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Home My WebLink About2020-11-04 Meeting AgendaCommission Meeting Agenda Virtual/Teleconference 11/4/2020 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.Update from Mr. Bob Young regarding recent meeting with state officials relative to establishing a state veterans cemetery in Augusta. Attachments B.Mr. Robert W. Lee request discount on payment of taxes in light of H5A Exemption Attachments CONSENT AGENDA (Items 1-2) PUBLIC SERVICES 1.Motion to approve proposed amendments to Augusta, Georgia Code, Title 6, Chapter 4, Masseurs and Masseuses, Massage Parlors And/Or Health Spas to include deleting the regulatory fee, clarifying the application fee, and throughout the code replacing License and Inspection Department with Planning and Development Department and Augusta- Richmond County with Augusta, Georgia. (Approved by the Commission on October 20, 2020 - second reading) Attachments PETITIONS AND COMMUNICATIONS 2.Motion to approve the minutes of the Regular Meeting held on October 20, 2020.Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/4/2020 AUGUSTA COMMISSION REGULAR AGENDA 11/4/2020 (Items 3-46) PUBLIC SERVICES 3.Motion to approve New Ownership Application: A.N. 20-41: request by Dae Young Lee for a retail package Liquor, Beer & Wine License to be used in connection with JC Package Store located at 2501 Peach Orchard Rd. District 2. Super District 9. Attachments 4.Motion to approve New Ownership Application: A.N. 20-43: A request by Yusufali Lorgat for a retail package Beer & Wine License to be used in connection with Super Express # 5 located at 3341 Deans Bridge Rd. District 5. Super District 9. Attachments 5.Motion to approve New Ownership Application: A.N.-20-42: request by Yusufali Lorgat for a retail package Beer & Wine License to be used in connection with Super Express #7 located at 1901 Gordon Highway. District 5. Super District 9. Attachments 6.Motion to approve the 2021 Cooperative Sub-Grant Agreement with the CSRA Regional Commission - Area Agency on Aging for Senior Nutrition Services for Augusta, Georgia. Attachments 7.Report/update from Director of Recreation Department regarding missing funds from McDuffie Woods Community Center. (Deferred from the October 20, 2020 meeting) Attachments 8.Report from Recreation Department regarding the implementation of electronic tracking software for keeping track of recreation parks and facility rentals, logging deposits and payments. (Deferred from the October 20, 2020 meeting) Attachments 9.Motion to approve the Exit Lane Security Equipment Sole Source Purchase. Attachments 10.Discuss the Augusta-Richmond County Coliseum Authority's new arena project. (Requested by Commissioner Marion Williams)Attachments 11.Motion to approve a Resolution to enter Contract with Bateman Community Living, LLC d.b.a. Trio Community Meals. Attachments 12.Report from Code Enforcement regarding the large accumulation of wooden crates on the State Farmer Market's Property. (Requested by Commissioner Marion Williams) Attachments ADMINISTRATIVE SERVICES 13.Motion to approve the purchase of one (1) Riding Greens Mower for $26,494.00 each from Tri-State Pump and Control, Inc. of Liberty, SC for the Parks and Recreation Department-Municipal Golf Course. Bid Item 20-160 Attachments 14.Motion to approve the purchase of two (2) Backhoe Loaders for $74,172.00 each, totaling $148,344.00 from Low Country Machinery of Pooler, GA for the Utilities Department, Construction Division. Bid Item 20-186A Attachments 15.Discuss the Augusta Commission's Rules of Procedures. (Requested by Commissioner Marion Williams)Attachments 16.Motion to approve Housing and Community Development Department’s (HCD's) request to amend two (2) construction contracts between HCD and J. Lovett Homes & Construction, LLC for workforce single family housing units located at 400 McQueen Court (lot #10) and 406 McQueen Court (lot #11). Attachments 17.Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to Collaborative Development Corporation, Inc. for 1229 Perry Avenue. Attachments 18.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 19.Motion to approve eleven (11) Emergency Rehabilitation projects. Attachments 20.Motion to approve Housing and Community Development Department’s (HCD's) request to enter into a contractual agreement with Wesley Estates to construct six (6) single-family rental units. Attachments 21.Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist three (3) low-to- moderate income homebuyers with gap financing, down payment and closing cost to purchase homes through the Homebuyer Subsidy Program. Attachments 22.Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to J. Lovett Homes and Construction, LLC for (3) three affordable housing units on McQueen Court. Attachments 23.Motion to approve Housing and Community Development Department’s (HCD’s) request to execute the Wells Fargo amendment specific to the transfer of delinquent loans. Attachments 24.Motion to approve submission by Housing and Community Development Department (HCD) of a Substantial Amendment Request for the Reallocation of $699,920.68 in CDBG funds and $193,000.00 in HOPWA funds to the FY2019 Annual Action Plan, as required by the City of Augusta’s HUD-approved Citizen Participation Plan. Attachments 25.For Discussion. The Planning & Development Department request approval to name the conference room on the third floor the 'Charles Case Conference Room’, in memory of Charles W. Case, Code Enforcement Inspector. Attachments 26.Update from Director of Human Resources regarding the recruitment process for the position of Director of Augusta Utilities Department. (Deferred from the October 20, 2020 meeting) Attachments PUBLIC SAFETY 27.Motion to approve a policy allowing the outgoing commissioners and mayors to purchase their respective cell phone and/or iPad after their last day in office. (Requested by Commissioner Mary Davis) Attachments 28.Motion to approve a request from the Richmond County Sheriff's Office to approve fundi to support the Georgia Emergency Management Agency (GEMA) Region #5 Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) team in the amount of $30,000.00. Attachments 29.Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $38,750.00 to implement the Department of Homeland (DHS) State Homeland Security Grant Program. Attachments 30.Motion to accept an award in the amount of $52,000.00 from the Department of Homeland Security for the Richmond County Sheriff's Office Bomb K-9 Unit. Monies will assist RCSO in sustaining the Bomb-K-9. Attachments 31.Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $45,657.00 to implement the Justice Assistance Grant (JAG). Attachments 32.Presentation from McGrath Assessment Consultant with an update to the public on the Augusta Fire Department Needs Assessment and discuss the future of the department's leadership moving forward. (Requested by Commissioner Brandon Garrett) Attachments 33.Motion to approve the update to the Augusta-Richmond County Local Emergency Operations Plan and authorize the Mayor to sign the plan. Attachments 34.Motion to approve the award of RFP # 20-154 Consulting Services - EMS Director for Augusta Fire Department to Augusta University for an initial term of three (3) years with the possibility of two (2) additional one (1) year extensions. The fee will be for $44,000.00 per year. Attachments 35.Motion to approve the award of - RFP 20-233 Rear Mount Aerial Platform Truck for Augusta Fire Department to Ten-8 Fire & Safety in the amount of $1,203,380. Attachments 36.Motion to approve and accept a grant for the continuation of the Victims of Crime Act (VOCA) Grant with funding from the Criminal Justice Coordinating Council of Georgia to provide services to crime victims from October 1, 2020 through September 30, 2021, and authorize the Mayor to execute the necessary documents. Attachments FINANCE 37.Motion to approve a request from Mr. Patrick Feistel for the abatement of the taxes for the Garden City Rescue Mission in downtown Augusta, Georgia. Attachments 38.Motion to approve ratifying $25,000 funding to assist Greater Augusta Interfaith Coalition's Total Census Count Initiative from the 2020 Contingency Fund. (Requested by Commissioner Bill Fennoy) Attachments ENGINEERING SERVICES 39.Motion to approve to Supplement Construction to Superior Construction Company Southeast, LLC in the amount of $158,201.98 for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River Repair and Restoration Projects, subject to bonds as requested by AED. Bid 19-291 Attachments 40.Motion to approve award of Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Lake Dredging and Disposal Site Construction) and Phase 2 (Disposal Site Capping)) to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging subject to Value Engineering as requested by the AED. Also Approve and Authorize executing Phase 1 contract not to exceed in the amount of $4,905,500.00. Award is contingent upon receipt of signed contract. Requested by AED. RFP 20-224 Attachments 41.Motion to approve and authorize Augusta Engineering Department (AED) to submit, accept and receive Georgia Department of Transportation (GDOT) Financial Assistance from GDOT FY2021 Local Maintenance and Improvement Grant (FY2021 LMIG) for Road & Drainage Improvements & maintenance projects (Listed under Financial Impact Section) as requested by AED. Attachments 42.Motion to approve request for funding the final lease payment totaling $272,016.28 to Caterpillar Financial Services for two motor graders used in AED Maintenance operations and complete the lease term closeout process. Attachments 43.Update from the Utilities Department on the Sanitary Sewer Connection Program- areas serviced, scheduled areas, and future scheduled areas. (Requested by Commissioner Bill Fennoy) Attachments 44.Motion to approve Additional funding for Engineering Preliminary Design Phase (design phase2/SA3) of the Design Consultant Services Agreement to CHA (formerly Wolverton & Associates, Inc.) in the amount of $192,377.31 for the Willis Foreman Improvement Project as requested by the AED. RFQ 17-265 Attachments 45.Motion to approve supplemental funding (SA1) for Engineering Preliminary and Final Design Phases (PE) of the Design Consultant Services Agreement to CHA (formerly Wolverton & Associates, Inc.) in the amount of $859,132.28 for the Wrightsboro Road Improvements Project as requested by the AED. RFQ 19-238 Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 46.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 11/4/2020 2:00 PM State Veterans Cemetary Department: Department: Caption:Update from Mr. Bob Young regarding recent meeting with state officials relative to establishing a state veterans cemetery in Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Robert W. Lee Department: Department: Caption:Mr. Robert W. Lee request discount on payment of taxes in light of H5A Exemption 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) f commission Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting AJo/ j, ztszd Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Contact Information for IndividuaUPresenter Making the Request: Name: Address: Telephone Number: Fax Number: E-Mail Address: Caption/Toplc of Discussion to placed on 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: 7 06-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerkts Office no later than 9:00 a.m. on the Thursday preceding the Commission meeting and 9:00 a.m. on the Thursday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. 202A Pro BillNo. Steve B. Kendrick Richmond County Tax Commissioner 535 Telfair Street-Suite '100 Augusta, GA 30901 MAKE CHECK OR MONEY ORDER PAYABLE TO: Richmond County Tax Commissioner Steve B. Kendrick Richmond County Tax Commissioner 535 Telfair Street-Suite 100 Augusta, GA 30901 Phcne: 706-821-2391 Fax: 706-821-2419 LOcation: 2216 GMND BLVD'.-_--or rnqurnes concernrng your tax mestead exemptions or motor issioner's Office at 535 Telfair - Suite 100. www.arctax.com l Tax Payer: LEE ROBERT WILLIE Map Code: 072-4-031-00-0 REAL Description : 2216 GRAND BLVD Location: 2216 GRAND BLVD BillNo: 2020-844509 District: 002 RICHMOND COUNTY Map:072-4-031 -00-0 Printed: 091021202A bills- I e registrations please call 06-821-2391 or visit the Tax LEE ROBERT WILLIE PO BOX 14053 AUGUSTA, GA 30901 RETURN THIS PORTION WITH PAYMENT (lnterest will be added per month if not paid by due date) Oa * Discount Date Gooci Gross Tax ayment-[ 11116t2020 08t28t2020 09t1712020 TOTALS 3l lnterest will accrue each month to any unpaid principal portion of a bill according to (SO.C.G.A. 48-2-40). An additional 10% penalty will be added to any unpaid principal balance on December 20th. Due to the property tax relief passed by the Governor, the House of Representatives and the Georgia State Senate, the gradual reduction and elimination of the State property tax may result in a reduction of your tax bill this year. 768.57 00t 0.00 q!q g.qq 0.04 (\. (,i.i rca.s/, Printed: 09102/2020 Commission Meeting Agenda 11/4/2020 2:00 PM Massage Therapy Operator Department:Planning & Development Department:Planning & Development Caption:Motion to approve proposed amendments to Augusta, Georgia Code, Title 6, Chapter 4, Masseurs and Masseuses, Massage Parlors And/Or Health Spas to include deleting the regulatory fee, clarifying the application fee, and throughout the code replacing License and Inspection Department with Planning and Development Department and Augusta-Richmond County with Augusta, Georgia. (Approved by the Commission on October 20, 2020 - second reading) Background:The Georgia Code titled ‘Professions and Businesses’, Chapter 24A Massage Therapy Practice, specifically prohibits local taxation or fees imposed on massage therapy businesses unless the fee is imposed on all health care professionals….The Augusta Code includes a regulatory fee of $155 on massage therapy operators. Analysis:The approval of the proposed amendments will bring the Augusta Code into compliance with the State code, correct the department name that administers the ordinance, and clarifies that the one-time applications fee is $120. Financial Impact:The proposed regulatory fee amendment will reduce the annual taxes and fees paid by a massage therapy operator by an amount of $155. The business will continue paying the Occupational Tax (business license). Alternatives:Do not approve. Recommendation:Approve Funds are Available in the N/A Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 4, MASSEURS AND MASSEUSES, MASSAGE PARLORS AND/OR HEALTH SPAS, SECTION 6-4-1 THROUGH SECTION 6-4-19; SO AS TO REVISE THE TITLE, AND CORRECT THE DEPARTMENT NAME THROUGHOUT THE ORDINANCE; TO DELETE THE REGULATORY FEE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT MASSAGE THERAPY OPERATORS SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 4, Masseurs And Masseuses, Massage Parlors And / Or Health Spas, Section 6-4-1 through Section 6-4-19, is hereby amended by deleting these sections in there entirety, AND a new title and Section 6-4-1 through Section 6-4-19 are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2020. ______________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2020 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ “EXHIBIT A” (Amended sections are: strikethrough and highlighted yellow) Chapter 4 MASSAGE THERAPY OPERATOR MASSEURS AND MASSEUSES, MASSAGE PARLORS AND/OR HEALTH SPAS* Sec. 6-4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Director means Augusta's Director of the License & Inspection Planning and Development Department, or such other county official as the Augusta- Richmond County Augusta, Georgia Commission may designate from time to time to carry out the functions of the director as specified in this chapter. (b) Exempt person means: (1) A physician, osteopath, physical therapist, chiropodist, podiatrist or chiropractor licensed in the state, and an assistant of any such professional working in the same office and under the direct supervision of such professional; (2) A registered nurse or licensed practical nurse licensed in the state, who performs massage therapy only in the normal course of performing nursing duties; (3) Any athletic trainer working as such within the athletic department of any accredited school, college, university or seminary, or in connection with any professional athletic team or competition; and (4) Hospitals, clinics, nursing and convalescent homes, assistant living facilities and other similar facilities licensed under the laws of the state, and dedicated to medical or nursing practices where massage therapy may be given, and the employees and/or independent contractors of such facilities who perform themassage therapy for the patients at such facilities in the normal course of carrying out their duties at such facility. (c) License means an operator's and/or massage therapy license issued pursuant to the terms of this chapter and O.C.G.A Title 43, Ch. 24A. (d) Licensee means the person to whom an operator's license is issued under the terms of this chapter. (e) Massage Therapy means the systematic and scientific manipulation and treatment of soft tissues of the body, including the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration, range of motion stretches and any other soft tissue manipulation, whether manual or by mechanical or electrical apparatus, and may include the use of oils, lotions, creams, salt glows, hydrotherapy, heliotherapy and hot and cold packs. (f) Massage therapy business means the business of owning, operating, conducting and carrying on the offering and/or providing massage treatments. (g) Massage therapist license means a license to perform massages on members of the public, which license is issued pursuant to the terms of O.C.G.A Title 43, Ch. 24A. (h) Operator's license means a license to own, operate, conduct and carry on the business of offering or providing massage to members of the public, which license is issued pursuant to the terms of this chapter. (i) Premises means one physically identifiable place of business of one or more contiguous rooms operating under the same