CITY
Section 5.01. Term of Agreement. This Agreement shall become effective upon its
delivery and shall be in full force and effect until midnight, October 1, 20__, subject to the provisions of this Agreement permitting earlier termination (including particularly Article VII
hereof), or if all the Bonds have not been paid or retired (or provision for such payment has not been
made as provided in the Bond Resolution), until such date as such payment or provision shall have
been made; provided, however, that the covenants and obligations expressed herein to so survive
shall survive the termination of this Agreement, but in no event shall the term of this Agreement exceed fifty (50) years.
Section 5.02. Agency Ownership of Projects.
(a) The Agency agrees that throughout the term of this Agreement title to the Projects
shall be vested in and shall be the sole property of the Agency, subject to any liens or leases that the
Agency, with the written consent of the Consolidated Government, may create during the term of this Agreement.
(b) The Agency agrees that it shall not (1) directly, indirectly, or beneficially sell,
convey, or otherwise dispose of any part of its interest in the Projects during the term of this
Agreement without the prior written consent of the Consolidated Government or except as provided
in subparagraph (c) of this Section 5.02 or otherwise permitted under this Agreement, (2) permit any part of the Projects to become subject to any lease, mortgage, lien, claim of title, encumbrance,
security interest, conditional sale contract, title retention arrangement, finance lease, servitude,
easement, license, restriction, reservation, defect in or cloud on title, or other charge of any kind
without the prior written consent of the Consolidated Government, except as permitted under this
Agreement, and (3) assign, transfer, or hypothecate any payment then due or to accrue in the future under any lease of the Projects, except as otherwise permitted in this Agreement.
(c) Notwithstanding any other provision contained herein to the contrary, the Agency
agrees to sell, lease, or otherwise dispose of the Projects or any part of its interest thereof or any of
its interest therein, at the written request of the Consolidated Government, to any third party
designated by the Consolidated Government, and the Agency agrees to cooperate with the Consolidated Government in furnishing all documents and taking all actions that are required to
effect such sale and purchase, lease, or other disposition. The Agency agrees that the proceeds of
any sale, lease, or other disposition of any portion of the Projects shall be deposited or disposed of as
directed by the Consolidated Government (including, if directed by the Consolidated Government,
transferred to the Consolidated Government). The Consolidated Government agrees that the sale, lease, or other disposition of all or any portion of the Projects or any interest therein shall not affect
its obligations under this Agreement.
Section 5.03. Consolidated Government’s Payment Obligations. (a) Until the principal
of, premium, if any, and interest on the Series 2020 Bond shall have been fully paid or provision for
the payment thereof shall have been made in accordance with the Bond Resolution, the Consolidated
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Government shall pay directly to the Bondholder for the account of the Agency as payment for the services rendered hereunder, on or before April 1, 2021, and on or before each October 1 and April 1
thereafter, to and including October 1, 20__, a sum equal to the amount payable on such date as
principal of, premium, if any, and interest on the Series 2020 Bond, as provided in the Bond
Resolution.
Until the principal of, premium, if any, and interest on the Bonds other than Institutional Bonds shall have been fully paid or provision for the payment thereof shall have been made in
accordance with the Bond Resolution, the Consolidated Government shall pay to the Sinking Fund
Custodian for the account of the Agency as payment for the services rendered hereunder, the
following amounts:
(i) on or before each March 31 or September 30, as the case may be, a sum equal to the amount payable on the next succeeding April 1 or October 1, whichever is closer, as interest on the
Bonds, as provided in the Bond Resolution, and
(ii) on or before each September 30, a sum equal to the principal of the Bonds due on the
next succeeding October 1, whether by maturity or by mandatory redemption, as provided in the
Bond Resolution.
Each payment under this Section due on the day preceding an interest or principal payment
date or redemption date until the Bonds other than Institutional Bonds are fully paid or payment is
provided therefor in accordance with the Bond Resolution shall in all events be sufficient, after
giving credit for funds held in the Sinking Fund available for such purpose, to pay the total amount
of interest, principal, redemption requirement, and premium, if any, payable on such Bonds on the next succeeding principal or interest payment date or on the next succeeding redemption date for
Bonds. Any such payment shall be reduced and need not be made to the extent that there are monies
on deposit in the Sinking Fund in excess of the amount required for the payment of Bonds
theretofore matured or called for redemption, the amount required for the payment of interest for
which checks or drafts have been mailed by or on behalf of the Agency, and past due interest in all cases where Bonds have not been presented for payment. Further, if the amount held by the Sinking
Fund Custodian in the Sinking Fund should be sufficient to pay at the times required the principal of,
premium, if any, and interest on the Bonds other than Institutional Bonds then remaining unpaid, the
Consolidated Government shall not be obligated to make any further payments under the provisions
of this Section (other than payments relating to Institutional Bonds). There shall also be a credit against remaining payments for Bonds other than Institutional Bonds purchased, redeemed, or
cancelled, as provided in Article III of the Bond Resolution. Any payment not received by the
Sinking Fund Custodian when due shall continue as an obligation of the Consolidated Government
until paid and shall bear interest at the rate of interest on the Bonds to which such payment relates.
As provided in Section 4.13 hereof, payments shall be increased to cover the payment of principal of, redemption premium, if any, and interest on any Additional Bonds.
(b) The Consolidated Government shall pay to the Agency, upon the date of issuance and
delivery of the Series 2020 Bond, a fee for issuing the Series 2020 Bond equal to $______. In
addition, the Consolidated Government agrees to pay all reasonable out-of-pocket costs and
expenses of the Agency incurred in connection with its negotiation, structuring, documenting, and closing the Series 2020 Bond, including, without limitation, the reasonable fees and disbursements
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of counsel for the Agency and Bond Counsel. The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Agency and the Bond Buyer incurred in
connection with their administration or modification of, or in connection with the preservation of
their rights under, enforcement of, or any refinancing, renegotiation, restructuring, or termination of,
this Agreement or any instruments referred to herein or any amendment, waiver, or consent relating
hereto, including, without limitation, the reasonable fees and disbursements of counsel for the Agency and counsel for the Bond Buyer.
The Consolidated Government will also pay to the Agency an amount equal to (i) any costs
incurred by the Agency in connection with the issuance of any series of Bonds to the extent such
costs are not paid from proceeds of such Bonds; (ii) the reasonable fees and expenses of the Bond
Registrar, the Paying Agent, the Sinking Fund Custodian, and the Project Fund Depository, to the extent that the Agency is obligated to pay such fees and expenses; and (iii) any costs reasonably
incurred by the Agency in connection with its ownership of the Projects, including, without
limitation, any costs of operation, maintenance, repair, replacement of the Projects.
Such additional payments shall be billed to the Consolidated Government by the Agency
from time to time, together with a statement certifying that the amount billed has been incurred or paid by the Agency for one or more of the above items. Amounts so billed shall be paid by the
Consolidated Government within thirty (30) days after receipt of the bill by the Consolidated
Government.
(c) In the event the Consolidated Government shall fail to make any of the payments
required in this Section 5.03, the item or installment so in default shall continue as an obligation of the Consolidated Government until the amount in default shall have been fully paid.
Section 5.04. Place of Payments. The payments provided for in Section 5.03(a) hereof
relating to Institutional Bonds shall be paid in lawful money of the United States of America in
immediately available funds directly to the Bondholder for the account of the Agency by the method
and at the address specified for such purpose by the Bondholder in writing to the Consolidated Government.
The payments provided for in Section 5.03(a) hereof relating to Bonds other than
Institutional Bonds shall be paid in lawful money of the United States of America directly to the
Sinking Fund Custodian for the account of the Agency and shall be deposited in the Sinking Fund.
The additional payments to be made to the Agency pursuant to Section 5.03(b) hereof shall be paid directly to the Agency for its own use or to such other person entitled to receive such payments for
the account of the Agency.