trade name where massages are performed. This term shall include reception rooms, treatment rooms, office areas, patio areas and any other areas located within the property lines of the land on which the massage therapy business is located. *State law reference—O.C.G.A. 43-24A effective July1, 2007. Sec. 6-4-2. License required. Any person desiring to own, operate, conduct or carry on, in Augusta, Georgia, the business of offering or providing massage therapy, before doing so, shall have in his possession a then current operator's license. A licensee holding an operator's license under this chapter is not authorized or licensed to actually perform the massage therapy on customers of the massage therapy business unless such licensee also holds a massage therapy license. Any person, other than an exempt person, employed or otherwise engaged by a massage therapy business to perform massage therapy on members of the public shall, prior to engaging in such activity, have in such person's possession, a then current massage therapy license issued by the State of Georgia. A licensee holding a massage therapy license is not licensed to own, operate, conduct or carry on a massage therapy business operating without a operator's license. All such licenses shall be issued in accordance with the requirements of this chapter. Any massage therapy business which does not maintain an office in Augusta, but which sends a massage therapist into Augusta to provide massage therapy on an outcall basis, must possess an operator's license. Any person providing massage therapy in Augusta on an outcall basis must possess a massage therapy license. State law reference—O.C.G.A § 43-24A. Sec. 6-4-3. Qualifications for operator's license. (a) In order to obtain an operator's license under this chapter, the applicant must satisfy the following requirements: (1) Must be at least 18 years of age and have received a high school diploma or graduate equivalency diploma; (2) Must be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States. Where an applicant is other than a natural person, such applicant must be an entity organized and existing under the laws of the United States or one of its states, and the natural persons who are required to join in the application must meet the qualifications of this subsection; (3) If the applicant is a general partnership, the application must be made jointly by the partnership, any managing partner and all other partners owning at least a 20 percent I nterest in the assets or revenues of the partnership. If there is no managing partner and there is no partner meeting the ownership requirements, then the application must be made jointly in the name of the partnership and the general partners owning the greatest percentage interest in the assets and revenues of the partnership. At least one of the applicants shall be a natural person. If none of the applicants required in this subsection is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application; (4) If the applicant is a limited partnership or a limited liability partnership, the application shall be made jointly by the limited partnership or limited liability partnership, its general partners and any other partner owning at least a 20 percent interest in the assets or revenues of the limited partnership or limited liability partnership. At least one of the applicants must be a natural person. If none of the applicants required in this subsection is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application; (5) If the applicant is a corporation, the application shall be made jointly in the name of the corporation and its president or vice-president, and any stockholder owning at least 20 percent of the total outstanding capital stock of the corporation; (6) If the applicant is a limited liability company, the application shall be made jointly in the name of the limited liability company and its managers, and any member owning at least a 20 percent interest in the assets or revenues of the limited liability company; (7) If the applicant is an entity other than a natural person, partnership, limited partnership, limited liability partnership, corporation or a limited liability company, the application shall be made jointly in the name of the entity, the natural person having chief executive officer authority over the business activities of the entity and any other person having at least a five percent interest in the assets or revenues of the entity. The application shall further disclose the type of entity making the application and every person having an ownership interest in the assets or revenues of the entity; (8) Licenses issued to corporations, limited liability companies, general partnerships, limited partnerships, limited liability partnerships or other types of entities must be issued jointly to the entity, and all of the other persons required by this section to join in the application; (9) No person shall be granted a license unless it shall appear to the satisfaction of the Augusta-Richmond County Augusta, Georgia Commission that such person shall be of good moral character, or in the case of an entity which is not a natural person, that such entity has a good reputation. In no event shall a license be granted to any person who has been convicted or has pled guilty or entered a plea of nolo contendere to any charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime within a period of ten years immediately prior to the filing of such application. In the case of partnerships, corporations, limited partnerships, limited liability partnerships, limited liability companies or other business entities, an operator's license shall not be issued to the partnership, corporation, limited partnership, limited liability partnership, limited liability company or other entity if any partner, officer, director, shareholder, member or other person required to be listed on the application cannot meet the requirements set forth in this subsection. At the time an application is submitted for an operator's license, the applicant shall, by a duly sworn affidavit: (a.) Certify that all of the requirements of this section have been met by the applicant and the other persons required to be listed on the application as specified in this subsection (9); and (b.) Consent to a criminal background check and release Augusta, its elected officials, officers, agents, employees and representatives from any liability resulting from any criminal background check performed on the applicant. (10) No operator's license shall be issued to any person convicted of or pleading guilty or nolo contendere to any charge under any federal, state or local law constituting a felony, within ten years prior to the date of the filing of the application for the operator's license; (11) No operator's license shall be issued to any person who has had any license issued under the police powers of Augusta revoked within two years prior to the filing of the application for an operator's license; (12) The Augusta-Richmond County Augusta, Georgia Commission may decline to issue an operator's license when any person having any ownership interest in or control over the land or building in which the establishment to be operated pursuant to the license will be located does not meet the same character requirements as set forth in this section for the licensee; (13) If a person in whose name an operator's license is issued is not a resident of Augusta, such person must appoint and continuously maintain in Augusta a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter may be served. The registered agent must be a resident of Augusta. If the licensee is not a natural person, the licensee will be required to appoint and maintain a registered agent in Augusta if it does not have an agent in Augusta upon whom process can legally be served on such entity under the laws of the state. The licensee shall file the name of such registered agent, along with such registered agent's written consent to serve as such agent, with the director of administrative services; (14) An application for an operator's license may be denied where it appears to the Augusta-Richmond County Augusta, Georgia Commission that the applicant does not have adequate financial strength or adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the applicant is intended or likely to be a surrogate for a person who would not otherwise qualify for an operator's license; and, (15) At the time of filing the application for an operator's license and thereafter, the applicant must have in his employ or under a binding contract, a person who holds a massage therapy license who has agreed to perform the massage therapy for the applicant if the operator's license is granted. (b) After the license has been issued, should any person in whose name such license is issued be convicted of or plead guilty or nolo contendere to a charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime, the operator's license shall be immediately revoked and canceled. Sec. 6-4-4. Qualifications for massage therapy license. State law reference—State law has preempted this field. See the "Georgia Massage Therapy Practice Act," for acquiring a massage therapy license, O.C.G.A. §§ 43-24A-1 et seq. Sec. 6-4-5. Application for operator’s license. (a) Forms. A person desiring to obtain a massage therapy operator's license shall make appli- cation to the director on the forms prescribed by the Augusta, Georgia Augusta, -Richmond County Commission. (b) Operator's license. The application for an operator's license shall require, but shall not be limited to, the following information: (1) The name and address of each applicant as required by § 6-4-3; (2) The name and location of the proposed business to be carried on, and the name and address of the owner of the premises in which the business is to be carried on. If the business is to be operated on an outcall basis, then the address will be the address and premises where the office of the massage therapy business is located; (3) A description of all of the goods and services to be offered in the proposed business; (4) A financial statement current within three months of the application evidencing the financial responsibility of the applicants; and, (5) Such other material as required by Augusta. (c) Reserved. (d) Incomplete applications; swearing to before notary public. Failure to pay the license and regulatory fees at the time of filing the license application fee, or failure to furnish all information as required by an application form, will cause the application to be deemed to be incomplete and no action will be taken thereon until such application is complete. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. Sec. 6-4-6. Approval procedures. (a) An application for a license under this chapter shall be presented to the Augusta-Richmond County Augusta, Georgia Commission within 45 days after the date such application is deemed complete. The director shall notify the applicant in writing of the date on which the application will be presented to the Commission. (b) At the time the application is presented to the Augusta-Richmond County Augusta, Georgia Commission, the applicant may appear and present any matters in support of the application, and any other person may appear and present matters in opposition to the application. (c) If the application presentation is made to the Augusta-Richmond County Augusta, Georgia Commission, upon the completion of the presentation, or if the presentation is made to a designated committee, upon presentation of the report, the Commission shall take action denying or granting the application or deferring action for a period not to exceed 45 days in order to obtain further information. If the application is denied, the Commission shall set forth the reasons for such denial. (d) In all instances in which an application for an operator's license is denied under the provi- sions of this chapter, the applicant may not reapply for an operator's license for the same location for at least one year from the date of such denial. Sec. 6-4-7. Revocation, suspension of operator’s license. (a) Upon a violation of this Chapter, or any other local, state, or federal law, Augusta's License and Inspection Planning and Development Director may immediately suspend the license of said violator. Such suspension shall be for a period of 30 days. Whenever, in the opinion of the director, there is cause to permanently revoke an operator's massage therapy license, a written notice of intention to revoke such license shall be furnished to the holder thereof not less than ten days before the meeting of the Augusta-Richmond County Augusta, Georgia Commission, at which time the holder of the license may make such showing as he may deem proper. After a hearing, the Commission may permanently revoke the license if in its discretion it is in the best interest of peace and good order of Augusta. Such a finding may only be made upon a violation of the laws of Georgia, the United States, or Augusta, Georgia Augusta-Richmond County. (b) In addition, cause for revocation or suspension of a license under this chapter shall include, but not be limited to, the following actions by the license holder: (1) Conviction of or a plea of guilty or nolo contendere to a charge of prostitution, masturbation for hire or any other sexual service crime involving engaging in sexual activities for compensation or sexual misconduct of any kind in any jurisdiction to which the applicant was subject. (2) If holding an operator's license, conviction of or a plea of guilty or nolo contendere to a charge of prostitution, masturbation for hire or any other sexual service crime involving engaging in sexual activities for compensation or sexual misconduct of any kind by an employee of the massage therapy business operated pursuant to such license, in the course of business. (3) Permitting a person who does not hold a current massage therapy license under this chapter, except as provided in § 6-4-13, to provide massage therapy to members of the public. (4) Allowing the use of an individual's license by an unlicensed person. (5) Providing false or forged information to the Commission in obtaining a license under this chapter. (6) Impersonating a license holder. (7) Using or attempting to use a license that has expired or been revoked. (8) Violation of any provision of this chapter. Sec. 6-4-8. Automatic license forfeiture for nonuse. Any licensee holding an operator's license under this chapter, who shall, for a period of six consecutive months, cease to operate the massage therapy business as authorized in the operator's license, shall automatically forfeit the license without the necessity of any further action. If the massage therapy business operation is interrupted as a result of damage to the premises where the massage therapy business is located which makes it impractical to operate the massage therapy business, and if repairs of such damage are commenced within such six- month period and diligently pursued to completion, or as a result of the premises being remodeled, then this section shall not apply to such cessation of operation. If a license is issued for the operation of a massage therapy business in a building which has not yet been completed, the license will not be forfeited unless the licensee fails to begin operations of the massage therapy business within a period of 180 days from the date of issuance of the license. Sec. 6-4-9. Expiration; renewal of operator’s license. (a) Each license granted under this chapter shall expire on December 31 of the calendar year in which the license was issued. A licensee who desires to renew his license shall file an applica- tion with the director, on the form provided for license renewal. Applications for renewal must be filed on or before October 31 of the year in which the license being renewed expires. If a renewal application is received after October 31, Augusta cannot assure the applicant that a renewal license will be issued by January 1 of the following calendar year, and the licensee will have to cease operations from such January 1 until the renewal license is issued. If a license renewal application is received after the December 31 expiration date, such application shall be treated as an application for a new license and the applicant shall be required to comply with all rules, regulations and fees for the granting of licenses as if no previous license had been issued. (b) Any person applying for renewal of a license must pay the license and regulatory fee at the time of filing the application. Failure to pay such fee at that time shall result in the applica- tion for renewal being treated as not filed or as being withdrawn. Sec. 6-4-10. Separate application and operator's license for each business location. Each operator's license under this chapter shall be limited to the operation of a massage therapy business at a specific location or out of which specific location an outcall massage therapy busi- ness is operated as described in the license. A separate application must be made and separate operator's licenses must be obtained for each location at which a massage therapy business is conducted or out of which an outcall massage therapy business is operated. Sec. 6-4-11. Display of license. (a) An operator's license shall, at all times, be kept plainly exposed to public view at the pre- mises for which the license was granted. (b) A massage therapy license shall, at all times, be kept plainly exposed to public view at the place where the holder of the massage therapy license is performing massage therapy. Sec. 6-4-12. Report of licensed employees. Within ten days after a written request of the director, a holder of an operator's license under this chapter shall provide to the director a list of the names and addresses of the people working in the massage therapy business who hold a then current massage therapy license. Sec. 6-4-13. Apprentices. State law reference—State law has preempted this field. See the "Georgia Massage Therapy Practice Act," for acquiring a massage therapy license, O.C.G.A. §§ 43-24A-16 et seq. Sec. 