Section 5.05. Nature of Obligations of Consolidated Government Hereunder. (a) The
obligations of the Consolidated Government to make the payments required in Section 5.03 hereof
and other sections hereof and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Consolidated
Government and shall be absolute and unconditional irrespective of any defense or any rights of
setoff, recoupment, or counterclaim, except payment, it may otherwise have against the Agency.
The Consolidated Government agrees that it shall not (i) suspend, abate, reduce, abrogate, diminish,
postpone, modify, or discontinue any payments provided for in Section 5.03 hereof, (ii) fail to
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observe any of its other agreements contained in this Agreement, or (iii) except as provided in Article VII hereof, terminate its obligations under this Agreement for any contingency, act of God,
event, or cause whatsoever, including, without limiting the generality of the foregoing, failure of the
Agency to complete the Projects, failure of the Agency to acquire the Projects, failure of the Agency
to use the Projects as contemplated in this Agreement or otherwise, any change or delay in the time
of availability of the Projects, any acts or circumstances that may impair or preclude the use or possession of the Projects, any defect in the title, design, operation, merchantability, fitness, or
condition of the Projects or in the suitability of the Projects for the Consolidated Government’s
purposes or needs, failure of consideration, any declaration or finding that any of the Bonds are
unenforceable or invalid, the invalidity of any provision of this Agreement, any acts or
circumstances that may constitute an eviction or constructive eviction, destruction of or damage to the Projects, the taking by eminent domain of title to or the use of all or any part of the Projects,
failure of the Agency’s title to the Projects or any part thereof, commercial frustration of purpose,
any change in the tax or other laws of the United States of America or of the State or any political
subdivision of either thereof or in the rules or regulations of any governmental authority, or any
failure of the Agency to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Agreement.
(b) Nothing contained in this Section 5.05 shall be construed to release the Agency from
the performance of any of the agreements on its part herein contained. In the event the Agency
should fail to perform any such agreement on its part, the Consolidated Government may institute
such action against the Agency as the Consolidated Government may deem necessary to compel performance so long as such action does not abrogate the Consolidated Government’s obligations
hereunder. The Agency hereby agrees that it shall not take or omit to take any action that would
cause this Agreement to be terminated. The Consolidated Government may, however, at its own
cost and expense and in its own name or in the name of the Agency, prosecute or defend any action
or proceeding or take any other action involving third persons that the Consolidated Government deems reasonably necessary in order to secure or protect its right of possession, occupancy, and use
hereunder, and in such event the Agency hereby agrees to cooperate fully with the Consolidated
Government and to take all action necessary to effect the substitution of the Consolidated
Government for the Agency in any such action or proceeding if the Consolidated Government shall
so request.
Section 5.06. Revenues from the Projects. If and to the extent the Agency has available
revenues of any nature derived from the Projects after provision has been made for payment of all
expenses reasonably incurred or to be incurred in connection with its ownership of the Projects, the
Agency shall apply such revenues as directed in writing by the Consolidated Government.
[End of Article V]
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ARTICLE VI
ADDITIONAL COVENANTS
Section 6.01. Indemnity. To the extent permitted by the laws and Constitution of the State,
the Consolidated Government shall protect, hold harmless, and indemnify the Agency from and
against any and all liability, obligations, losses, claims, and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and
expenses, penalties, and interest arising out of or as the result of the entering into of this Agreement,
the ownership of any item of the Projects, the ordering, acquisition, construction, use, operation,
condition, purchase, delivery, rejection, storage, or return of any item of the Projects or any accident
in connection with the construction, operation, use, condition, possession, storage, or return of any item of the Projects resulting in damage to property or injury to or death of any person. The
indemnification arising under this Section shall continue in full force and effect notwithstanding the
full payment of all obligations under this Agreement and shall survive the termination of this
Agreement for any reason.
Section 6.02. Tax-Exempt Status of Tax-Exempt Bonds. The Consolidated Government recognizes that the purchasers and owners of the Tax-Exempt Bonds will have accepted the Tax-
Exempt Bonds on, and paid for the Tax-Exempt Bonds a price that reflects, the understanding that
interest on the Tax-Exempt Bonds is excluded from the gross income of the owners for federal
income tax purposes under laws in force at the time the Tax-Exempt Bonds shall have been
delivered.
The Consolidated Government covenants that it will not take or omit to take any action nor
permit any action to be taken or omitted that would cause the interest on any Tax-Exempt Bonds to
become includable in the gross income of any owner thereof.
The Consolidated Government agrees to furnish the Agency any items (including, without
limitation, certificates of the Consolidated Government and opinions of Bond Counsel) reasonably requested by it to evidence compliance with the covenants contained in this Section 6.02.
[End of Article VI]
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ARTICLE VII
ASSIGNMENT; PREPAYMENTS
Section 7.01. No Assignment by Consolidated Government. This Agreement may not be
sold, assigned, delegated, or encumbered by the Consolidated Government.
Section 7.02. Redemption of Bonds. The Agency, at the written direction of the Consolidated Government at any time and if the Bonds are then callable or available for purchase,
and if there are funds available therefor, shall forthwith take all steps that may be necessary under
the applicable redemption or purchase provisions of the Bond Resolution to effect redemption or
purchase of all or part of the then outstanding Bonds, as may be specified by the Consolidated
Government, on the earliest date on which such redemption or purchase may be made under such applicable provisions.
Section 7.03. Prepayment. There is expressly reserved to the Consolidated Government
the right, and the Consolidated Government is authorized and permitted, at any time it may choose,
to prepay all or any part of amounts payable under Section 5.03(a) hereof, and the Agency agrees
that any Institutional Bondholder or the Sinking Fund Custodian, as the case may be, may accept such prepayments when the same are tendered by the Consolidated Government. All amounts so
prepaid shall at the written direction of the Consolidated Government be credited toward the
payments specified in Section 5.03(a) hereof, in the order of their due dates, or applied to the
retirement of Bonds prior to maturity (either by redemption or purchase) in accordance with the
Bond Resolution. The Consolidated Government shall also have the right to surrender Bonds acquired by it in any manner whatsoever to the Agency for cancellation, and such Bonds, upon such
surrender and cancellation, shall be deemed to be paid and retired and shall be allocated as credits to
amounts payable under Section 5.03(a) hereof as provided in the Bond Resolution.
Section 7.04. Option to Prepay the Payments and Redeem the Series 2020 Bond at Prior Optional Redemption Dates. The Consolidated Government shall also have the option to prepay the payments provided for in Section 5.03(a) hereof related to the Series 2020 Bond and other
amounts payable under this Agreement in such manner and amounts as will enable the Agency to
redeem the Series 2020 Bond prior to maturity, in whole or in part on any date, as provided in
Section __ of the Supplemental Series 2020 Bond Resolution. The Series 2020 Bond redeemed
pursuant to this Section shall be redeemed in accordance with the procedures set forth in Article III of the Bond Resolution. The payments provided for in Section 5.03(a) hereof related to the Series
2020 Bond and other amounts payable by the Consolidated Government in the event of its exercise
of the option granted under this Section shall be (i), in the case of partial redemption, the amount
necessary to pay principal, all interest to accrue to the redemption date, the applicable redemption
premium, as provided in as provided in Section __ of the Supplemental Series 2020 Bond Resolution , and any redemption expense, and (ii) in the case of a total redemption, the amounts set forth in
Article XI of the Bond Resolution and the applicable redemption premium, as provided in Section __
of the Supplemental Series 2020 Bond Resolution of the Bond Resolution.
[End of Article VII]
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54037927.v2
ARTICLE VIII
EVENTS OF DEFAULT AND REMEDIES
Section 8.01. Events of Default Defined. The following shall be “Events of Default” under
this Agreement, and the terms “Event of Default” or “Default” shall mean, whenever they are used
in this Agreement, any one or more of the following events:
(a) The Consolidated Government’s failure to pay the amounts required to be paid under
Section 5.03 of this Agreement at the times specified therein.
(b) The Consolidated Government’s breach in any material respect of any representation
or warranty contained in this Agreement or the Consolidated Government’s failure in any material
respect to observe, perform, or comply with any covenant, condition, or agreement in this Agreement on the part of the Consolidated Government to be observed or performed, other than as
referred to in subsection (a) of this Section 8.01, for a period of thirty (30) days after written notice
specifying such breach or failure and requesting that it be remedied, given to the Consolidated
Government by the Agency or the Bondholders, unless the Bondholders shall agree in writing to an
extension of such time prior to its expiration. In the case of any such breach or default that cannot with due diligence be cured within such thirty (30) day period but can be wholly cured within a
period of time not materially detrimental to the rights of the Agency and the Bondholders, to be
determined conclusively by the Bondholders, it shall not constitute an Event of Default if corrective
action is instituted by the Consolidated Government within the applicable period and diligently
pursued until the breach or default is corrected in accordance with and subject to any directions or limitations of time established in writing by the Bondholders.
(c) The Consolidated Government shall (i) apply for or consent to the appointment of or
the taking of possession by a receiver, custodian, trustee, or liquidator of it or of all or a substantial
part of its property, (ii) enter into an agreement of composition with its creditors, (iii) admit in
writing its inability to pay its debts as such debts become due, (iv) make a general assignment for the benefit of its creditors, (v) commence a voluntary case under the federal bankruptcy law (as now or
hereafter in effect), (vi) file a petition or answer seeking to take advantage of any other law relating
to bankruptcy, insolvency, reorganization, winding up, or composition or adjustment of debts, (vii)
fail to controvert in a timely or appropriate manner or acquiesce in writing to any petition filed
against it in an involuntary case under such federal bankruptcy law, or (viii) take any action for the purpose of effecting any of the foregoing.
(d) A proceeding or case shall be commenced, without the application of the
Consolidated Government, in any court of competent jurisdiction, seeking (i) the liquidation,
reorganization, dissolution, winding up, or composition or adjustment of debts of the Consolidated
Government, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of the Consolidated Government or of all or any substantial part of the assets of it, or (iii) similar relief in
respect of the Consolidated Government under any law relating to bankruptcy, insolvency,
reorganization, winding up, or composition and adjustment of debts, and such proceeding or case
shall continue undismissed or an order, judgment, or decree approving or ordering any of the
foregoing shall be entered and shall continue unvacated and unstayed and in effect for a period of sixty (60) days, whether consecutive or not.
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Section 8.02. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Agency, in its discretion, may exercise any
one or more of the following remedies:
(a) The Agency may have access to and inspect, examine, and make copies of the books
and records and any and all accounts and similar data of the Consolidated Government.
(b) The Agency may from time to time take whatever action at law or in equity or under the terms of this Agreement may appear necessary or desirable to collect the amounts payable by the
Consolidated Government hereunder then due or thereafter to become due, or to enforce
performance and observance of any obligation, agreement, or covenant of the Consolidated
Government under this Agreement.
No action taken pursuant to this Section 8.02 shall relieve the Consolidated Government from its obligations pursuant to Section 5.03 hereof, all of which shall survive any such action, and
the Agency may take whatever action at law or in equity as may appear necessary and desirable to
collect the amounts then due and thereafter to become due or to enforce the performance and
observance of any obligation, agreement, or covenant of the Consolidated Government hereunder.
Section 8.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Agency is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Agency to exercise any
remedy reserved to it in this Article VIII, it shall not be necessary to give any notice, other than such
notice as may be herein expressly required. Such rights and remedies as are given the Agency
hereunder shall also extend to the Bondholders, and the Bondholders shall be deemed third party
beneficiaries of all covenants and agreements herein contained.
Section 8.04. Agreement to Pay Fees and Expenses. In the event the Consolidated
Government should default under any of the provisions of this Agreement and the Agency or the
Bondholders should employ attorneys, accountants, or other experts or incur other expenses for the
collection of amounts due hereunder or the enforcement of performance or observance of any
obligation or agreement on the part of the Consolidated Government herein contained, the Consolidated Government agrees that it shall on demand therefor pay to the Agency or to the
Bondholders for the account of the Agency the reasonable fees of such attorneys, accountants, or
other experts and such other expenses so incurred by the Agency or the Bondholders. Any
attorneys’ fees required to be paid by the Consolidated Government under this Agreement shall
include attorneys’ and paralegals’ fees through all proceedings, including, but not limited to, negotiations, administrative hearings, trials, and appeals.
Section 8.05. Waiver of Events of Default. The Agency may waive any Event of Default
hereunder and its consequences. In case of any such waiver, or in case any proceeding taken by the
Agency or the Bondholders on account of any such Event of Default shall be discontinued or
abandoned or determined adversely to the Agency or the Bondholders, then and in every such case
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the Agency and the Consolidated Government shall be restored to their former position and rights hereunder, but no such waiver or rescission shall extend to or affect any subsequent or other Event of
Default or impair or exhaust any right, power, or remedy consequent thereon.
[End of Article VIII]
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54037927.v2
ARTICLE IX
MISCELLANEOUS
Section 9.01. Notices. All notices, certificates, and other communications provided for
hereunder shall be in writing and sent (a) by telecopy or other electronic means if the sender on the
same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (b) by registered or certified mail with return receipt requested (postage
prepaid), or (c) by a recognized overnight delivery service (with charges prepaid). Any such notice
must be sent to any party hereto at the following addresses or to such other address as any party
hereto shall have specified in writing to the other parties:
If to the Agency: Urban Redevelopment Agency of Augusta c/o Administrator
535 Telfair Street, Suite 910
Augusta, Georgia 30901
Attention: Chairman
with a copy to: Augusta, Georgia
535 Telfair Street, Suite 800
Augusta, Georgia 30901
Attention: Finance Director
If to the Consolidated Government: Augusta, Georgia
535 Telfair Street, Suite 910
Augusta, Georgia 30901
Attention: Administrator
with a copy to: Augusta, Georgia
535 Telfair Street, Suite 800
Augusta, Georgia 30901
Attention: Finance Director
If to the 2020 Bond Buyer:
Notices under this Section 9.01 will be deemed given only when actually received.
Section 9.02. Construction and Binding Effect. This Agreement constitutes the entire
agreement of the parties concerning the subject matter hereof and supersedes any prior agreements
with respect thereto. This Agreement shall inure to the benefit of and shall be binding upon the Agency, the Consolidated Government, and their respective successors and assigns subject, however,
to the limitations contained in Section 7.01 hereof.
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54037927.v2
Section 9.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 9.04. Amounts Remaining in Funds. It is agreed by the parties hereto that any
amounts remaining in the Sinking Fund, the Project Fund, or other funds provided for herein upon
expiration or sooner termination of this Agreement, as provided in this Agreement, after payment in full of the Bonds (or provision for payment thereof having been made in accordance with the
provisions of the Bond Resolution), the fees, charges, and expenses of the Agency and the
Bondholders, in accordance with the terms hereof, and all sums due and owing to the Agency, shall
belong to and be paid to the Consolidated Government by the Agency as overpayment of amounts
payable by the Consolidated Government hereunder.
Section 9.05. Amendments, Changes, and Modifications. This Agreement may not be
amended, changed, modified, altered, or terminated, and the observance of any term hereof may not
be waived, except as provided in the Bond Resolution.
Section 9.06. Execution of Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 9.07. Law Governing Construction of this Agreement. This Agreement is
prepared and entered into with the intention that the law of the State of Georgia, exclusive of such
state’s rules governing choice of law, shall govern its construction.