6-4-14. Transitional massage therapy license. State law reference—State law has preempted this field. See the "Georgia Massage Therapy Practice Act," for acquiring a massage therapy license, O.C.G.A. §§ 43-24A-1 et seq. Sec. 6-4-15. Waiver for non-massage modalities. Any person who desires to provide in Augusta, only certain bodywork services which the person believes are of a modality that is not a massage as defined in this chapter, may request from the Augusta-Richmond County Augusta, Georgia Commission a waiver of the licensing requirements of this chapter for conducting the business of and providing such bodywork services. Such request shall be made on forms promulgated by the director on which the person seeking the waiver shall fully explain why the modality involved is not massage. The Augusta- Richmond County Augusta, Georgia Commission shall then act upon the request. If the request is granted, licensing requirements of this chapter shall be waived for the person making the request and his employees performing the bodywork services described in the request. If the request is denied, all of the licensing requirements of this chapter shall apply. Sec. 6-4-16. Fees. (a) Upon making application for a license under this chapter, the applicant shall pay an application license and regulatory fee of one-hundred and twenty dollars ($120), and upon approval, pay the Occupation Tax for such license. as set forth in Augusta-Richmond County Augusta, Georgia Code § 2-1, Finance and Taxation,-3 (c) and such other fees as may be established from time to time by Augusta. All applicants shall be furnished a copy of the schedule of fees at the time of application for a license under this chapter. (b) All licenses granted under this chapter shall be for the calendar year. and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for a license application filed after July 1 of the license year. (c) Each application for a license under this chapter shall be accompanied by a check or money order for the full amount of the license application fee. together with a separate check or money order in the amount of the regulatory fees applicable to such license. If the applicant is denied a license, the license fee shall be refunded. but the regulatory fees shall be retained and are nonrefundable. Sec. 6-4-17. Transferability. No license under this chapter shall be transferable. Sec. 6-4-18. Violation; penalties. (a) Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by penalties and costs as set forth in § 1-6-1. (b) In addition to the penalties set forth in subsection (a) of this section, the Augusta-Rich- mond County Augusta, Georgia Commission may revoke or suspend a license for violation of this chapter as set forth in section § 6-4-7, which shall be a distinct and separate penalty. Any violation of this chapter, or any failure to comply with the requirements of this chapter, shall be grounds for immediate suspension or revocation of any and all licenses held by the licensee regardless of the number of licenses or locations involved, and regardless of whether or not the licensee knew of or contributed to such violation. It is the intent of this subsection, without limiting the generality thereof, to grant to the Commissioners the right to suspend or revoke any and all licenses held by a licensee when any violation of this chapter occurs at any place of business operated by the licensee pursuant to a license. (Ord. No. 6580, § 1, 12-17-02) Sec. 6-4-19. Severability. If any section, provision, or clause or any part of this Chapter shall be declared invalid or un- constitutional, or if the provisions of any part of this Chapter as applied to any particular situa- tion or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Chapter not so held to be invalid, or the applica- tion of this Chapter to other circumstances not so held to be invalid. It is hereby declared as the intent that this Chapter would have been adopted had such invalid portion not been included herein. ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 4, MASSEURS AND MASSEUSES, MASSAGE PARLORS AND/OR HEALTH SPAS, SECTION 6-4-1 THROUGH SECTION 6-4-19; SO AS TO REVISE THE TITLE, AND CORRECT THE DEPARTMENT NAME THROUGHOUT THE ORDINANCE; TO DELETE THE REGULATORY FEE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT MASSAGE THERAPY OPERATORS SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 4, Masseurs And Masseuses, Massage Parlors And / Or Health Spas, Section 6-4-1 through Section 6-4-19, is hereby amended by deleting these sections in there entirety, AND a new title and Section 6-4-1 through Section 6-4-19 are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2020. ______________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2020 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ “EXHIBIT A” Chapter 4 MASSAGE THERAPY OPERATOR Sec. 6-4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Director means Augusta's Director of the Planning and Development Department, or such other county official as the Augusta, Georgia Commission may designate from time to time to carry out the functions of the director as specified in this chapter. (b) Exempt person means: (1) A physician, osteopath, physical therapist, chiropodist, podiatrist or chiropractor licensed in the state, and an assistant of any such professional working in the same office and under the direct supervision of such professional; (2) A registered nurse or licensed practical nurse licensed in the state, who performs massage therapy only in the normal course of performing nursing duties; (3) Any athletic trainer working as such within the athletic department of any accredited school, college, university or seminary, or in connection with any professional athletic team or competition; and (4) Hospitals, clinics, nursing and convalescent homes, assistant living facilities and other similar facilities licensed under the laws of the state, and dedicated to medical or nursing practices where massage therapy may be given, and the employees and/or independent contractors of such facilities who perform themassage therapy for the patients at such facilities in the normal course of carrying out their duties at such facility. (c) License means an operator's license issued pursuant to the terms of this chapter and O.C.G.A Title 43, Ch. 24A. (d) Licensee means the person to whom an operator's license is issued under the terms of this chapter. (e) Massage Therapy means the systematic and scientific manipulation and treatment of soft tissues of the body, including the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration, range of motion stretches and any other soft tissue manipulation, whether manual or by mechanical or electrical apparatus, and may include the use of oils, lotions, creams, salt glows, hydrotherapy, heliotherapy and hot and cold packs. (f) Massage therapy business means the business of owning, operating, conducting and carrying on the offering and/or providing massage treatments. (g) Massage therapist license means a license to perform massages on members of the public, which license is issued pursuant to the terms of O.C.G.A Title 43, Ch. 24A. (h) Operator's license means a license to own, operate, conduct and carry on the business of offering or providing massage to members of the public, which license is issued pursuant to the terms of this chapter. (i) Premises means one physically identifiable place of business of one or more contiguous rooms operating under the same trade name where massages are performed. This term shall include reception rooms, treatment rooms, office areas, patio areas and any other areas located within the property lines of the land on which the massage therapy business is located. *State law reference—O.C.G.A. 43-24A effective July1, 2007. Sec. 6-4-2. License required. Any person desiring to own, operate, conduct or carry on, in Augusta, Georgia, the business of offering or providing massage therapy, before doing so, shall have in his possession a then current operator's license. A licensee holding an operator's license under this chapter is not authorized or licensed to actually perform the massage therapy on customers of the massage therapy business unless such licensee also holds a massage therapy license. Any person, other than an exempt person, employed or otherwise engaged by a massage therapy business to perform massage therapy on members of the public shall, prior to engaging in such activity, have in such person's possession, a then current massage therapy license issued by the State of Georgia. A licensee holding a massage therapy license is not licensed to own, operate, conduct or carry on a massage therapy business operating without a operator's license. All such licenses shall be issued in accordance with the requirements of this chapter. Any massage therapy business which does not maintain an office in Augusta, but which sends a massage therapist into Augusta to provide massage therapy on an outcall basis, must possess an operator's license. Any person providing massage therapy in Augusta on an outcall basis must possess a massage therapy license. State law reference—O.C.G.A § 43-24A. Sec. 6-4-3. Qualifications for operator's license. (a) In order to obtain an operator's license under this chapter, the applicant must satisfy the following requirements: (1) Must be at least 18 years of age and have received a high school diploma or graduate equivalency diploma; (2) Must be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States. Where an applicant is other than a natural person, such applicant must be an entity organized and existing under the laws of the United States or one of its states, and the natural persons who are required to join in the application must meet the qualifications of this subsection; (3) If the applicant is a general partnership, the application must be made jointly by the partnership, any managing partner and all other partners owning at least a 20 percent I nterest in the assets or revenues of the partnership. If there is no managing partner and there is no partner meeting the ownership requirements, then the application must be made jointly in the name of the partnership and the general partners owning the greatest percentage interest in the assets and revenues of the partnership. At least one of the applicants shall be a natural person. If none of the applicants required in this subsection is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application; (4) If the applicant is a limited partnership or a limited liability partnership, the application shall be made jointly by the limited partnership or limited liability partnership, its general partners and any other partner owning at least a 20 percent interest in the assets or revenues of the limited partnership or limited liability partnership. At least one of the applicants must be a natural person. If none of the applicants required in this subsection is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application; (5) If the applicant is a corporation, the application shall be made jointly in the name of the corporation and its president or vice-president, and any stockholder owning at least 20 percent of the total outstanding capital stock of the corporation; (6) If the applicant is a limited liability company, the application shall be made jointly in the name of the limited liability company and its managers, and any member owning at least a 20 percent interest in the assets or revenues of the limited liability company; (7) If the applicant is an entity other than a natural person, partnership, limited partnership, limited liability partnership, corporation or a limited liability company, the application shall be made jointly in the name of the entity, the natural person having chief executive officer authority over the business activities of the entity and any other person having at least a five percent interest in the assets or revenues of the entity. The application shall further disclose the type of entity making the application and every person having an ownership interest in the assets or revenues of the entity; (8) Licenses issued to corporations, limited liability companies, general partnerships, limited partnerships, limited liability partnerships or other types of entities must be issued jointly to the entity, and all of the other persons required by this section to join in the application; (9) No person shall be granted a license unless it shall appear to the satisfaction of the Augusta, Georgia Commission that such person shall be of good moral character, or in the case of an entity which is not a natural person, that such entity has a good reputation. In no event shall a license be granted to any person who has been convicted or has pled guilty or entered a plea of nolo contendere to any charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime within a period of ten years immediately prior to the filing of such application. In the case of partnerships, corporations, limited partnerships, limited liability partnerships, limited liability companies or other business entities, an operator's license shall not be issued to the partnership, corporation, limited partnership, limited liability partnership, limited liability company or other entity if any partner, officer, director, shareholder, member or other person required to be listed on the application cannot meet the requirements set forth in this subsection. At the time an application is submitted for an operator's license, the applicant shall, by a duly sworn affidavit: (a.) Certify that all of the requirements of this section have been met by the applicant and the other persons required to be listed on the application as specified in this subsection (9); and (b.) Consent to a criminal background check and release Augusta, its elected officials, officers, agents, employees and representatives from any liability resulting from any criminal background check performed on the applicant. (10) No operator's license shall be issued to any person convicted of or pleading guilty or nolo contendere to any charge under any federal, state or local law constituting a felony, within ten years prior to the date of the filing of the application for the operator's license; (11) No operator's license shall be issued to any person who has had any license issued under the police powers of Augusta revoked within two years prior to the filing of the application for an operator's license; (12) The Augusta, Georgia Commission may decline to issue an operator's license when any person having any ownership interest in or control over the land or building in which the establishment to be operated pursuant to the license will be located does not meet the same character requirements as set forth in this section for the licensee; (13) If a person in whose name an operator's license is issued is not a resident of Augusta, such person must appoint and continuously maintain in Augusta a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter may be served. The registered agent must be a resident of Augusta. If the licensee is not a natural person, the licensee will be required to appoint and maintain a registered agent in Augusta if it does not have an agent in Augusta upon whom process can legally be served on such entity under the laws of the state. The licensee shall file the name of such registered agent, along with such registered agent's written consent to serve as such agent, with the director of administrative services; (14) An application for an operator's license may be denied where it appears to the Augusta, Georgia Commission that the applicant does not have adequate financial strength or adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the applicant is intended or likely to be a surrogate for a person who would not otherwise qualify for an operator's license; and, (15) At the time of filing the application for an operator's license and thereafter, the applicant must have in his employ or under a binding contract, a person who holds a massage therapy license who has agreed to perform the massage therapy for the applicant if the operator's license is granted. (b) After the license has been issued, should any person in whose name such license is issued be convicted of or plead guilty or nolo contendere to a charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime, the operator's license shall be immediately revoked and canceled. Sec. 6-4-4. Qualifications for massage therapy license. State law reference—State law has preempted this field. See the "Georgia Massage Therapy Practice Act," for acquiring a massage therapy license, O.C.G.A. §§ 43-24A-1 et seq. Sec. 6-4-5. Application for operator’s license. (a) Forms. A person desiring to obtain a massage therapy operator's license shall make appli- cation to the director on the forms prescribed by the Augusta, Georgia Commission. (b) Operator's license. The application for an operator's license shall require, but shall not be limited to, the following information: (1) The name and address of each applicant as required by § 6-4-3; (2) The name and location of the proposed business to be carried on, and the name and address of the owner of the premises in which the business is to be carried on. If the business is to be operated on an outcall basis, then the address will be the address and premises where the office of the massage therapy business is located; (3) A description of all of the goods and services to be offered in the proposed business; (4) A financial statement current within three months of the application evidencing the financial responsibility of the applicants; and, (5) Such other material as required by Augusta. (c) Reserved. (d) Incomplete applications; swearing to before notary public. Failure to pay the license application fee, or failure to furnish all information as required by an application form, will cause the application to be deemed to be incomplete and no action will be taken thereon until such application is complete. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. Sec. 6-4-6. Approval procedures. (a) An application for a license under this chapter shall be presented to the Augusta, Georgia Commission within 45 days after the date such application is deemed complete. The director shall notify the applicant in writing of the date on which the application will be presented to the Commission. (b) At the time the application is presented to the Augusta, Georgia Commission, the applicant may appear and present any matters in support of the application, and any other person may appear and present matters in opposition to the application. (c) If the application presentation is made to the Augusta, Georgia Commission, upon the completion of the presentation, or if the presentation is made to a designated committee, upon presentation of the report, the Commission shall take action denying or granting the application or deferring action for a period not to exceed 45 days in order to obtain further information. If the application is denied, the Commission shall set forth the reasons for such denial. (d) In all instances in which an application for an operator's license is denied under the provi- sions of this chapter, the applicant may not reapply for an operator's license for the same location for at least one year from the date of such denial. Sec. 6-4-7. Revocation, suspension of operator’s license. (a) Upon a violation of this Chapter, or any other local, state, or federal law, Augusta's Planning and Development Director may immediately suspend the license of said violator. Such suspension shall be for a period of 30 days. Whenever, in the opinion of the director, there is cause to permanently revoke an operator's license, a written notice of intention to revoke such license shall be furnished to the holder thereof not less than ten days before the meeting of the Augusta, Georgia Commission, at which time the holder of the license may make such showing as he may deem proper. After a hearing, the Commission may permanently revoke the license if in its discretion it is in the best interest of peace and good order of Augusta. Such a finding may only be made upon a violation of the laws of Georgia, the United States, or Augusta, Georgia. (b) In addition, cause for revocation or suspension of a license under this chapter shall include, but not be limited to, the following actions by the license holder: (1) Conviction of or a plea of guilty or nolo contendere to a charge of prostitution, masturbation for hire or any other sexual service crime involving engaging in sexual activities for compensation or sexual misconduct of any kind in any jurisdiction to which the applicant was subject. (2) If holding an operator's license, conviction of or a plea of guilty or nolo contendere to a charge of prostitution, masturbation for hire or any other sexual service crime involving engaging in sexual activities for compensation or sexual misconduct of any kind by an employee of the massage therapy business operated pursuant to such license, in the course of business. (3) Permitting a person who does not hold a current massage therapy license, except as provided in § 6-4-13, to provide massage therapy to members of the public. (4) Allowing the use of an individual's license by an unlicensed person. (5) Providing false or forged information to the Commission in obtaining a license under this chapter. (6) Impersonating a license holder. (7) Using or attempting to use a license that has expired or been revoked. (8) Violation of any provision of this chapter. Sec. 6-4-8. Automatic license forfeiture for nonuse. Any licensee holding an operator's license under this chapter, who shall, for a period of six consecutive months, cease to operate the massage therapy business as authorized in the operator's license, shall automatically forfeit the license without the necessity of any further action. If the massage therapy business operation is interrupted as a result of damage to the premises where the massage therapy business is located which makes it impractical to operate the massage therapy business, and if repairs of such damage are commenced within such six- month period and diligently pursued to completion, or as a result of the premises being remodeled, then this section shall not apply to such cessation of operation. If a license is issued for the operation of a massage therapy business in a building which has not yet been completed, the license will not be forfeited unless the licensee fails to begin operations of the massage therapy business within a period of 180 days from the date of issuance of the license. Sec. 6-4-9. Expiration; renewal of operator’s license. (a) Each license granted under this chapter shall expire on December 31 of the calendar year in which the license was issued. A licensee who desires to renew his license shall file an applica- tion with the director, on the form provided for license renewal. Applications for renewal must be filed on or before October 31 of the year in which the license being renewed expires. Sec. 6-4-10. Separate application and operator's license for each business location. Each operator's license under this chapter shall be limited to the operation of a massage therapy business at a specific location or out of which specific location an outcall massage therapy busi- ness is operated as described in the license. A separate application must be made and separate operator's licenses must be obtained for each location at which a massage therapy business is conducted or out of which an outcall massage therapy business is operated. Sec. 6-4-11. Display of license. (a) An operator's license shall, at all times, be kept plainly exposed to public view at the pre- mises for which the license was granted. (b) A massage therapy license shall, at all times, be kept plainly exposed to public view at the place where the holder of the massage therapy license is performing massage therapy. Sec. 6-4-12. Report of licensed employees. Within ten days after a written request of the director, a holder of an operator's license under this chapter shall provide to the director a list of the names and addresses of the people working in the massage therapy business who hold a then current massage therapy license. Sec. 6-4-13. Apprentices. State law reference—State law has preempted this field. See the "Georgia Massage Therapy Practice Act," for acquiring a massage therapy license, O.C.G.A. §§ 43-24A-16 et seq. Sec. 6-4-14. Transitional massage therapy license. State law reference—State law has preempted this field. See the "Georgia Massage Therapy Practice Act," for acquiring a massage therapy license, O.C.G.A. §§ 43-24A-1 et seq. Sec. 6-4-15. Waiver for non-massage modalities. Any person who desires to provide in Augusta, only certain bodywork services which the person believes are of a modality that is not a massage as defined in this chapter, may request from the Augusta, Georgia Commission a waiver of the licensing requirements of this chapter for conducting the business of and providing such bodywork services. Such request shall be made on forms promulgated by the director on which the person seeking the waiver shall fully explain why the modality involved is not massage. The Augusta, Georgia Commission shall then act upon the request. If the request is granted, licensing requirements of this chapter shall be waived for the person making the request and his employees performing the bodywork services described in the request. If the request is denied, all of the licensing requirements of this chapter shall apply. Sec. 6-4-16. Fees. (a) Upon making application for a license under this chapter, the applicant shall pay an application fee of one-hundred and twenty dollars ($120), and upon approval, pay the Occupation Tax as set forth in Augusta, Georgia Code § 2-1, Finance and Taxation. (b) All licenses granted under this chapter shall be for the calendar year. (c) Each application for a license under this chapter shall be accompanied by a check or money order for the full amount of the license application fee Sec. 6-4-17. Transferability. No license under this chapter shall be transferable. Sec. 6-4-18. Violation; penalties. (a) Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by penalties and costs as set forth in § 1-6-1. (b) In addition to the penalties set forth in subsection (a) of this section, the Augusta, Georgia Commission may revoke or suspend a license for violation of this chapter as set forth in section § 6-4-7, which shall be a distinct and separate penalty. Any violation of this chapter, or any failure to comply with the requirements of this chapter, shall be grounds for immediate suspension or revocation of any and all licenses held by the licensee regardless of the number of licenses or locations involved, and regardless of whether or not the licensee knew of or contributed to such violation. It is the intent of this subsection, without limiting the generality thereof, to grant to the Commissioners the right to suspend or revoke any and all licenses held by a licensee when any violation of this chapter occurs at any place of business operated by the licensee pursuant to a license. (Ord. No. 6580, § 1, 12-17-02) Sec. 6-4-19. Severability. If any section, provision, or clause or any part of this Chapter shall be declared invalid or un- constitutional, or if the provisions of any part of this Chapter as applied to any particular situa- tion or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Chapter not so held to be invalid, or the applica- tion of this Chapter to other circumstances not so held to be invalid. It is hereby declared as the intent that this Chapter would have been adopted had such invalid portion not been included herein. Commission Meeting Agenda 11/4/2020 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Regular Meeting held on October 20, 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 - 1012012020 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 ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA. CONSENT AGENDA (Items 1-3) PLANNING 1. Z-20-48 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve, with the conditions stated below, a request by FPL Action: Food LLC, on behalf of the Wilkinson Road Group Inc., requesting a Special Approved Exception to utilize the existing structure to store cow hides in the HI (Heavy Industry) per Section 24-2-(24) of the Comprehensive ZoningOrdinance for Augusta Georgia affecting property containing 3.46 acres and located at 181I Wilkinson Road. Tax Map 056-4-167-00-0 DISTRICT 2 t. The loading dock doors shall stay closed at all times except to receive deliveries. 2. There shall be no noticeable odors as a result of this use.3. If noticeable odors occur the petitioner shall take corrective measures. E z-20{8 zone renort.ndf lE ItemAoprovatsheet html Motions Motion Motion Textr ype Motion ResultMade By Seconded By Motion to aporove. Approve Mr. M. wiliiams out. uommlsloner Motion Pr;;;:o.- Sean Frantom Commissioner Mary Davis Passes 2. Z-20-49 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions stated below, a petition by Joe Action: Edge, on behalf of Hiral Enterprises Inc., Carolyn H. Usry Irrevocable Giving Approved Trust and Guru Darsham, LLC, requesting a change of zoning from ZoneB-2 (General Business) and Zone R-2 (Two-family Residential) to Zone B-2 affecting property containing 1.05 acres and known as 1632 and 1636 Walton Way and 1623 and 1627 Cleveland Street (property is bisected by Logan Lane). Tax Map 045-2-093-01-0, 035-4-590-00-0, 045-2'094-00-0 and 045-2' 092-00-0 DISTRICT 1 1. Prior to any development, Logan Lane must be abandoned and all parcels must be platted as one. 2. If a drive thru concept is to be used, the internal and external circulation must be approved by Traffic Engineering and Planning & Development prior to submitting for site plan approval to insure safe vehicle ingress/egress and limit queuing into Walton Way. 3. The lighting for the lot shall be directed downward and away from the residential development on Cleveland Street. 4. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. 5. If the abandonment of Logan Lane is denied the zoning shall revert to the current zoning of each parcel in this petition. IB z-20-49 zone report.pdf lB ItemApprovalSheet.html Motions Motion-^"""- Motion Text'r ype Made By Seconded By Commissioner Mary Davis Motion Result Passes Motion to approve. Approve Mr. M. Williams out. uommlsloner Motion Passes g-0. Sean Frantom PETITIONS AND COMMUNICATIONS 3. Motion to approve the minutes of the Regular and Special Called Meetings Item held on october 6,2020. Action: Approved lB Crtled Commission Meetinq October 6 2020.pdf B Reguler Commissiotr Meeting October 6 2020.pdf lB ItemApprovalsheet.html Motions Motionxrvrrv' Motion Text Made By Seconded By Motion I ype PwLv,trs(r r-'J Result Motion to approve. Approve Mr. M. Williams out. Commisioner Commissioner Motion passes 9-0. Sean Frantom Mary Davis Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10t20t2020 AUGUSTA COMMISSION REGULAR AGENDA 10t20t2020 (Items 4-32) PUBLIC SERVICES 4. Motion to approve New Ownership Application: A. N. 20-38: requested by Item David Storrin for a retail package Beer & Wine License to be used in Action: connection with KJ's Market IGA located at 2512 Tobacco Rd. District 4. Approved Super District 9 B AN.zo-38.oat lE ItemAoprovalsheet.html Motions X:'1"' Motion Text Made By seconded By Motion r YPe vuvv'sls uJ Result Motion to approve. Approve Mr. M. Williams out. Commisioner Commissioner Motion passes 9-0. Sean Frantom Mary Davis Passes 5. Motion to approve New Ownership Application: A. N. 20-39: request by ItemPawan K. Burra for a retail package Beer & Wine License to be used in Action: Approved connection with Best Foods 2020,Inc. located at 5131 Mike Padgett Hwy. District 8. Super District 10. e AN.2o-39.pdf B ItemAnprovalSheet'html Motions Motion . rr ,r- n-- cr^^^-r^r D-, Motion -^"""" Motion Text Made By Seconded By Resultr ype Motion to approve' commisioner commissionerApprove Mr. M. Williams out. :':'#::; #;;";;^'-^ Passes Motion passes g-0. Sean Frantom Ben Hasan 6. Motion to approve New Ownership Application: A.N. 20-37: request by Item David Storrin for a retail package Beer & Wine License to be used in Action: connection with KJ's MarketIGA located at 3457 Peach Orchard Rd. District Approved 6. Super District 10. B AN.2o-37.pdf lEt ItemAoorovalSheet.html Motions Motion . r- r h o^---r^r rt-. Motion:""'"" Motion Text Made By Seconded By Type rvrutrt'rr t trtr rvr4s! vJ Result Motion to approve' commisioner commissionerApprove Mr. M. williams out. ;ffi;;;; ;;;;;i;^-^ Passes Motion passes 9-0. Sean Frantom Mary Davis 7. Motion to approve New Application: A.N. 20-40: request By Susann M. Item Mischel for a Sunday Sales License to be used in connection with R & R Bar Action: & Grill located at2706 Gordon Hwy. District 4. Super District 9. Approved B ax.zo-lo.par lE ItemAporovalSheet.html Motions Pj1" Motion Text Made Bv Seconded Bv H:tilI ype Approve Motion to approve. commisioner commissioner passes Mr. M. williams out. sean Frantom Brandon Garrett Motion Passes 9-0. 8. Motion to approve proposed amendments to Augusta, Georgia Code, Title 6, ItemChapter 4, Masseurs and Masseuses, Massage Parlors And/Or Health Spas to Action:include deleting t!. regulatory fee, clariflring the application fee, and Approvedthroughout the code replacing License and Inspection Department with Planning and Development Department and Augusta-Richmond County withAugusta, Georgia. IB Massaqe Therapy Operator ordinance amendment 2020l00l.docx B B ItemApprovalsheet html Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 9-0. Made By Commisioner Sean Frantom Seconded By Commissioner Mary Davis Motion Result Passes 9.Update from the Public Art Advisory panel. E ItemAnorovalsheet.html Motions Motion Motion TextI ype It was the consensus of the Commission that this item be received as information with no objection. 10. Update/discuss missing funds from McDuffie (Commissioner Marion Wittiams) Made Seconded MotionBy By Result Woods Community Center. Item Action: Approved Item Action: Approved B ItemAoorovalsheet.html Motions Motion m Made Seconded Motion i;; Motion Text By By Resutt It was the consensus of the Commission that this item be received as information without objection with a report to be given at the next meeting. ll. Discuss/approve the implementation of electronic tracking software for Item keeping tiack of recreation parks and facility rentals, logging deposits and Action: payments. (Requested by Commissioner Marion Williams) Approved B ItemAoorovalSheet'html Motions Motion m Made Seconded N{otion:"""- Motion Text By By Result'l'ype It was the consensus of the Commission that this item be received as information with a report back at the next Commission meeting regarding the tracking sYstem. ADMINISTRATIVE SERVICES 12. Update/report from Human Resources regarding further details of employees' Item uUitity to clock in/out on their cell phones. (Deferred from the October 6, Action: 2020 meeting requested by Commissioners John Clarke and Brandon Approved Garrett) IE 2020-06-10 Comm. Clrrke-Time-Clock-Procedures .Ddf {E ItemAonrovalSheet.html Motions Motion Seconded Motion i;;" Motion Text By Resuu It was the consensus of the Commission that this item be received as information without objection. 13. Discuss authorized positions in Mayor's Office and funding source for Item upgrades. (Requested by Commissioner Marion Williams) Action: Approved B ItemAonrovalsheet,html Motions Y:llm Motion Text Made Seconded MotionrYPe By By Result It was the consensus of the Commission that this item be received as information without objection. 14. Update from Administration on recruitment process for the position of ItemDirector ofAugusta Utilities Department. (Requested by Commissioner Action: Marion Williams) approved E ltemAonrovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result It was the consensus of the Commission that this item be received as information without objection and that the HR Director report back to the Commission at the next meeting on the search for a new Director. PUBLIC SAFETY 15. Motion to approve amendment of the Inmates' Telephone Services contract Itemwith Inmate Calling Solutions, LLC (ICS) - (Approved by the Commission Action: on Februar! 