Section 9.08. Immunity of Officials, Officers, and Employees of Agency and Consolidated Government. No recourse shall be had for the enforcement of any obligation,
covenant, promise, or agreement of the Agency or the Consolidated Government contained in this
Agreement or for any claim based hereon or otherwise in respect hereof against any member of a
Governing Body, officer, or employee, as such, in his individual capacity, past, present, or future, of
the Agency, the Consolidated Government, or any successor body, whether by virtue of any constitutional provision, statute, or rule of law, or by the enforcement of any assessment or penalty
or otherwise, it being expressly agreed and understood that this Agreement is solely a corporate
obligation of the Consolidated Government and the Agency payable only from the funds and assets
of the Consolidated Government and the Agency herein specifically provided to be subject to such
obligation and that no personal liability whatsoever shall attach to, or be incurred by, any member of a Governing Body, officer, or employee, as such, past, present, or future, of the Consolidated
Government or the Agency, or of any successor corporation, either directly or through the
Consolidated Government, the Agency, or any successor corporation, under or by reason of any of
the obligations, covenants, promises, or agreements entered into between the Agency and the
Consolidated Government whether contained in this Agreement or in the Bond Resolution or to be implied herefrom or therefrom as being supplemental hereto or thereto, and that all personal liability
of that character against every such member of a Governing Body, officer, and employee is, by the
execution of this Agreement and as a condition of and as part of the consideration for the execution
of this Agreement, expressly waived and released. The immunity of members of a Governing Body,
officers, and employees of the Agency and the Consolidated Government under the provisions
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54037927.v2
contained in this Section 9.08 shall survive the completion of the Projects and the termination of this Agreement.
[End of Article IX]
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54037927.v2
SIGNATURES AND SEALS
IN WITNESS WHEREOF, the Agency has executed this Agreement by causing its name to
be hereunto subscribed by its Chairman and by causing the official seal of the Agency to be
impressed hereon and attested by its Secretary; and the Consolidated Government has executed this
Agreement by causing its name to be hereunto subscribed by its Mayor and by causing the official
seal of the Consolidated Government to be impressed hereon and attested by its City Clerk; all being done as of the day and year first above written.
(SEAL)
URBAN REDEVELOPMENT AGENCY
OF AUGUSTA
By:
Chairman
Attest:
Secretary
(SEAL)
AUGUSTA, GEORGIA
By:
Mayor
Attest:
Clerk of Commission
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54037927.v2
EXHIBIT A
DESCRIPTION OF 2015 PROJECT
Urban redevelopment projects pursuant to and as contemplated by the Laney-Walker and
Bethlehem Urban Redevelopment Plan, including, but not limited to, property acquisition and
assemblage, clearance and demolition work, construction costs for new homes and neighborhood
infrastructure improvements, program management fees, appraisal fees, marketing costs, architect, engineering and surveying costs, environmental studies, property insurance costs, indirect allocation
costs, and real estate closing costs, but excluding any down payment assistance and other subsidies
associated with sales of homes on acquired property. Expenditures financed or refinanced from
proceeds of the Refunded Bonds for the years 2010 through 2015 are set forth on the attached
spreadsheets.
B-1
54037927.v2
EXHIBIT B
DESCRIPTION OF 2020 PROJECT
Urban redevelopment projects pursuant to and as contemplated by the Laney-Walker and
Bethlehem Urban Redevelopment Plan, including, but not limited to, property acquisition and
assemblage, clearance and demolition work, construction costs for new homes and neighborhood
infrastructure improvements, program management fees, appraisal fees, marketing costs, architect, engineering and surveying costs, environmental studies, property insurance costs, indirect allocation
costs, and real estate closing costs, but excluding any down payment assistance and other subsidies
associated with sales of homes on acquired property.
C-1
54037927.v2
EXHIBIT C
DOCUMENTATION PURSUANT TO SECTION 2.02(J)
[Attached]
$__________ URBAN REDEVELOPMENT AGENCY OF AUGUSTA
REVENUE BOND (LANEY-WALKER AND BETHLEHEM PROJECT),
FEDERALLY TAXABLE SERIES 2020
BOND PURCHASE AGREEMENT
September __, 2020
Urban Redevelopment Agency of Augusta
Augusta, Georgia
Augusta, Georgia
Augusta, Georgia
Ladies and Gentlemen:
On the basis of the representations, warranties, and covenants contained in this Bond
Purchase Agreement, and upon the terms and conditions contained in this Bond Purchase
Agreement, the undersigned, _____________________ (the “Bond Buyer”), hereby offers to
purchase from the Urban Redevelopment Agency of Augusta (the “Agency”) $__________ in original principal amount of its Revenue Bond (Laney-Walker and Bethlehem Project), Federally
Taxable Series 2020 (the “Bond”), and hereby offers to enter into this Bond Purchase Agreement
with the Agency and Augusta, Georgia (the “Consolidated Government”), which will become
binding upon the Agency and the Consolidated Government and upon the Bond Buyer upon the
Agency’s and the Consolidated Government’s validly authorized acceptance by execution of this Bond Purchase Agreement and its delivery to the Bond Buyer at or prior to 9:00 a.m., Atlanta,
Georgia time, on __________, 2020.
SECTION 1. BACKGROUND.
Pursuant to a Master Bond Resolution duly adopted by the governing body of the Agency
on August 17, 2020, as supplemented and amended by a Supplemental Series 2020 Bond Resolution duly adopted by the governing body of the Agency on September __, 2020
(collectively the “Bond Resolution”), at meetings duly called and held, the Agency has
authorized the issuance, delivery, and sale of the Bond. The Bond will be issued under and
secured by the Bond Resolution.
The Agency will use the proceeds of the sale of the Bond (1) to refund $10,390,000 in aggregate principal amount of the Agency’s Taxable Revenue Bonds (Laney-Walker and
Bethlehem Project), Series 2015, maturing on October 1, 2020 (the “Refunded Bonds”), (2) to
finance the costs of acquiring, constructing, and installing certain urban redevelopment projects
-2-
contemplated by the urban redevelopment plan entitled “Laney-Walker and Bethlehem Urban Redevelopment Plan” (the “Project”), and (3) to finance related costs and necessary expenses
incidental thereto.
The Agency and Consolidated Government will enter into an Intergovernmental Service
Agreement (the “Agreement”), dated as of _________, 2020, under the terms of which the
Consolidated Government (1) will agree to make payments to the Agency in amounts sufficient to enable the Agency to pay the principal of, premium, if any, and interest on the Series 2020
Bond when due, and (2) will agree to levy an annual ad valorem tax on all taxable property
located within the territorial limits of the Consolidated Government, at such rate or rates, within
the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II of the
Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an
Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive), or
within such greater millage as may hereafter be prescribed by applicable law, as may be
necessary to produce in each year revenues that are sufficient to fulfill the Consolidated
Government’s obligations under the Agreement.
As security for the payment of the principal of, premium, if any, and interest on the Bond,
the Agency has pledged and assigned for the benefit of the owners of the Bond its right, title, and
interest in and to the Agreement, including the payments to be made thereunder (and except for
Unassigned Rights), to the payment of principal of, premium, if any, and interest on the Bond,
pursuant to the Bond Resolution.
Capitalized terms used herein and not defined shall have the meaning assigned to such
terms in the Bond Resolution and the Agreement.
SECTION 2. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF THE
AGENCY.
By the Agency’s acceptance hereof it hereby represents and warrants to, and covenants and agrees with, the Bond Buyer that:
(a) The Agency is a public body corporate and politic duly created and validly existing
under the laws of the State of Georgia. The Agency is authorized by virtue of the laws of the
State of Georgia, including Chapter 61 of Title 36 of the Official Code of Georgia Annotated,
known as the “Urban Redevelopment Law,” to issue the Bond to provide funds to be used to be used to refund the Refunded Bonds, to finance the costs of acquiring, constructing, and installing
the Project, and to pay all expenses necessary to accomplish the foregoing, to be the pledgor and
assignor as provided in the Bond Resolution, and to enter into and execute, deliver, and perform
this Bond Purchase Agreement and the Agreement.
(b) The Agency has complied with all provisions of the Constitution and statutes of the State of Georgia with respect to the consummation of, and has full power and authority to
consummate, all transactions contemplated by this Bond Purchase Agreement, the Bond, the
Bond Resolution, the Agreement, and any and all other agreements relating thereto and to issue,
sell, and deliver the Bond to the Bond Buyer on behalf of the Agency as provided herein.
-3-
(c) By the Bond Resolution duly adopted by the Agency at a meeting duly called and held, it has duly and validly authorized the issuance and sale of the Bond and the execution and
delivery of this Bond Purchase Agreement, the Agreement, and any other agreements relating
thereto.
(d) The representations of the Agency contained in this Bond Purchase Agreement and
any certificate, document, written statement, or other instrument furnished to the Bond Buyer by or on behalf of the Agency in connection with the transactions contemplated hereby do not
contain any untrue statement of a material fact relating to the Agency and do not omit to state a
material fact relating to the Agency necessary in order to make the statements contained herein
and therein relating to the Agency not misleading. Nothing has come to the attention of the
Agency that would materially and adversely affect or in the future may (so far as the Agency can now reasonably foresee) materially and adversely affect the transactions contemplated by this
Bond Purchase Agreement, which have not been set forth in writing to the Bond Buyer or in the
other certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the
Agency prior to the date hereof in connection with the transactions contemplated hereby.
(e) The Agency has duly and validly authorized all necessary action to be taken by it for: (1) the issuance and sale of the Bond upon the terms set forth herein and in the Bond
Resolution; (2) the passage and approval of the Bond Resolution providing for the issuance of
and security for the Bond (including the pledge by the Agency of the Pledged Revenues); (3) the
execution, delivery, receipt, and due performance of this Bond Purchase Agreement, the Bond,
the Bond Resolution, the Agreement, and any and all such other agreements and documents as may be required to be executed, delivered, or received by the Agency in order to carry out, give
effect to, and consummate the transactions contemplated hereby and by the Bond Resolution;
and (4) the carrying out, giving effect to, and consummation of the transactions contemplated
hereby and by the Bond Resolution. This Bond Purchase Agreement and the Agreement, when
executed by the other parties thereto on the Closing Date (as hereinafter defined), will have been duly and validly executed and delivered by the Agency, will be in full force and effect as to the
Agency, and will constitute the legal, valid, binding, and enforceable obligations of the Agency,
enforceable in accordance with their terms, except as limited by applicable bankruptcy,
reorganization, insolvency, or other similar laws affecting the enforcement of creditors’ rights
generally and by general principles of equity affecting remedies. The Bond, when issued, delivered, and paid for as herein and in the Bond Resolution provided, will have been duly and
validly authorized and issued and will constitute valid and binding special or limited obligation
of the Agency enforceable in accordance with its terms and provisions and entitled to the
benefits and security of the Bond Resolution. Original executed counterparts of this Bond
Purchase Agreement and the Agreement, a certified copy of the Bond Resolution will be delivered to the Bond Buyer by the Agency at the Closing Time (as hereinafter defined).
(f) There is no action, suit, proceeding, inquiry, or investigation at law or in equity or
before or by any court, public board, or body pending or, to the knowledge of the Agency, after
making due inquiry with respect thereto, threatened against or affecting the Agency (or to its
knowledge, after making due inquiry with respect thereto, any basis therefor), wherein an unfavorable decision, ruling, or finding would adversely affect the transactions contemplated
hereby or the validity of the Bond, the Agreement, this Bond Purchase Agreement, the Bond
Resolution, or any other agreement or instrument to which the Agency is a party or by which the
-4-
Agency is bound and which is used or contemplated for use in the consummation of the transactions contemplated hereby.
(g) The Agency is not in violation of any material provision of its organic documents,
any statute, court or administrative rule or regulation, decree, judgment, or order (the “Legal
Requirements”) to which it is a party or by which it or its property is subject or bound, or in
breach of or default under any agreement, note, resolution, ordinance, indenture, mortgage, security deed, lease, indebtedness, lien, instrument, plan, or other restriction (the “Contractual
Requirements”) to which it is a party or by which it or its property is subject or bound, which
materially and adversely affects the transactions contemplated hereby. The execution and
delivery of this Bond Purchase Agreement, the Bond, the Agreement, the Bond Resolution, and
the other agreements contemplated hereby and by the Bond Resolution and the compliance with the provisions thereof will not conflict with or violate or constitute on the Agency’s part a breach
of or a default under any of the Legal Requirements or Contractual Requirements to which it is a
party or by which it or its property is subject or bound. No approval, authorization, consent, or
other action by any governmental authority is required in connection with the execution and
delivery by the Agency of the Bond, the Bond Resolution, the Agreement, or this Bond Purchase Agreement, or in connection with the performance by it of its obligations hereunder or
thereunder, which has not been previously obtained or accomplished.
(h) The Agency will not knowingly take or omit to take any action, which action or
omission will in any way cause the proceeds from the sale of the Bond to be applied in a manner
other than as provided in the Bond Resolution or the Agreement.
(i) Any certificate signed by any of the Agency’s authorized officers and delivered to
the Bond Buyer shall be deemed a representation and warranty by the Agency to the Bond Buyer
under this Bond Purchase Agreement as to the statements made therein.
(j) As of the Closing Date, the Bond Buyer will have received a valid and effective first
and prior lien on the on the Agreement and the Pledged Revenues.
(k) The Agency acknowledges and agrees that these representations and warranties are
made to induce the Bond Buyer to purchase the Bond, and that such representations and
warranties and any other representations and warranties made by the Agency to the Bond Buyer
are made for the benefit of the Bond Buyer and may be relied upon by the Bond Buyer.
SECTION 3. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF THE CONSOLIDATED GOVERNMENT.
By the Consolidated Government’s acceptance hereof it hereby represents and warrants
to, and covenants and agrees with, the Bond Buyer that:
(a) The Consolidated Government is a political subdivision of the State of Georgia duly
created and validly existing under the laws of the State of Georgia. It is authorized by virtue of the laws of the State of Georgia to enter into and execute, deliver, and perform the Agreement
and this Bond Purchase Agreement. The Consolidated Government has complied with all
provisions of the Constitution and statutes of the State of Georgia with respect to the
consummation of, and has full power and authority to consummate, all transactions contemplated
-5-
by the Agreement, this Bond Purchase Agreement, and any and all other agreements relating thereto.
(b) The Consolidated Government has duly authorized by all necessary action the
execution, delivery, and performance of the Agreement and this Bond Purchase Agreement, and
no approval, authorization, consent, or other action by any governmental body (other than
consents and approvals already obtained) is required in connection with the execution or performance by the Consolidated Government of the same, and neither the execution nor the
performance of the Agreement or this Bond Purchase Agreement will conflict with, breach, or
violate any Legal Requirements or Contractual Requirements to which the Consolidated
Government is a party or by which it or its property may be subject or bound. This Bond
Purchase Agreement and the Agreement, when executed by the other parties thereto at or before the Closing Time (as hereinafter defined), will have been duly and validly executed and
delivered by the Consolidated Government, will be in full force and effect as to the Consolidated
Government, and will constitute the legal, valid, binding, and enforceable obligations of the
Consolidated Government, enforceable in accordance with their terms, except as limited by
applicable bankruptcy, reorganization, insolvency, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity affecting remedies.
(c) The Consolidated Government is not in material violation of its organic documents
and is not in violation of any material provision of or in default under any Legal Requirement or
Contractual Requirement to which it is a party or by which it or its property is subject or bound,
which violation will have any material adverse effect on the financing contemplated hereby, nor will any such violation result in any material adverse effect upon the operations, properties,
assets, liabilities, or condition (financial or other) of the Consolidated Government.