7r2019) to allow for Remote Video Visitation. Approved B Richmond Countv GA ICS Amendmenf I 1fl-?o-?orrtnnw IB ItemAoorovalsheet.html Motions Motion Motion Text Made By Seconded By Motion Type Result Motion to approve' commisioner commissionerApprove Mr. M. williams out. ;i;;";; ir;;;;,.^-^ Passes Motion passes 9-0. Sean Frantom Mary Davis 16. Motion to approve the Ground Lease Agreement with Jefferson Electric Item Membership Corporation and to authorize the Mayor to execute the Action: Agreement. APProved B Blvthe Buildins Transfer Memo.odf B Ground Lease Asreement.odf E ltemAoorovalSheet.html Motions Motion , ir r n .'^-^-r^r rt-- Motion:""'"" Motion Text Made By Seconded ByType rYrurrv, r LAr Result Motion to approve' commisioner commissionerApprove Mr. M. Williams out. ;-;;;; i;:;;;.^-^ Passes Motion passes g-0. Sean Frantom Mary Davis 17. Motion to receive an update on the Augusta Land Mobile Radio System Item (LMRS) as information and to approve the Radio Subscriber Agreements Action: with external agencies, with the Mayor being authorized to execute the Approved Agreements after execution by the external agencies. IB Auqusta Radio Subscriber Agreement- 8-7-2020 - Private Entities.pdf B Augusta Radio Subscriber Agreement-8-7-2020 -Governmental Entities.pdf E Augusta Radio Fund Model - October 2020.pdf B ltemADprovalsheet.html Motions Y.:j:t Motion Text Made By Seconded Bv fffi|rype Motion to approve' nommisioner commissioner n--Approve MLlf; I'"ll'Jr}'-f,* i.u, Frantom rurury'ouuir'"^ Passes 18. Motion to approve commercial insurance for inland marine coverage with Item broker Dawson, Taylor & Company, Ers quoted through insurance carrier Action: Liberty Mutual Insurance, for a premium of $31,818. Approved lB Commercial Insurance Prouosal.pdf lB ItemAoorovalsheet.html Motions Y:11" Motion Text Made By seconded By Motion l'ype -.---- -" --------- -" Result Motion to approve. Approve Mr. M. Williams out commisioner commissioner Motion passes 9_0. Sean Frantom Mary Davis Passes 19. Update the public on the Augusta Fire Department Needs Assessment and Item discuss the future of the department's leadership moving Action: forward. (Requested by Commissioner Brandon Garrett) Rescheduled {B ItemAoorovrlsheet.html Motions Motion Made Seconded Motioniil- Motion Text By By Result It was the consensus of the Commission that this item be referred to the November 3 Commission meeting with a presentation to be given. 20. Discuss the Fire Department Assessment Summary ltem Spreadsheet. (Requested by Commissioner Sammie Sias) Action: Approved lB ItemAoprovalsheet,html Motions H:11'" Motion Text Made By Seconded By Motion I YPe '.'--- -r Result Approve Motion to approve Commissioner Commissioner placing Chief Chris Brandon Garrett John Clarke James on a leave of absence until the assessment is reviewed. No action was taken on this motion due to the passage of the substitute motion. Motions X:i*1" Morion Text Made By seconded By f."Ji;'rype Substitute motion to approve getting out of the ambulance transport business in the Fire Department and task the Attorney to come back within the next 30 days with a report on how this ^ affects service delivery Commissioner CommisionerApprove .iionr in Augusta.. Ben Hasan Sean Fran,o* Passes Voting No: Commissioner William Fennoy, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Passes 7-3. FINANCE 21. Motion to authorize the Finance department team to work with the Coliseum Item Authority and to begin the process for refunding the 2010 Coliseum and TEE Action: Center project bonds and the issuance of up to $8,000,000 of additional Approved bonds for work on the proposed new James Brown Arena. (Requested by Commissioner Dennis Williams) B ItemApprovalSheet.html Motions Y:j*i" Motion rext Made By seconded By fffii'l'ype Approve Motion to approve commissioner commissioner referring this item to William Fennoy Dennis Williams the next Commission meeting. No action is taken on this motion due to the passage of the substitute motion. Motions f#:"' Motion rext Made By Seconded By Motion Result Substitute motion to approve. Mr. Sias abstains. Voting No: Commissioner Approve $",f,T#,#ffi:r, ;"#j;;'"*^ ,"fft',;';J" passes Commissioner Marion Williams. Motion Passes 7'2'1. 22. Motion to approve$25r000 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 Disapproved activities for respondents of the local Census Count. (Requested by Commissioner Bill FennoY) B ltemApprovalsheet.html Motions Motion Motion TextI ype Approve Motion to approve. Mr. M. Williams and Mr. Frantom out. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner Made By seconded By HiiI Commissioner Commissioner Fails William Ben Hasan Fennoy Brandon Garrett. Motion Fails 5-3. ENGINEERING SERVICES 23. Receive update regarding the beginning of the 5 year storm water review: toinclude total fees collected since inieption, ail completed storm water infrastructure work and all storm water system grass .utting contractors andcosts. Review should be completed in 2 weeks and brought back tocommission for review. (Deferred from the Commission October 61 2020meeting- requested by commissioner Brandon Garrett) Item Action: Approved Item Action: Approved B AED-Stormwater Program Senices-2016-2020 Update Oct 2020.pdf [B 2020-10 Appendix for Stormwater presentation.pdf IB ltemApprovalsheet.html Motions Motion Motion TextI ype Made Seconded Motion By By Result 24. It was the consensus of the Commission that this item be received as information without objection. Motion to approve a change order in the amount of $190,400 to HDR Engineering, Inc. for the scope addition which will include the preparation of an Emergency Response Plan. IE 20201001 RRA Professional Contract Chanse Order sisned bv HDR.pdf B ERP HDR scope chanse Authorizatiop ERp and water Distribution Modelins .pdf E ItemApprovalsheet html Motions ffit:" Motion rext Made By Seconded By Motion Result Motion to approve. Approve Mr. M. Williams out Commisioner Commissioner Motion passes 9-0. t' s.un prurto- Mary Davis Passes 25. Discuss the process for rebidding waste haulers contracts. (Requested by Commissioner Marion Williams) Item Action: Approved Seconded Bv Motion---------- -'t Result Motion to approve extending the present contract for two years. ^Approve Ms. Davis, Mr. Frantom ffff#,:'Jl*" ;:r#:H*' passes and Mr. M. Williams out. Motion Passes 7-0. 26. Motion to approve the naming of the Lake Olmstead Amphitheater in Item honor of former Commissioners Andrew Jefferson and H. Grady Smith. Action: (Approved by Administrative Services Committee July 30, 2019- no Disapproved action vote Commission August 6,2019) (Requested by Commissioner Bill Fennoy. B ItemAoorovalsheet.html Motions Motion Motion Textrype Made By Made By Seconded By !B ItemAoorovalsheet.html Motions Motion Motion Textr ype Motion to approve. Ms. Davis, Mr. Frantom and Mr. M. Williams out. Voting No: ^ CommissionerAPProve John clarke, Commissioner Brandon Garrett, Commissioner Sammie Sias. Motion Fails 4-3. Motion Result Commissioner William Fennoy CommissionerB;;il;;"-' Fails ADMINISTRATOR 27. Presentation of the Proposed Budget for 2021. Item Action: Disapproved E 2020-20-10 corrected proposed 2021 budset presentation.Ddf E ltemAoprovalSheet.html Motions Motion--"""" Motion Text'l'vne Motion to approve asking the departments to reduce their budgets by 5% with the Finance Director and the Administrator to come back with other recommendations and/or options for Approve adjustments as well. Mr. Fennoy abstains. Mr. M. Williams out. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner Dennis Williams. Motion Fails 5-3 -1. Made By seconded By HXil Commissioner Commissioner Bobby Brandon Fails Williams Garrett ADDENDUM 28. Approve and award Environmental compliance. Testing, Engineering and Item Consultant Services to multiple firms, via Group. These are Group Action: I-Environmental Services (Landfill Operation): SCS Engineers, Atlas; Approved Group Il-Engineering and Construction Services (Landfill Operations): SCS Engineers, Geosysntec, Atlas; Group Ill-Supplemental Services: SCS Engineers. Award is contingent upon receipt of signed agreement. RFP 20- 146. Requested by ESD. e 20-146 RFP - Invitrtion Sent to Peper.pdf B zo-ue ran.par E 20-146 Cumulative - Group l.pdf E 20-146 Cumulative - Group Il.pdf B 20-146 Group lll - Cumuhtivc.pdf B Recommendation Letter from Department pdf E Process Regardinq RFPs.pdf [B Pre Proposal Sign in Sheet.pdf IB Mril List and Demrndstar Planholders.pdf B Georgia Procurement Registry Vendor Summrry.pdf E ItemApprovalsheet.html Motions Motion Made Seconded Motionifi;- Motion Text By By Resurt Unanimous consent is given to add this item to the agenda. Motions Y::*1"t Motion Text Made By seconded By Motion Type -''--- -'1 *-------- -'l Result Motion to approve. Approve Mr. M. Williams out commisioner commissioner Motion passes 9_0. Sean Frantom Mary Davis Passes 29. Receive as information an update regarding CARES Act Funding as it relates Item to Governor Kemp's announcement on Thursday, October 15, 2020. Action: (Requested by Interim Administrator Jarvis Sims) Approved Motions Motion Motion Text Made Seconded Motion'I'ype By By Result Unanimous consent is given to add this item to the agenda. Motions Motion f,f,_1:--- m Made Seconded Motion:---"- Motion Text'l'ype By By Result It was the consensus of the Commission that this item be received as information. 30. Discuss raising Commissioners' salaries to $40,000. (Requested by ltem Commissioner Bill Fennoy) Action: None Motions *j:" Motion Text Made By seconded By f;tjilrype Approve Motion to approve Commissioner Fails rescinding the John Clarke Motions Motion Made Seconded Motion- - ---- Motion TextType By By Result Unanimous consent is given to add this item to the agenda. Motions X:j*1" Motion Text Made By seconded MotionType -''--- -r By Result Motion to approve Approve effective January of commissioner 2021. William Fennoy Motions Y:jt1"' Motion Text Made By Seconded Motion Type By Result ^ Substitute motion to CommissionerApprove approve $25,000. Bobby Williams Attorney Brown ruled that this motion was out of order. It was the consensus of the Commission that this item would be discussed at another time. 31. Motion to rescind the Cares Act funding allocation to Paine College in the Item amount of $1.4 million dollars. Action: Disapproved 32. Motion to approve a Resolution authorizing the settlement of all claims Item related to Civil Action 1:17CV00039 in the aggregate amount of $110,000 Action: and authorize the Administrator to disburse that amount waiving any other Approved Code provisions of Augusta, Georgia in the matter of Angela Rice vs. Augusta, Georgia in the Probate Court. funding allocation. Ms. Davis, IVIr. Frantom and Mr. M. Williams out. Voting No: Commissioner William Fennoy, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 2-5. Motions Motion Motion Text'l'vne JI Motion to approve. Ms. Davis, Mr. Frantom and Mr. M. ^ Williams out.APProve voting No: Commissioner John Clarke. Motion Passes 6-1. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Made By Seconded By Commissioner Brandon Garrett Commissioner Ben Hasan Commissioner William Fennoy Motion Result Passes 33. Motion to authoize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings Item Action: None www.augustaqa.qov Commission Meeting Agenda 11/4/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 20-41: request by Dae Young Lee for a retail package Liquor, Beer & Wine License to be used in connection with JC Package Store located at 2501 Peach Orchard Rd. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Jon Wong Lee. 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 $2,330.00 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 11/4/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 20-43: A request by Yusufali Lorgat for a retail package Beer & Wine License to be used in connection with Super Express # 5 located at 3341 Deans Bridge Rd. District 5. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Nashad Hooda. 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 $665.00 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 11/4/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N.-20- 42: request by Yusufali Lorgat for a retail package Beer & Wine License to be used in connection with Super Express #7 located at 1901 Gordon Highway. District 5. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Nashad Hooda. 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 $665.00. 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 11/4/2020 2:00 PM 2021 Cooperative Sub-Grant Agreement for Senior Nutrition Program Department:Parks and Recreation Department:Parks and Recreation Caption:Motion to approve the 2021 Cooperative Sub-Grant Agreement with the CSRA Regional Commission - Area Agency on Aging for Senior Nutrition Services for Augusta, Georgia. Background:The Augusta Parks and Recreation Department operates six senior nutrition sites throughout Augusta, Georgia through a partnership with the CSRA Regional Commission - Area Agency on Aging which provides State and Federal grant funds to provide 198,567 meals to senior citizens including the home delivery program. Analysis:The agreement provides the mechanism for Augusta, Georgia to receive $665,679 for FY2021. Financial Impact:Augusta, Georgia's match for the FY2021 agreement is $47,299. Alternatives:1. To approve the 2021 Cooperative Sub-Grant Agreement with the CSRA Regional Commission -Area Agency on Aging for Senior Nutrition Services for Augusta, Georgia. 2. To deny the 2021 Cooperative Sub-Grant Agreement with the CSRA Regional Commission -Area Agency on Aging which would result in forfeiting grand funds and possibly terminating the Senior Nutrition Services for Augusta, Georgia. Recommendation:1. To approve the 2021 Cooperative Sub-Grant Agreement with the CSRA Regional Commission -Area Agency on Aging for Senior Nutrition Services for Augusta, Georgia. Funds are Available in the Following Accounts: Continuing grant org key: 220054322 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo DocuSign Envelope lD: 7DB8B441-E924-4160-8078-F0809809810D AAA FY 2021 NIJTRITION MEMORANDUM OF AGREEMENT(-O8 -UrSECTION TWO AREA AGENCY ON AGING COOPERATIVE SUBGRANT AGREEMENT FOR SERVICES THIS COOPERATTVE SUBGRANT AGREEMENT, entered into as of the 30ft day of June 2020,by and between (hereinafter referred to as "Subgrantee") and the CENTRAL SAVANNAH RMR AREA REGIONAL COMIISSION, (hereinafter referred to as "CSRA RC"). WITNESSETH THAT: WHEREAS, CSRA RC, under the Older Americans Act, has funding for the provision of Title III, SSBG and NSI meals for the elderly and desires to allocate those funds to the RC's member jurisdictions for the public purpose identified below; and WHEREAS, the CSRA RC, as the state-designaied Area Agency on Aging (AAA), has the responsibility under the Older Americans Act ($306(a)(l)), and under the Georgia Department of Human Services (DHS) Regulations $304.6 to provide in its area plan a comprehensive and coordinated system for supportive services, and nutrition services; and WHEREAS, the provisions of the OAA, as well as the DH Regulations, clearly contemplate the development by the RC as the AAA of cooperative arangements with both government and non-profit organizations to provide those services described in $301 of the Older Americans Act; and WHEREAS, the Federal Office of Management and Budget (OMB) Circular A-102 is the federal guideline governing the RCs handling of federal grant funds, and also governing cooperative agreements; and WHEREA OMB Circular A-102, derived from 3l USC $6301-08 notes that"a grant or cooperative agreement shall be used only when the principal purpose of a transaction is to accomplish a public purpose..."; and WHEREAS, the CSRA RC wishes to achieve a public pu{pose, specifically, the provision of nutritious meals to older citizens by passing through sub-grant funds for the nutrition services program to its member jurisdictions and to jurisdictions authorized under DHS's contract for FY 2020; and WHEREAS, the Official Code of Georgia Annotated (OCGA) 50-8-32 "created and established as public agencies and instrumentalities of their members ..."; and WHEREAS, OCGA 50-8-33 requires each municipality and county within the region to be a member of the RC; and WHEREAS, the RC, has the authority to enter into sub-grant agreements and cooperative agreements with its member jurisdictions, and with jurisdictions authorized under DHS's FY 2021contract; and WHEREAS, the allocation of the nutrition service program funds (Title III, SSBG and NSI) will on a formula basis related to the State of Georgia's interstate funding formula (IFF); and be donetVersion 2021-l-A Page 2 of 33 Envelope,fif lD: 7D88B441 -E9244'160-8078-F080980981 0D AAA FY 2021 NUTNTION MEMOMNDUM OF AGREEMENT WHEREAS, the CSRA RC has developed an allocation plan for FY 2021 nutrition funds for the region; and WHEREAS, each local jurisdiction operates a multi-purpose senior center, which has been designated a focal point by the AAA and, as defined by the Division of Aging Services' Taxonomy of Services as being "a community facility for the organization and provision of a broad range of services, on a daily basis, to include health services (including mental health), social, nutritional, and educational services and the provision of recreational activities for older persons"; and WHEREAS, as the designated focal point in each county, the senior centers in the counties is specifically eligible to serve as a congregate nutrition site; and WHEREAS, Senior Centers are eligible to provide certain services hereinafter described in connection with an undertaking or program (hereinafter referred to as the "Program") which is to be wholly or partially financed by a grant from the U.S. Government through the Georgia Departrnent of Human Resources (hereinafter, along with the appropriate auditing agency of the entities making such a grmt, referred to as "the funding agencies"), and WHEREAS, the CSRA RC has qualified a food vendor through an open and