(d) There is no pending or, to the best of the Consolidated Government’s knowledge,
after making due inquiry with respect thereto, threatened, action, suit, proceeding, inquiry, or
investigation, before or by any court, public board, or body against the Consolidated Government, nor, to the best knowledge of the Consolidated Government, is there any basis
therefor, which would materially and adversely affect the transactions contemplated hereby or
which would materially and adversely affect the Bond, the Agreement, or this Bond Purchase
Agreement, or which might result in any material adverse change in the operations, properties,
assets, liabilities, or condition (financial or other) of the Consolidated Government.
(e) To the best knowledge of the Consolidated Government, no legislation, ordinance,
rule, or regulation has been enacted by any governmental body, department, or agency of the
State of Georgia nor has any decision been rendered by any court of competent jurisdiction in the
State of Georgia, which would materially and adversely affect the transactions contemplated
hereby.
(f) Subsequent to the date of this Bond Purchase Agreement and prior to the Closing
Date, except as disclosed in writing to the Bond Buyer, (1) the Consolidated Government has not
incurred and shall not have incurred any material liabilities or obligations, direct or contingent,
except in the ordinary course of business and has not entered and will not have entered into any
material transaction not in the ordinary course of business; (2) there has not been and will not have been any increase in the long-term debt or decrease in the fund balances of the
-6-
Consolidated Government; (3) there has not been and will not have been any material adverse change in the business or the financial position or results of operations of the Consolidated
Government; (4) no loss or damage (whether or not insured) to the property of the Consolidated
Government has been or will have been sustained that materially and adversely affects the
operations of the Consolidated Government; and (5) no legal or governmental proceeding
affecting the Consolidated Government or the transactions contemplated by this Bond Purchase Agreement has been or will have been instituted or threatened that is material.
(g) Any certificate signed by any of its authorized officials and delivered to the Bond
Buyer shall be deemed a representation and warranty by the Consolidated Government to the
Bond Buyer under this Bond Purchase Agreement as to the statements made therein.
(h) The Consolidated Government will not knowingly take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the Bond to be
applied in a manner other than as provided in the Bond Resolution or the Agreement.
(i) The Consolidated Government will, not later than 210 days after the end of each
fiscal year of the Consolidated Government, provide annual audited financial statements of the
Consolidated Government in an electronic format and accessible to the Bond Buyer either on the Consolidated Government’s official website (which is currently available at
www.augustaga.gov) or on the Electronic Municipal Market Access system of the MSRB (which
is currently available at http://emma.msrb.org).
(j) The Consolidated Government acknowledges and agrees that these representations
and warranties are made to induce the Bond Buyer to purchase the Bond, and that such representations and warranties and any other representations and warranties made by the
Consolidated Government to the Bond Buyer are made for the benefit of the Bond Buyer and
may be relied upon by the Bond Buyer.
SECTION 4. PURCHASE, SALE, AND DELIVERY OF THE BOND.
On the basis of the representations, warranties, and covenants contained herein and in the other agreements referred to herein, and subject to the terms and conditions herein set forth, the
Bond Buyer hereby agrees to purchase from the Agency at the Closing Time and the Agency
hereby agrees to sell to the Bond Buyer at the Closing Time, the Bond at a price of 100% of the
principal amount thereof ($__________).
The Bond shall be issued under and secured as provided in the Bond Resolution, and the Bond shall have the maturities and interest rate, be subject to redemption, and shall be otherwise
as described and as set forth in the Bond Resolution.
Payment of the purchase price for the Bond shall be made by wire in immediately
available funds payable to the order of the Agency at the offices of Butler Snow LLP, Atlanta,
Georgia at 10:00 a.m., local time, on September __, 2020, or such other place, time, or date as shall be mutually agreed upon by the Agency and the Bond Buyer, against delivery of the Bond
to the Bond Buyer. The date of such delivery and payment for the Bond is herein called the
“Closing Date,” and the hour and date of such delivery and payment is herein called the “Closing
Time.”
-7-
SECTION 5. CONDITIONS TO THE BOND BUYER’S OBLIGATIONS.
The Bond Buyer’s obligations hereunder shall be subject to the due performance in all
material respects by the Consolidated Government and the Agency of their obligations and
agreements to be performed hereunder at or prior to the Closing Time and to the accuracy of and
compliance with in all material respects their representations and warranties contained herein, as
of the date hereof and as of the Closing Time, and are also subject to receipt of the following evidence and documents and satisfaction of the following conditions, as appropriate, at or prior
to the Closing Time:
(a) The Bond, the Agreement, and the Bond Resolution shall have been duly
authorized, executed, and delivered by the respective parties thereto in the forms
heretofore approved by the Bond Buyer with only such changes therein as shall be mutually agreed upon by the parties thereto and the Bond Buyer, and shall be in full force
and effect on the Closing Date.
(b) There shall not have occurred, in the sole opinion of the Bond Buyer, any
material adverse change, or any material adverse development involving a prospective
change, in or affecting the business, condition (financial or other), results of operations, prospects, or properties of the Consolidated Government.
(b) On the Closing Date, the Bond Buyer’s purchase of the Bond shall (i) be
permitted by the laws and regulations of each jurisdiction to which the Bond Buyer is
subject, (ii) not violate any applicable law or regulation (including, without limitation,
Regulation G, T, or X of the Board of Governors of the Federal Reserve System), and (iii) not subject the Bond Buyer to any tax, penalty, or liability under or pursuant to any
applicable law or regulation, which law or regulation was not in effect on the date hereof.
(c) At or before the Closing Time, the Bond Buyer shall receive:
(1) The opinions, dated as of the Closing Date, of (A) Shepard,
Plunkett & Hamilton, LLP, counsel to the Agency, in substantially the form attached hereto as Exhibit A; (B) Shepard, Plunkett & Hamilton, LLP, counsel to
the Consolidated Government, in substantially the form attached hereto as Exhibit
B; (C) Butler Snow LLP, Bond Counsel, in substantially the forms attached hereto
as Exhibit C, all as may be in form and substance satisfactory to, and approved
by, the Bond Buyer.
(2) A closing certificate of the Agency, satisfactory in form and
substance to the Bond Buyer, executed by the Chairman of the Agency, attested
by the Secretary of the Agency, or of any other of the Agency’s duly authorized
officers satisfactory to the Bond Buyer, dated as of the Closing Date, to the effect
that: (A) the Agency has duly performed and satisfied hereunder or complied with all of its obligations and conditions to be performed and satisfied hereunder
at or prior to the Closing Time and each of its representations and warranties
contained herein have not been amended, modified, or rescinded and is in full
force and effect and is true and correct in all material respects as of the Closing
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Time; (B) the Agency has duly authorized, by all necessary action, the execution, delivery, receipt, and due performance of the Bond, the Bond Resolution, the
Agreement, this Bond Purchase Agreement, and any and all such other
agreements and documents as may be required to be executed, delivered,
received, and performed by the Agency to carry out, give effect to, and
consummate the transactions contemplated hereby; (C) no litigation is pending, or, to his knowledge after making due inquiry with respect thereto, threatened
against the Agency, to restrain or enjoin the issuance or sale of the Bond or in any
way affecting any authority for or the validity of the Bond, the Bond Resolution,
the Agreement, or the Agency’s existence or powers or its right to use the
proceeds of the Bond as contemplated in the Bond Resolution; (D) the execution, delivery, receipt, and due performance of the Bond, the Bond Resolution, the
Agreement, this Bond Purchase Agreement, and the other agreements
contemplated hereby and by the Bond Resolution under the circumstances
contemplated hereby and thereby and the Agency’s compliance with the
provisions thereof will not conflict with or be in violation of or constitute on the Agency’s part a breach of or a default under any Legal Requirement or
Contractual Requirement to which the Agency is a party or by which it or its
property may be subject or bound.