competitive bid process on behalf of the region as a whole; and WHEREAS, the Subgrantee desires to accept the funds outlined in this cooperative agreement for the purchase of meals under the Title III, SSBG and NSI programs connection with the program; NOW THEREFORE, in consideration of the premises and the mutual covenants and agteements hereinafter contained, the parties hereto agree as follows: I / I I I il I il I il I I t/ I il I I I I I I I I I il I I ilt il I I I I I I I I il I I I I I il I I I il I ilt I I il I ilt I I I I I I il I I I I il/ll I I I I I I I I I ll I I I / I I I I I I I I I I I I I il I il I I I I I I I I I I I I I t/t I I I / I I t t I I /l I I I THIS SPACE LEFT INTENTIONALLY BLAT{K I I I I I il I I / I I I / I I I I I I l/ I I /l I I I ll I I I I I I I I I t ll I l/ ll / I I I I I I I I I I I I il t t I il t il I I I t t t t t t t t t I lll ll I I I I I t t t il t t t I / I I I il I I I I I I I I il I il I I I I I I I I I I I I I /l I I ll I I I I I I I I I I / I I I il I I I il I ilt I I I I I I I il I I I I I I I /t I I lll I I I I I I I I I I /l I / I t t t t t il t t I I I I I I il I il I I I I il I il I I I I I I I I I I I I ll I ll I I I I I Version 2021-l-A Page 3 of34 DocuSign Envelope lD: 7DB8B{41-E924-4160-8078-F0809809810D (2) Version 2021-l-A AAA FY 2021 NUTRITION MEMORANDUMOF AGREEMENT SECTION THREE GENERAL PROVISIONS AND FINANCIAL AND PROGRAMMATIC INFORMATION l. Engasement of the Subsrantee: CSRA RC hereby agrees to allocate the funds outlined in Section One (based on availability from the State) for the purchase of meals in the Title III, SSBG and NSI meal programs in accordance with the terms and conditions herein. Scope. The Subgrantee shall be authorized to purchase nutrition meals funded by Title III Cl, Title III C2, NSI Cl and NSI C2, and/or SSBG C-2 for the senior population in accordance with state and federal guidelines and to be served in the county's senior center(s) under this agreement. To be eligible for reimbursement as noted in Section One of this agreement, the Subgrantee must purchase its meals from the RC's qualified nutrition program food vendor. Oualified Nutrition Prosram Food Vendor. The qualified nutrition program food vendor for FY202l is Trio Community Meals. This vendor was selected under an open and competitive bid placed by the RC on behalf of its member jurisdictions. Trio Community Meals has been competitively selected to provide congregate meals for $4.45 and home-delivered meals for $5.75 per meal. Attachment "A" outlines the performance measures and work scope that must be adhered to when receiving state/federal funds for this program. The competitive invitation to bid specifically noted that the qualified food vendor would contract directly with the local jurisdictions. Term and Time of Performance. This term of this agreement runs from July 1,2020 through June 30,2021. The effective date of this agreement is July tst,2020. All meals outlined in Section One shall be purchased and consumed on or before June 30th, 2021. Method of Pavment. The amount of this agreement is included in Section One of this agreement (page 1). Total payments from the CSRA RC to the Subgrantee shall not exceed the maximum payments noted in Section One unless otherwise approved in writing as an official amendment to this agreement. Such amendments shall become addendums to this agreement. Unless otherwise speciflred in Attachments, which are attached hereto and made apart hereof, the following method of payment shall be used: Prosress Pavments. Unless otherwise approved by CSRA RC and the funding agencies, the Subgrantee shall be entitled to receive progress payments on the following basis: 2. J. 4. 5. (a) (l)a) Cost Reimbursement Agreement - On or before the fifth dav of the month following the month for which payment is requested, the Subgrantee shall submit to csRA RC, in a form acceptable to GSRA RC as specified in Attachment "B", a request documenting actual costs incurred during that month for each cost center as specified in Attachment "A". b) Performance Based Fixed Rate Agreement - On or before the fifth dav of the month following the month for which payment is requested, the Subgrantee shall submit to CSRA RC, in a form acceptable to CSRA RC as specified in Attachment "B", o request documenting the actual number of service units provided during that month for each cost center as specified in Attachment "A". Upon the basis of CSRA RC's determination to its satisfaction that the Subgrantee is in compliance with the terms of this agreement, including but not limited to the Page 4 of34 DocuSign lD: 7DB8M41 -E924-4 1 60-8078-F08098098 1 0D AAA FY 2021 NUTRITION MEMORANDUM OF AGREEMENT Paragraph titled Subcontracts below, and its audit and review and approval of (1) the monthly progrcm performance report for the relevant month, and (2) the payment request by cost center, for the relevant month as specified hereinabove, CSRA RC will make payment to the Subgrantee not more than once per month.(3) CSRA RC may, at its discretion, disallow or delay payment of all or part of a request if CSRA RC determines that the Subgrantee is not in compliance to CSRA RC's satisfaction with any of the terms of this agreement. @performance report and the reimbursement request are recerved bv CSRA RC an ar before the fifth dav of the month reimbursement mav be withheld until the followins pavment cvcle. (b) Final Pavment. (1) The Subgrantee's payment request for the last month of the agreement term must be received by CSRA RC no later than five days after the termination date of this agreement. Proposed adjustments subsequent to this date are to be requested within ten days of agreement termination. CSRA RC may, at its discretion, disallow payment of all or part of a final request received after this deadline. (2) The final request will be the request submitted on or before the fifth day following the termination date. Adjusted reports received by CSRA RC on or before the tenth day after the agreement termination will become the final request. (3) Upon receipt by CSRA RC of the Subgrantee's final payment request and all other required documentation, CSRA RC will review such documents and make comparisons among the costs authorized in Attachment "A" for each cost center and the cumulative value of all payments for each cost center. Based on such comparisons and upon its determination that all other requirements hereunder have been completed, CSRA RC will make either a final payment to the Subgrantee for any allowable expenditures in excess of prior payments for each cost center or request from the Subgrantee reimbursement of any overpayment. The Subgrantee shall refund to CSRA RC any such overpayment within thirty calendar days of notification by CSRA RC. (c) Advance Pavments. This agreement is a reimbursable agreement. No advance payments will be made. Communications. All formal communication regarding this agreement shall be in writing between the person executing this agreement on behalf of the Subgrantee (executor) and CSRA RC's Executive Director. Formal communications regarding this agreement shall include, but not necessarily be limited to amendments, correspondence, progress reports and fiscal reports. The Subgrantee shall bear the cost and other liability risks of making any changes covered by this agreement in advance of receiving a formal agreement change order from the CSRA RC Executive Director. The Subgrantee executor and CSRA RC's Executive Director shall each have the right to designate in writing to the other an agent to act in his or her behalf regarding this agreement. Any restrictions to such designation shall be clearly defined in the written designation. Envelope {}! 6. Version 2021-1-A Page 5 of34 EnvelopeItT lD: 7DB8&141 -E9244 1 60-8078-F080980981 0D AAA FY 2O2I NUTNTION MEMOMNDUM OF AGREEMENT CSRA RC's Desienated Aeent. According to the paragraph titled "@[41[!qq" above, CSRA RC's Executive Director hereby designates JEANETTE CUMMINGS, CSRA RC'S AREA AGENCY ON AGING DIRECTOR, as his agent for purposes of this agreement only, except for executing amendments (see paragraph titled "{ry!g!q" below) or terminations (seeparagraphtitled..@,below)orforinterpretationoftherequirementsofthis agreement. In addition, all formal communications regarding this agreement to include correspondence, reports, and requests for payments shall be submitted directly to the CSRA RC's AAA CONTRACT MANAGER, JACKIE HARRIS and copied to the CSRA RC's Executive Director. Such appointments herein may be changed only by the CSRA RC via a written addendum to this agreement. Review and Coordination. To ensure adequate assessment of the Subgrantee's program and proper coordination among interested parties, CSRA RC shall be kept fully informed concerning the progress of the work and services to be performed hereunder. The Subgrantee may be required to meet with designated representatives of CSRA RC and the funding agencies from time to time to review the work and services performed. Reasonable written notice of such review meetings shall be given to the Subgrantee. The execution of a Health Insurance Portability and Accountability Act (HIPAA) Business Associate agreement shall occur prior to execution of this agreement and the HIPAA Business Associate agreement shall outline access granted to records under HIPAA regulations. Access to Records and Inspections. The state and federal government and the CSRA RC (a staff member and/or an outside party hired to review certain records, documents and/or procedures) shall have fuIl and complete access to all consumer/customer/client records, administrative records, financial records, pertinent books, documents, papers, correspondence, including e-mails, management reports, memoranda, and any other records of the Subgrantee and fourth party Subgrantees(s). Upon request of such records, the Subgrantee shall immediately provide the records requested. Failure to provide such records may result in termination of the agreement and withholding of any remaining payments due until such time the Subgrantee furnishes the records requested. The Subgrantee has executed a Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement with the CSRA RC. Through the Business Associate Agreement, the Subgrantee acknowledges and agrees that the Georgia Department of Human Resources Division of Aging Services, including the Long-Term Care Ombudsman, and the CSRA RC Area Agency on Aging provide functions that are considered health oversight agencies in their funding, quality improvement and regulatory functions. As health oversight agencies, protected health information must be shared with them and authorization is not required, according to HIPAA. The Subgrantee is responsible for ensuring that a HIPAA Business Associate Agreement is executed by any fourth party Subgrantees authorizing the same level of access to the entities noted above. The Subgrantee and fourth party Subgrantees (subcontractors) record retention requirements are six (6) years from submission of final expenditure reports. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigations, claims, or audit f,rndings involving the records have been resolved. 7. 8. 9. Version 2021-l-A Page 6 of34 Docusign Envelope lD: 7DB88441 -E9244160-8078-F0809B0981 0D AAA FY 2O2I NUTRITION MEMORANDUM OF AGREEMENT The Subgrantee agrees that the DHS Office of Investigative Services, upon the request of the Commissioner or his designee, has full authority to investigate any allegation of misconduct in performance of duties arising from this agreement made against an employee of the Subgrantee. The Subgrantee agrees to cooperate fully in such investigations by providing the Office of Investigative Services full access to its records and by allowing its employees to be interviewed during such investigations. The CSRA RC and the State Department of Human Resources shall have the right to monitor and inspect the operations ofthe Subgrantee and any fourth party Subgrantees (subcontractors) for compliance with the provisions of this agreement and all applicable federal and state laws and regulations, with or without notice, at any time during the term of this agreement. The Subgrantee agrees to cooperate fully with these monitoring and inspection activities. Such monitoring and inspection activities may include, without limitation, on-site health and safety inspections, financial and behavioral health/clinical audits, review of any records developed directly or indirectly as a result of this agreement, review of management systems, policies and procedures, review of service authorization and utilization activities, and review of any other areas, activities or materials relevant to or pertaining to this agreement. The Department and/or CSRA RC will provide the Subgrantee with a report of any findings and recommendations and may require the Subgrantee to develop corrective action plans as appropriate. Such corrective action plans may include requiring the Subgrantee to make changes in service authorization, utilization practices, and/or any activity deemed necessary by the Department and/or CSRA RC. The Central Savannah River Area Regional Commission's Board of Directors has established the following sanctions for any violations of this section of the agreement:" If at any time an official representative of the CSRA RC (a staff member and/or an outside party hired to review certain records, documents, and/or procedures) is denied access to the information requested, or if the Contractor does not provide such information as requested, the CSRA RC will withhold any pending and/or future payments for services rendered until such time that the information is presented." 10. General. (a) The Subgrantee agrees to carry out the program in accordance with all terms, provisions and conditions of the applicable guidelines and regulations issued by the funding agencies (e.g., the Older Americans Act of 1965, as amended, 45 CFR 74, 45 CFR 92, and 45 CFR 202). CSRA RC shall determine the appropriateness and application of such terms, provisions, and conditions. The Subgrantee also agrees to carry out the program in compliance with requirements relating to the application, acceptance and use of Federal funds for this program, including, but not limited to, Executive Order 12372 and 41 CFR 29-70 or 45 CFR 74 or 45 CFR 92, as appropriate. The Subgrantee assures and certifies that it shall comply with all requirements imposed by CSRA RC or the funding agencies concerning special requirements of law or program requirements including, but not limited to, 45 CFR 1321, or 45 CFR 202, as appropriate. (b) The Subgrantee agrees that the purpose of this program is to develop greater service capacity and to foster the development of comprehensive and coordinated service delivery systems to serve older persons and others deemed in need. To accomplish this purpose, the Subgrantee agrees to execute a program which will: Version 2021-l-A PageT of34 DocuSign Envelope ,-{}f lD: 7DB8B441-E9244160-8078-F0809809810D AAA FY 2O2I NUTRITION MEMORANDUM OF AGREEMENT (l) secure and maintain maximum independence and dignity in a home environment for older persons and other eligible individuals capable of self-care with appropriate supportive services; (2) remove individual and social barriers to economic and personal independence; and (3) provide specified services to eligible individuals who reside within the planning area, with greatest social need being determined by advanced age (75 years or more); (4) transport those deemed in need to scheduled sites. Subgrantee's Personnel. The Subgrantee represents that it has, or will secure at its own expense, all personnel required to perform the services under this agreement. Such personnel shall not be employees of CSRA RC Standards for Service Performance. (a) The Subgrantee shall perform all services in accordance with the definitions cited in Attachment "A" and as further defined in relevant notices issued by CSRA RC, or through CSRA RC from the Georgia Department of Human Resources or the Administration on Aging, U.S. Department of Health and Human Services. (b) The Subgrantee agrees that no changes resulting in a decrease in the scope of services, units of service to be provided, or numbers of persons to be served will be made without prior written approval of CSRA RC as provided in the Paragraph titled Amendments, herein below. (c) The Subgrantee acknowledges that CSRA RC has developed a multi-year Area Plan on Aging which is updated annually (hereinafter referred to as the "Area Plan") for a comprehensive and coordinated system for the delivery of supportive services and nutrition services to the elderly within the planning area pursuant to the Older Americans Act of 1965 and the Community Care Act of 1985, as amended. Subgrantee further acknowledges that the services provided herein may be included in the Area Plan and that the Area Plan may, from time-to-time, be amended to reflect changes in services, service delivery methods, vendors, subgrantees, and/or subcontractors. Subgrantee acknowledges that inclusion in the Area Plan does not constitute a contract or agreement for the delivery of services within the period of time covered by the Area Plan. Copies of the plan are maintained on file at the CSRA RC. (d) The Subgrantee further acknowledges that said Area Plan defines the specific services to be provided to eligible persons residing within the planning area and that those services provided under this agreement are apart of said Area Plan. (e) The Subgrantee acknowledges that the CSRA RC Area Plan delineates a range of available services for the elderly and, therefore, the Subgrantee agrees to coordinate and cooperate with other CSRA RC contracted service providers or subgrantees to the fullest extent possible and in a manner satisfactory to CSRA RC. 11. 12. Version 2021-1-A Page 8 of34 DocuSign Envelope lD: 7DB88441-E924-4160-8078-F0809809810D AAA FY 2O2I NUTNTION MEMORANDUM OF AGREEMENT (0 Supportive services and nutrition services, if any, included in this agreement, are aggregated into defined sub-elements. Descriptions of these sub-elements are on file at CSRA RC and are incorporated herein by reference. The service standards listed in Attachment A wherefore shall be the basis for determining the Subgrantee's performance of supportive services and nutrition services. 13. Termination of Services to Clients. The Subgrantee agrees, with respect to any individual who is a potential program participant or a potentially aggrieved program participant, to provide such individual with meaningful opportunity to be heard concerning his or her eligibility or continuing eligibility at a hearing. The Subgrantee shall have procedural requirements which, at a minimum, include all of the safeguards and elements of the model Client Grievance/Complaint Procedure on file at CSRA RC and available from CSRA RC upon written request. 14. Reports. The Subgrantee shall furnish CSRA RC with monthly program performance reports, in such form as may be specified by CSRA RC, describing the work accomplished by the Subgrantee. Such report(s) shall be furnished to CSRA RC within five days after the end of the period reported. All due dates in this agreement shall be based on calendar days. If any such due date should occur on Saturday, Sunday or CSRA RC holiday, the next CSRA RC workday shall be considered the due date. 15. Rishts in Documents. Materials and Data Produced. The Subgtantee agrees that all reports, studies, records, and other data prepared by or for it under the terms of this agreement shall be the property of CSRA RC upon termination or completion of the work. CSRA RC shall have the right to use the same without restriction or limitation and without compensation to the Subgrantee other than that provided for in this agreement. For the purposes of this contact, "data" includes writings, sound recordings, photographs, films, videotapes or other graphic representations and works of a similar nature. No documents, material or data produced in whole or in part under this agreement shall be the subject of an application for copynght by or on behalf of the Subgrantee or its fourth party Subgrantees. The Subgrantee acknowledges that matters regarding the rights to inventions and materials generated by or arising out of this agreement may be subject to certain regulations issued by the funding agencies. Information regarding the applicability of such regulations to a specific situation may be obtained by written request to CSRA RC. 16. CSRA RC'S Rieht to Suspend Aereement. The CSRA RC reserves the right to suspend the agreemenVsubgrant in whole or in part under this agreement provision if it appears to the CSRA RC that the Subgrantee is failing to substantially comply with the quality of service or the specified completion schedule of its duties required under this agreement, and/or to require fuither proof of reimbursable expenses prior to payment thereof, and/or to require improvement, at the discretion of the CSRA RC, in the programmatic performance or service delivery and/or to comply with any order or directive of a state or federal agency or court or arbitrator(s) with jurisdiction, by law or by consent, over the CSRA RC. 17. Cooperation in Transition of Services. The Subgrantee agrees upon termination of this agreement, in whole or in part, for any reason that the Subgrantee will cooperate as requested by the CSRA RC to effectuate the smooth and reasonable transition of the care and services for consumers/customers/clients as directed by the CSRA RC. This will include but not be limited to the transfer of the consumer/customer/client records, personal belongings, and funds of all Version 2021-1-A Page 9 of34 DocuSign Envelope#f lD: 7D888441 -E924-4 1 60-8078-F080980981 0D AAA FY 2O2I NUTRITION MEMORANDUM OF AGREEMENT consumers/customers/clients as directed by the CSRA RC. Subgrantee further agrees that should it go out of business and/or cease to operate, all original records of consumers/customers/clients served pursuant to this agreement shall be transferred by the Subgrantee to the CSRA RC immediately and shall become the property of the CSRA RC in addition to any other remedy afforded the CSRA RC hereunder or by law. Failure to cooperate in the transition of services will result in the Subgrantee becoming an ineligible contractor/Subgrantee for a period of three (3) years from the end of this agreement period. Force Maieure. Each party will be excused from perfonnance under this agreement to the extent that it is prevented from performing, in whole or in substantial part, due to delays caused by an act of God, civil or military authority, war, court order, acts of public enemy, and such nonperformance will not be default under this agreement nor a basis for termination for cause. Nothing in this paragraph shall be deemed to relieve the Subgrantee from its liability for work performed by any fourth party Subgrantees. If the services to be provided to the CSRA RC are intemrpted by a force majeure event, the CSRA RC will be entitled to an equitable adjustment to the fees and other payments due under this agreement. Publicitv. A. Subgrantees must ensure that any publicity given to the program or services provided herein identify the CSRA RC and the State Department of Human Resources as sponsoring agencies. Publicity materials include, but are not limited to, signs, notices, information pamphlets, press releases, brochures, radio or television announcements, or similar information prepared by or for the Subgrantee. Prior approval for the materials must be received from the CSRA RC and DHS's managing programmatic division/office. All media and public information materials must also be approved by the State of Georgia's Commissioner's Office of Policy and Govemment Services, Office of Communications. In addition, the Subgrantee shall not display the CSRA RC or DHS's name or logo in any manner, including, but not limited to, display on Subgrantee's letterhead or physical plant, without the prior written authorization of the Executive Director of the CSRA RC and/or the Commissioner of DHS. B. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health, the Commissioner's Office of Policy and Government Services must be notified prior to major publicity and/or media campaigns developed by or for the board-operated programs which identify the Department as a sponsoring agency. ln addition, the Subgrantee shall not display the Department's name or logo in any manner, including, but not limited to, display on Subgrantee's letterhead or physical plant, without the prior written authorization of the Commissioner of the Department. Inventions. Patents. Copvrights. Intansible Propertv and Publications. The Subgrantee agrees if patentable items, patent rights, processes, or inventions are produced in the course of work supported and funded by this agreement, to report such facts in writing promptly and fully to the CSRA RC. The CSRA RC, the federal agency, and DHS shall determine whether protection of the invention or discovery shall be sought. The CSRA RC, the federal agency and DHS will also determine how the rights to the invention or discovery, including.ights under any patent issued thereon, shall be allocated and administered in order to protect the public interest consistent with Government Patent Policy. 18. t9. 20. Version 2021-1-A Page l0 of34 Envelope,tI I D: 7DB8B441 -E924-4'l 60-8078-F08098098 1 0D AAA FY 2021 NUTNTION MEMORANDUMOF AGREEMENT Copyrights. Except as otherwise provided in the terms and conditions of this agreement, the author or the CSRA RC or DHS is free to copyright any books, publications, or other copyrightable materials developed in the course of, or under this agreement. Should any copynght materials be produced as a result of this agreement, the CSRA RC, the federal agency and DHS shall reserve a royalty-free nonexclusive and irrevocable right to reproduce, modify, publish, or otherwise use and to authorize others to use the work for government, CSRA RC, and/or departmental purposes. Publications: All publications, including pamphlets, art work, and reports shall be submitted to the CSRA RC on disk or electronically. 21. Financial Manasement Svstem. Subgrantee certifies that its financial management system currently complies and will continue to comply with all of the standards for financial management systems specified in 45 CFR 74, or 45 CFR 92, or 41 CFR 29-70 as appropriate. ln addition, the Subgrantee agrees to accurately maintain its financial records for each cost center as specified in Attachment C in such form and utilizing such procedures as CSRA RC or the funding agencies may require. This includes, but it not limited to, the requirement that Subgrantee financial records shall provide for (1) accurate, current, and complete disclosure of the financial results of each cost center; (2) records that identify adequately the source and application of funds by cost center for activities supported under this agreement; and (3) time, attendance, and payroll distribution records to support salaries and wages paid to employees of the Subgrantee. 22. Emplovee's Rate o/Compensation. The rate of compensation for work performed under this program by a staff member or employee of the Subgrantee shall not exceed the compensation of such person that is applicable to his or her other work activities for the Subgtantee. Time and attendance and payroll distribution records shall support charges for salaries and wages of individual employees. 23. Financial Reports. In addition to other records required by this agreement, the Subgrantee agrees to provide to CSRA RC such additional financial reports in such form and frequency as CSRA RC may require in order to meet the CSRA RC's requirements for reporting to funding agencies. 24. Audits. Subgrantees that expend $750,000 or more in Federal funds during their fiscal year agree to have a single entity-wide audit conducted for that year in accordance with the provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and their implementing regulation, OMB Circular A-133 entitled, "Audits of States, Local Governments, and Nonpro fit Organizations." The audit reporting package shall include the documents listed in Policy 1244 of the DHS Directives lnformation System. Suberantees expendine $100.000 or more in State funds during their fiscal year agree to have an entity-wide audit conducted for that year in accordance with Generally Accepted Auditing Standards issued by the American lnstitute of Certified Public Accountants. The audit reporting package shall include the documents listed in Policy 1244 of the DHS Directives Information System. Suberantees expending at least $25"000 but less than $100.000 in State funds during their fiscal * Version 2021-1-A Page ll of34 DocuSign Envelope lD: 7DB8B441-E9244160-8078-F080980981 0D AAA FY 2021 NUTRITION MEMOMNDUMOF AGREEMENT year agree to prepare unaudited entity-wide financial statements for that year. Assertions concerning the basis of financial statement preparation must be made by the president or other corporate official as described in Policy 1244 of the DHS Directives Information System. The Subgrantee further agrees to submit the required audit or financial statement, within 180 days after the close of the Subgrantee's fiscal year to: Jennifer Sankey, CPA Chief Financial Officer 3626 Walton ll/ay Ext, Suite 300 Augusta, GA 30909-2016 The Central Savannah River Area Regional Commission's Board of Directors has established the following sanction for any violation of this requirement: If a Contractor fails to provide a final audit statement as required under the contract's terms, the CSRA RC will withhold any pending and/or future payments for services rendered until such time that the final audit is submitted and verified. If a pattern of such failures materializes, the Contractor will become ineligible to receive CSRA RC contracts for a period of 12 months. Recognizing that some situations might arise that are above and beyond the Contractor's control, the CSRA RC may extend the date of receipt of the final audit for a thirty (30) day period upon request and verifiable documentation related to the reason for the extension. Extensions past the thirty (30) day period may be requested, but any ' such request must be presented in person before the CSRA RC's Board of Directors with the Contractor's auditor present. 25. Interest of Subgrantee. The Subgrantee covenants that neither the Subgrantee, nor anyone controlled by the Subgrantee, controlling the Subgrantee, or under common control with the Subgrantee, nor its agents, employees or fourth party Subgrantees, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Subgrantee's service hereunder in an impartial and unbiased manner. The Subgrantee further covenants that in the performance of this agreement no person having any such interest shall be employed by the Subgrantee as an agent, fourth party Subgrantees or otherwise. If the Subgrantee contemplates taking some action which may constitute a violation of this paragraph, and Subgrantee shall request in writing the advice of CSRA RC, and if CSRA RC notifies the Subgrantee in writing that the Subgrantee's contemplated action will not constitute a violation hereof, then the Subgrantee shall be authorized to take such action without being in violation of this paragraph. 26. Interest of Members of CSRA RC and Others. No officer, member or employee of CSRA RC, and no public official of any local government which is affected in any way by the program, who exercises any function or responsibilities in the review or approval of the program or any component part thereof, shall participate in any decision relating to this agreement which affects his or her personal interests or the interest of any corporation, partnership or association in which he or she is directly, or indirectly, interested; nor shall any such officer, member or employee of CSRA RC, or public official of any local government affected by the program, have an interest, Version 2021-1-A Page 12 of 34 DocuSign lD: 7D888441 -E9244160-8078-F080980981 0D AAA FY 2021 NUTRITION MEMORANDUM OF AGREEMENT direct, in this agreement or the proceeds arising therefrom. Officials Not to Benefit. No member or delegate to the (1) Legislature of the State of Georgia, elected or appointed State of Georgia official, or employee of the State of Georgia Department of Human Services (and Division of Aging Service) and (2) Congress of the United States of America, resident commissioner or employee of the United States Government, shall participate or influence any decision relating to the award or administration of this agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly, or indirectly, has any involvement. Restrictions on Hirins of CSRA RC Emplovees. The Subgrantee and any associated fourth party Subgrantees shall not hire, retain, or engage in any paid or unpaid capacity (employee, consultant, or advisor) an employee (full-time, part-time, or consultant) of the CSRA RC within a twelve (12) month period after the termination date of this agreement without the express written consent of the CSRA RC's Executive Director. Further, any former CSRA RC employee who is hired, retained, or engaged having met the above 12 month restriction may not be directly involved with the management and performance of this agreement without the express written approval of the CSRA RC Executive Director. Subgrantee violation of this restriction shall be grounds for agreement termination at the CSRA RC's discretion. Proi ect Administration. Envelope#I 27. 28. 29, (a) (b) (c) (e) (d) The Subgrantee agrees that the Subgrantee executor is responsible for ensuring that all terms and conditions of the agreement are fully met to CSRA RC's satisfaction. The Subgrantee agrees that all persons who administer the funds associated with this agreement on behalf of the Subgrantee will be responsible to the Subgrantee executor. The Subgrantee agrees that the Subgrantee executor and all persons who administer the funds associated with this agreement on behalf of the Subgrantee will be bonded in an amount equal to at least ten percent of the total amount specified in Attachment "A" of the agreement or $25,000, whichever is less, if receiving an advance of funds. The Subgrantee shall transmit written documentation of such bonding to CSRA RC, in form satisfactory to CSRA RC, prior to receipt of any funds from CSRA RC. For bonds that expire before the completion date of this agreement, proof of renewal of such bond shall be provided to CSRA RC, within 20 days after renewal. The Subgrantee agrees to administer the program in a manner satisfactory to CSRA RC and in accordance with relevant procedures, as determined by CSRA RC and the funding agencies (e.9., 29 CFR I 321 or 45 CFR 202 as appropriate). The Subgrantee shall at all times maintain during the term of this agreement policies of insurance (including, where applicable, Worker's Compensation coverage) covering any property acquired with funds made available by this agreement, as well as public liability insurance with generally recoguized, responsible insurance companies authorized to do business in the state of Georgia, each of which are also qualified and authorized to assume the risks undertaken. Such insurance shall be in such amounts as a responsible and prudent company or organization would require under similar circumstances. Such Version 2021-l-A Page l3 of34 DocuSign Envelope lD: 7DB88441-E924-4160-8078-F0809809810D f,nf AAA FY 2021 NUTRITION MEMORANDUMOF AGREEMENT lnsurance shall cover the Subgrantee and its above, described property, as well as its employees, agents and volunteers. 