(3) A closing certificate of the Consolidated Government, satisfactory
in form and substance to the Bond Buyer, executed by the Mayor of the Consolidated Government, attested by the Consolidated Government Clerk, or of
any other duly authorized officials of the Consolidated Government satisfactory to
the Bond Buyer, dated as of the Closing Date, to the effect that: (A) since the
date hereof there has not been any material adverse change in the business,
properties, financial position, or results of operations of the Consolidated Government, whether or not arising from transactions in the ordinary course of
business, other than as previously disclosed in writing to the Bond Buyer, and
except in the ordinary course of business, the Consolidated Government has not
suffered or incurred any material liability, other than as previously disclosed in
writing to the Bond Buyer; (B) there is no action, suit, proceeding, or, to the best of the official’s knowledge, after making due inquiry with respect thereto, any
inquiry or investigation at law or in equity or before or by any public board or
body pending or, to his knowledge after making due inquiry with respect thereto,
threatened against or affecting the Consolidated Government or its property or, to
his knowledge after making due inquiry with respect thereto, any basis therefor, wherein an unfavorable decision, ruling, or finding would adversely affect the
transactions contemplated hereby or by the Bond Resolution or the validity or
enforceability of the Bond, the Agreement, or this Bond Purchase Agreement,
which have not been previously disclosed in writing to the Bond Buyer; (C) the
Consolidated Government has duly authorized, by all necessary action, the execution, delivery, receipt, and due performance of the Agreement and this Bond
Purchase Agreement and any and all such other agreements as may be required to
be executed, delivered, received, and performed by the Consolidated Government
to carry out, give effect to, and consummate the transactions contemplated by this
Bond Purchase Agreement; (D) the Consolidated Government has duly performed
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or complied with all of its obligations and conditions to be performed and satisfied hereunder at or prior to the Closing Date; (E) the representations
contained herein have not been amended, modified, or rescinded and are in full
force and effect, and the information and representations and warranties contained
herein are true and correct, as of the Closing Date; and (F) the execution, delivery,
receipt, and due performance of the Agreement, this Bond Purchase Agreement, and the other agreements contemplated hereby and the Consolidated
Government’s compliance with the provisions thereof will not conflict with or
violate or constitute on the Consolidated Government’s part a breach of or a
default under any Legal Requirement or Contractual Requirement to which the
Consolidated Government is a party or by which it or its property may be subject or bound.
(4) Such additional certificates and other documents, agreements, and
opinions as the Bond Buyer and its counsel may reasonably request to evidence
performance of or compliance with the provisions hereof and the transactions
contemplated hereby and by the Bond Resolution, all such certificates and other documents to be satisfactory in form and substance to the Bond Buyer.
All opinions shall be addressed to the Bond Buyer, and may also be addressed to such
other parties as the giver of such opinion agrees to. All certificates, if addressed to any party,
shall also be addressed to the Bond Buyer. All such opinions, letters, certificates, and documents
shall be in compliance with the provisions hereof only if they are in all material respects satisfactory to the Bond Buyer and to counsel to the Bond Buyer, as to which both the Bond
Buyer and its counsel shall act reasonably. If any condition of the Bond Buyer’s obligation
hereunder to be satisfied prior to the Closing Time is not so satisfied, this Bond Purchase
Agreement may be terminated by the Bond Buyer by notice in writing to the Agency and the
Consolidated Government. The Bond Buyer may waive in writing compliance by the Agency or the Consolidated Government of any one or more of the foregoing conditions or extend the time
for their performance.
SECTION 6. REPRESENTATIONS OF THE BOND BUYER.
The Bond Buyer represents that it is purchasing the Bond for its own account or for one
or more separate accounts maintained by it for investment purposes or for its loan portfolio and not with a view to the distribution thereof, provided that the disposition of its property shall at all
times be within its control. The Bond Buyer agrees (1) to execute and deliver to the Agency and
the Consolidated Government an Investment Letter substantially in the form attached hereto as
Exhibit D, at or prior to the Closing Time, and (2) that the Bond may not be resold unless the
Bond Buyer complies with the restrictions on resale set forth in such Investment Letter.
SECTION 7. CONDITIONS OF THE AGENCY’S AND THE CONSOLIDATED
GOVERNMENT’S OBLIGATIONS.
The Agency’s and the Consolidated Government’s obligations hereunder are subject to
the Bond Buyer’s performance of its obligations hereunder. The Bond Buyer represents that it is
duly authorized to execute and deliver this Bond Purchase Agreement and that upon execution
-10-
and delivery of this Bond Purchase Agreement by the other parties hereto, this Bond Purchase Agreement shall constitute a legal, valid, and binding agreement of the Bond Buyer enforceable
in accordance with its terms. The Agency and the Consolidated Government covenant to use
their best efforts to accomplish, or cause to be accomplished, the conditions set forth herein to
the Bond Buyer’s obligations. To the extent to which the Agency and the Consolidated
Government are not in breach of this covenant, the Agency and the Consolidated Government shall not be liable to the Bond Buyer for its lost profits, if any.
SECTION 8. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS TO
SURVIVE DELIVERY.
All of the Agency’s and the Consolidated Government’s representations, warranties, and
agreements shall remain operative and in full force and effect (unless expressly waived in writing by the Bond Buyer), regardless of any investigations made by the Bond Buyer or on its behalf,
and shall survive delivery of the Bond to the Bond Buyer.
SECTION 9. PAYMENT OF EXPENSES.
Whether or not the Bond is sold by the Agency, the Bond Buyer shall be under no
obligation to pay any expenses incident to the performance of the Agency’s or the Consolidated Government’s obligations hereunder. Unless the Agency, the Consolidated Government, and the
Bond Buyer otherwise agree, all costs incurred in connection with the issuance or attempted
issuance of the Bond and all expenses and costs to effect the authorization, preparation, issuance,
delivery, distribution, and sale of the Bond (including, without limitation, attorneys’ and
accountants’ fees, financial advisor’s fees, bond registrar’s and paying agent’s fees, and the expenses and costs for the preparation, printing, photocopying, execution, and delivery of the
Bond, the Bond Resolution, the Agreement, this Bond Purchase Agreement, and all other
agreements and documents contemplated hereby) shall be paid by the Agency out of the
proceeds of the Bond or, if the Bond is not sold by the Agency or if the proceeds of the Bond are
not sufficient, shall be paid by the Consolidated Government.
SECTION 10. LIMITED OBLIGATIONS.
The Bond Buyer acknowledges that the Bond and the pecuniary obligations of the
Agency under this Bond Purchase Agreement do not constitute a debt or a pledge of the faith and
credit or the taxing power of the Consolidated Government or the State of Georgia or any
political subdivision thereof, but are the Agency’s special and limited obligations payable solely from the Pledged Revenues. The Consolidated Government represents and warrants to the Bond
Buyer that its obligation to make the payments under the Agreement is an obligation of the
Consolidated Government, payable from any unencumbered funds, to which its full faith and
credit and taxing power are pledged.
SECTION 11. NOTICE.
Any notice or other communication to be given to the Agency under this Bond Purchase
Agreement may be given by mailing or delivering the same in writing to the Urban
Redevelopment Agency of Augusta, c/o Administrator, 535 Telfair Street, Suite 910, Augusta,
Georgia 30901, Attention: Chairman, with a copy to Augusta, Georgia, 535 Telfair Street, Suite
-11-
800, Augusta, Georgia 30901, Attention: Finance Director; any notice or other communication to be given to the Consolidated Government under this Bond Purchase Agreement may be given by
mailing or delivering the same in writing to Augusta, Georgia, 535 Telfair Street, Suite 910,
Augusta, Georgia 30901, Attention: Administrator, with a copy to Augusta, Georgia, 535 Telfair
Street, Suite 800, Augusta, Georgia 30901, Attention: Finance Director; and any notice or other
communication to be given to the Bond Buyer under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to _____________________.
SECTION 12. APPLICABLE LAW; NONASSIGNABILITY.
This Bond Purchase Agreement shall be governed by the laws of the State of Georgia.
This Bond Purchase Agreement shall not be assigned by the Agency or the Consolidated
Government.