30. Subcontracts. Work or services to be performed under this (third party) agreement by the Subgrantee may be subcontracted (fourth party) under the following conditions: (a) The Subgrantee agrees that the selection of fourth party Subgrantees requires competition between potential fourth party Subgrantees pursuant to 45 CFR 74 or adequate justification for sole source selection. (b) All such subcontracts shall bind the fourth party Subgrantee to applicable terms and conditions of this (third party) agreement between CSRA RC and the Subgrantee. (c) Any fourth party agreement in excess of $10,000 total value shall have written CSRA RC approval prior to execution. CSRA RC approval shall not be unreasonably withheld. (d) A copy of all fourth parfy agreements shall be on file at the Subgrantee's office and available for review by CSRA RC monitors upon request. (e) The Subgrantee will be responsible for the performance of any fourth party Subgrantees to whom any duties are delegated under any provision of this agreement. (0 The Subgrantee agrees to reimburse the CSRA RC for any federal or state audit disallowances arising from a fourth party Subgrantees's performance or non-performance of duties under this agreement that are delegated to the fourth party Subgrantees. (g) If the Subgrantee subcontracts for the provision of any deliverables pursuant to this agreement, the Subgrantee agrees to include the following in each subcontract: l. Stipulations that the fourth party Subgrantees is required to adhere to each provision of this agreement related to the quality and quantity of deliverables, compliance with state and federal laws and regulations, confidentiality, auditing, access to records and agreement administration. 2. A clear statement of the service or product being acquired through said subcontract with detailed description of cost including properly completed Division of Aging Services Unit Cost Methodology documentation, as appropriate. (h) The Subgrantee shall promptly pursue, at its own expense, appropriate legal and equitable remedies against any fourth party Subgrantees who fails to adhere to the agreement requirements. The Subgrantee's failure to proceed against a fourth party Subgrantees will constitute a separate breach by the Subgrantee in which case the CSRA RC may pursue appropriate remedies as a result of such breach. Failure by the Subgrantee to comply with the provisions of this paragraph in a timely manner as determined by CSRA RC, may at CSRA RC's discretion result in disallowance or delay in payment under the Paragraph titled Method of Pavment or in termination pursuant to the Paragraph titled Termination. Version 2021-l-A Page 14 of 34 DocuSign Envelope lD: 7D88B441-E924-4160-8078-F0809809810D AAA FY 2021 NUTNTION MEMORANDUM OF AGREEMENT Assienabilitv. The Subgrantee shall only assign, sublet or transfer all or any portion of its interest in this agreement with the prior written approval of CSRA RC. Amendments. The CSRA RC may require changes in this agreement from time-to-time. Such changes, including any increase or decrease in the amount of the Subgrantee's compensation shall be incorporated in written amendments to this agreement. Only the CSRA RC's Executive Director may execute amendments to this agreement on behalf of the CSRA RC. Disputes and Appeals. The CSRA RC Executive Director shall decide any questions arising under this agreement. Such questions must be submiued to the CSRA RC's Executive Director in writing via certified mail, return-receipt requested. The CSRA RC's Executive Director shall reduce such decision concerning the question to writing and mail or otherwise fumish a copy thereof to the Subgrantee within ten (10) business days after receipt of the question. The Subgrantee agrees that the decision of CSRA RC's Executive Director shall be final and conclusive unless, within ten (10) days of receipt of such copy, the Subgrantee mails or otherwise fumishes a written request for appeal concerning the question of fact to CSRA RC's Commission of Directors, who shall arrange a formal hearing within thirty (30) business days after receipt of the appeal request. All such requests must be mailed via certified mail, return- receipt requested to the attention of the CSRA RC's Board of Directors at3626 Walton Way Ext, Suite 300, Augusta, GA 30909. Both the Subgrantee and CSRA RC's Executive Director shall have the right to present witnesses and give evidence concerning the question of fact at such time. Within thirty-trvo (32) days after the hearing, the CSRA RC's Commission of Directors shall render its decision concerning the question of fact in writing to the Subgrantee and to CSRA RC's Executive Director. Pending final decision of an appeal to the CSRA RC's Board of Directors, the Subgrantee shall proceed diligently with the performance of the agreement and in accordance with CSRA's Board of Director's decision. The Subgrantee agrees that the decision of the CSRA RC's Commission of Directors concerning the question shall be final and conclusive unless determined otherwise by the funding agencies, or the Comptroller of the United States. ln the event the funding agencies provide input, the CSRA RC's Commission of Directors will reconsider its decision at the next regularly scheduled meeting of the CSRA RC Commission. Any decision made based on the information provided from the funding agencies (the reconsideration action) shall be final and conclusive. 34. Assurances. The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements, including the Executive Order 12372,45 CFR 74, 45 CFR 92, and U.S. Office of Management and Budget Circular (as currently amended) Nos. A-87, A-102, A-110, A-122, and A-133 (including compliance supplement), as appropriate, as they relate to the application, acceptance, use and audit of Federal funds for this federally assisted program. Also, the Subgrantee gives assurance and certifies with respect to this purchase of service agreement that: (a) For all purchase of service agreements: (1) It possesses legal authority to apply for this purchase of service agreement, and, if appropriate, to finance and construct any proposed facilities; and, a resolution, 31. 32. JJ. Version 2021-1-A Page 15 of34 Docusign Envelope lD: 7D88B441 -E9244160-8078-F080980981 0D (2) AAA FY 2021 NUTRITION MEMORANDUMOF AGREEMENT motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authoizing the person identified as the official representative of the Subgrantee to act in connection with the application and to provide such additional information as may be required, and, upon CSRA RC's approval of its application, that the person identified as the official representative of the Subgrantee is authorized to execute a purchase of service agteement incorporating the terms of its application. It will comply with Title VI of the Civil Rights Act of 1964 (P.L.88-352 and 42USC 2000d) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of age, disability, religion, creed or belief, political affiliation, sex, race, color, or national origin, be executed from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. It will further comply with Title VI provisions prohibiting employment discrimination where the primary purpose of a grant is to provide employment. It will not discriminate against any qualified employee, applicant for employment or service fourth party Subgrantees, or client because of age, disability, religion, creed or belief, political affiliation, race, color, sex or national origin. The Subgrantee shall take affirmative action to ensure that qualified applicants are employed and qualified fourth party Subgrantees are selected, and that qualified employees are treated during employment, without regard to their age, disability, religion, creed or belief, political affiliation, race, color, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship, and participation in recreational and educational activities. If the Subgrantee has fifty or more employees (regardless of the funding sources) and if the total compensation and reimbursement to be paid to the Subgrantee as specified in Attachment "A" of the agreement is fifty thousand dollars ($50,000) or more, the Subgrantee certifies that: (A) It has developed a written Affirmative Action Program (AAP) which includes: an analysis of the Subgrantee's work forces showing by job category the extent to which minorities and females are being underutilized, and where minorities and females are being underutilized, realistic goals and timetables in each job category for correcting the underutilization; and (b) it presently has such a plan in effect and such plan will remain in effect at least until the program completion date of this agreement. The Subgrantee agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Subgrantee shall in all solicitations or advertisements for fourth party Subgrantees or employees placed by or on behalfofthe Subgrantee, state that all qualified applicants will receive consideration for employment without regard to age, disability, religion, creed or belief, political affiliation, race, color, sex or national origin. The Subgrantee shall not discriminate against any qualified client Version 2021-1-A Page 16 of34 DocuSign lD: 7DB8B441 -E92441 60-8078-F08098098 1 0D (8) Version 2021-1-4, AAA FY 2O2I NUTNTION MEMORANDUM OF AGREEMENT or recipient of services provided through this agreement on the basis of age, disability, religion, creed or belief, political affiliation, race, color, sex or national origin. The Subgrantee shall cause the foregoing provisions to be included in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each fourth party Subgrantees, provided that the foregoing provisions shall not apply to subcontracts for less than ten thousand dollars ($10,000). The Subgrantee shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as CSRA RC or the funding agencies may require. The Subgrantee agrees to comply with such rules, regulations or guidelines as CSRA RC or the funding agencies may issue to implement the requirements of this paragraph. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. It will comply with the applicable provisions of the Hatch Act, which limits the political activity of employees. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. It will cooperate with CSRA RC in assisting the funding agencies in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-l et seq.) by (a) consulting, through CSRA RC, with the State Historic Preservation Offrcer on the conduct of investigations, as necessary, to identiff properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 3 CFR Part 800.8) by the activity, and subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying, through CSRA RC, the funding agencies of the existence of any such properties, and bV (b) complying with all requirements established by CSRA RC or the funding agencies to avoid or mitigate adverse effects upon such properties. It understands that the phrase "Federal financial assistance" is included any form of loan, Brmt, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. For purchase of service agreements involving Federal financial assi Envelopefif (3) (4) (s) (6) (7) stance for * PagelT of34 Envelopefltf lD: 7D88B441 -E9244'160-8078-F08098098'l 0D AAA FY 2O2I NUTNTION MEMORANDUMOF AGREEMENT construction, it will make certain that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notifii the fund agencies, through CSRA RC, of the receipt of any communication from the Director of the EPA office of Federal Activities indicating that a facility to be used in the program is under consideration for listing by EPA. (9) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, as approved December 3I, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities when such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (10) The Subgrantee agrees to abide by all State and Federal laws, rules and regulations and DHS and Division of Aging Services policy or procedure on respecting confidentiality of an individual's records. The Subgrantee further agrees not to divulge any information concerning any individual to any unauthorized person without the written consent of the individual employee, client or responsible parent or guardian. (12) The Subgrantee agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA) and any relevant federal and state laws, rules and regulations. Propertv Management Standards. The Subgrantee agrees: A. That all non-expendable personal property purchased, in total or in part, with funds received from the CSRA RC during the term of this agreement and all previous agreements is property of the CSRA RC and is subject to the rules and regulations of the CSRA RC throughout the life and disposition of said property. Said property cannot be transferred or otherwise disposed of without prior written approval of the CSRA RC. To adhere to all policies and procedures as promulgated in the State of Georgia's Department of Human Resources' DHS Administrative Policy and Procedures Manual, Part x, the Property Management Manual, and, if applicable, the vehicle Management Manual, which are by reference made a part of this agreement. Subgrantee understands that the requirements for inventory of property (at least every two years) and a control system to safeguard against loss, damage or theft as contained in the property manual shall be followed. That property records shall be maintained accurately and reported on Form #5111, Detailed Equipment Listing, within 30 days after acquisition of such property, to the CSRA RC as indicated below: 35. B. C. Version 2021-l-A Page l8 of34 DocuSign Envelope lD: 7D88B441 -E9244160-8078-F0809B0981 0D (2) Version 2021-l-A AAA FY 2021 NUTNTION MEMOMNDUM OF AGREEMENT CSRA Regional Commission Attn: Property Control 3626 Walton Way Ext, Suite 300 Augusta, GA 30909 D. In the event that this agreement is terminated prior to expiration or is not renewed, Subgrantee agrees to properly dispose of all CSRA RC property as follows: 1.Prepare Form 5086, Equipment Status Change form listing all CSRA RC equipment in the Subgrantee's possession and send this form to the CSRA RC for final disposal determination. Upon notification by the CSRA RC, Subgrantee agrees to transport the RC's property to the CSRA RC's facility. Expenses incurred by the Subgrantee in transporting this equipment may be charged to the terminated agreement. Federal Prohibitions and Requirements Related to Lobbvine: Pursuant to Section 1352 of Public Law 101-221, the Subgrantee agrees that: No Federally appropriated funds have been paid or will be paid, by or on behalf of the Subgrantee, to any person for influencing or attempting to influence an officer or employee of any Federal 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 gant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. As a condition of receipt of any Federal contract, grant, loan, or cooperative agreement exceeding $100,000, the Subgrantee shall file with CSRA RC a signed "Certification Regarding Lobbying." If any funds other than Federally 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 the Federal contract, grant, loan, or cooperative agreement, the Subgrantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instruction. A disclosure form will be filed at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Subgrantee under subparagraphs (B) or (C) of this paragraph. An event that materially affects the accuracy of the information reported includes: A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or A change in the person(s) or individual(s) influencing or attempting to influence a 2. 36. (a) (b) (c) (d) (1) Page 19 of34 DocuSign Envelope lD: 7D88B441-E924-4160-8078-F0809809810D AAA FY 2021 NUTNTION MEMORANDUMOF AGREEMENT covered Federal action; or,(3) A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a covered Federal action. Any Subgrantee who makes a prohibited expenditure or who fails to file or amend the disclosure form, as required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. An imposition of a civil penalty under this action does not prevent the United States from seeking any other remedy that may apply to the same conduct that is the basis for the imposition of such civil penalty. The Subgrantee shall require that the prohibitions and requirements of this paragraph included in the award documents for all subawards at all tiers (including subcontracts, purchase of service agreements, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Debarment. ln accordance with Executive Order 12549, Debarment and Suspension, and implemented at 45 CFR Part 76, 100-510, the Subgrantee shall certifu that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this agreement by any federal department or agency. The Subgrantee further agrees that it will include the requirement for the "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier transactions and in all solicitations for lower tier covered transactions. Compliance with Reouirements of the Georsia Department of Human Resources (DHS). The Subgrantee shall be bound by the applicable terms and conditions of the purchase of service contract between CSRA RC and DHS, which is on file in the offices of CSRA RC and is hereby made a part of this agreement as fully as if the same were attached hereto. If any of the terms and conditions of this agreement conflict with any terms and conditions of the purchase of service contract, the Subgrantee agrees to abide by the terms and conditions of the contract, which shall be controlling unless prior written consent to the contrary is received from CSRA RC. Documentation of Rent Costs. All Subgrantee budgeted rent line items or maintenance in lieu of rent line items on privately owned buildings must be supported by three (3) separate Statements of Comparable Rent, DHS Form #5465 (copies available from the Department). Public facility maintenance in lieu of rent budgeted by the Subgrantee will be supported by a Local Statement of Service and Maintenance Cost in Lieu of Rent in Public Buildings, DHS Form #5464, and by three separate Statements of Comparable Rent, DHS Form #5465 (copies available from the Department). Rent per se is not applicable for publicly owned facilities/buildings unless newly occupied on or after October 1, 1980, in accordance with OMB Circular A-87. 37. 38. 39, Version 2021-l-A Page 20 of 34 DocuSign Envelope lD: 7DBBB441-E924-4160-8078-F0809809810D AAA FY 2O2I NUTNTION MEMORANDUM OF AGREEMENT 40. : (a) The Subgrantee agrees that, for the filling of positions or classes of positions having direct careltreatment custodial responsibilities for services rendered under this agreement, applicants selected for such positions shall undergo a criminal