SECTION 13. PARTIES IN INTEREST.
This Bond Purchase Agreement shall be binding upon, and has been and is made for the
benefit of, the Agency, the Consolidated Government, and the Bond Buyer, and to the extent
expressed, any person controlling the Agency or the Bond Buyer and their respective executors,
administrators, successors, and assigns, and no other person shall acquire or have any right or interest under or by virtue hereof. The term “successors and assigns” shall not include any
purchaser, as such, of any Bond.
SECTION 14. ARMS-LENGTH TRANSACTION.
The Agency and the Consolidated Government acknowledge and agree with the Bond
Buyer that (i) the purchase and sale of the Bond pursuant to this Bond Purchase Agreement is an arm’s-length commercial transaction among the Agency, the Consolidated Government, and the
Bond Buyer; (ii) in connection with such transaction, the Bond Buyer and its affiliates are acting
solely as a principal and not as an advisor including, without limitation, a “municipal advisor” as
such term is defined in Section 15B of the Securities and Exchange Act of 1934, as amended,
and the related final rules (the “Municipal Advisor Rules”), agent or a fiduciary of the Consolidated Government; (iii) the Bond Buyer and its affiliates are relying on the bank
exemption in the Municipal Advisor Rules; (iv) the Bond Buyer has not assumed an advisory or
fiduciary responsibility in favor of the Agency or the Consolidated Government with respect to
the transaction contemplated hereby or the discussions, undertakings, and procedures leading
thereto (irrespective of whether the Bond Buyer has provided other services or is currently providing other services to the Agency or the Consolidated Government on other matters); (v)
the Bond Buyer and its affiliates have financial and other interests that differ from those of the
Agency and the Consolidated Government; and (vi) the Agency and the Consolidated
Government each has consulted with its own financial, legal, accounting, tax, and other advisors,
as applicable, to the extent it deemed appropriate.
-12-
SECTION 15. EXECUTION OF COUNTERPARTS.
This Bond Purchase Agreement may be executed in several counterparts, each of which
shall be regarded as an original and all of which shall constitute one and the same document.
Very truly yours,
[NAME OF BOND BUYER]
By: Authorized Officer
(Signatures continue on following page)
-13-
(Signatures continued from previous page)
Accepted as of the date first above written: URBAN REDEVELOPMENT AGENCY OF AUGUSTA
By: Chairman
(SEAL)
Attest:
Secretary
AUGUSTA, GEORGIA
By: Mayor
(SEAL)
Attest:
Clerk of Commission
EXHIBIT A
Form of Agency’s Counsel Opinion
[Attached]
EXHIBIT B
Form of Consolidated Government’s Counsel Opinion
[Attached]
EXHIBIT C
Form of Bond Counsel Opinion
[Attached]
EXHIBIT D
Form of Investment Letter
[Attached]
INVESTMENT LETTER
___________, 2020
Urban Redevelopment Agency of Augusta
Augusta, Georgia
Augusta, Georgia
Augusta, Georgia
Re: $__________ Urban Redevelopment Agency of Augusta Revenue Bond (Laney-
Walker and Bethlehem Project), Federally Taxable Series 2020
Ladies and Gentlemen:
In consideration of the sale to the undersigned by the Urban Redevelopment Agency of
Augusta (the “Agency”) of the above-captioned bond (the “Bond”), the undersigned hereby represents, warrants, covenants, and agrees as follows:
1. The undersigned is an institutional “accredited investor” within the meaning of Rule
501(a)(1), (2), (3), or (7) promulgated under the Securities Act of 1933, as amended (the “1933
Act”).
2. The undersigned is purchasing the Bond for investment for its own account or for its loan portfolio (and not for any other account) and is not purchasing the Bond for resale or other
disposition, and the undersigned has no present intention of reselling or otherwise disposing of
all or any part of the Bond or dividing its interest therein, but the undersigned reserves the right
to sell, sell participation interests in, transfer, assign, pledge, or otherwise dispose of the Bond as
it chooses. The undersigned agrees that it will not sell, transfer, assign, or otherwise dispose of the Bond or any ownership interest therein (1) unless it obtains from the purchaser and delivers
to the Agency and Augusta, Georgia (the “Consolidated Government”) an agreement similar in
form and substance to this Investment Letter and (2) except in compliance with the applicable
provisions of the 1933 Act, the Securities Exchange Act of 1934, as amended (the “1934 Act”),
any rules and regulations promulgated under either Act, and the applicable securities laws of any other jurisdiction, and in connection therewith, the undersigned agrees that it shall furnish to any
purchaser of the Bond or any interest therein all information required by applicable law.
3. The undersigned, through its agents and employees, has investigated the
Consolidated Government. The undersigned acknowledges that it has been furnished with or has
been given access, without restriction or limitation, to all of the underlying documents in connection with this transaction, the Bond and the Consolidated Government, as well as all other
information which a reasonable, prudent, and knowledgeable investor would desire in evaluating
the purchase of the Bond. The undersigned acknowledges that the Consolidated Government
Urban Redevelopment Agency of Augusta
Augusta, Georgia
________, 2020
Page 2
and other knowledgeable parties have made available to it and its representatives the opportunity
to obtain any additional information which it may desire and the opportunity to ask any questions
it may desire of and receive satisfactory answers from the Consolidated Government concerning the security and source of payment of the Bond and the Consolidated Government.
4. In reaching the conclusion that it desires to acquire the Bond, the undersigned has
carefully evaluated all risks associated with this investment or loan and acknowledges that it is
able to bear the economic risk of this investment or loan. The undersigned, by reason of its
knowledge and experience in financial and business matters, is capable of evaluating the merits and risks of the investment in the Bond or the loan evidenced by the Bond. The representations
in this Investment Letter shall not relieve the Agency or the Consolidated Government from any
obligation to disclose any information required by the documents entered into in connection with
the issuance of the Bond or required by any applicable law.
5. If the proposal and offer herein contained is satisfactory to you, you may so indicate by having the following acceptance executed by your duly authorized officer and by returning a
copy to us. This Investment Letter and your acceptance will then constitute an agreement with
respect to the matters herein contained as of the date hereof. This Investment Letter is expressly
for your benefit and may not be relied upon by any other party.
Very truly yours,
[NAME OF BOND BUYER]
By:
Title:
Urban Redevelopment Agency of Augusta
Augusta, Georgia
________, 2020
Page 3
Accepted as of the date first above written: URBAN REDEVELOPMENT AGENCY OF AUGUSTA
By: Chairman
(SEAL)
Attest:
Secretary
AUGUSTA, GEORGIA
By: Mayor
(SEAL)
Attest:
Clerk of Commission
Commission Meeting Agenda
9/1/2020 2:00 PM
Grounds Maintenance
Department:
Department:
Caption:Discuss and offer solutions for ongoing grounds maintenance
shortfalls that is the city's main entry points into the county.
(Requested by Commissioner Brandon Garrett)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
commission meetings: First and third ruesdays of each month - 2:00 p.m.
committee meetings: Second and last Tuesdays of each month - l:00 [.m.
Commission/committee: (Please check one and insert meeting date)
Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
DateofMeeting dep/ l, ZoZo
Date of Meeting .-
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
contact Information for Individuaupresenter Making the Request:
Name:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
Caption/Topic of Discussion to be placed on the Agenda:
Please send this request form to the following address:
Ms. Lena J. Bonner
Clerk of Commission
Room 806 Municipal Building
530 Greene Street
Augusta, GA 30901
Telephone Number: 706-82l-1820
Fax Number: 706-821-1838
E-MailAddress: nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice no later than 9:00 a.m. on the Thursday preceding the Commission meeting and 9:00a.m. on the Thursday preceding the Committee meeting of the following *eek. A five-minute time limit wiII be allowed for presentations.
Commission Meeting Agenda
9/1/2020 2:00 PM
Affidavit
Department:
Department:
Caption:Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo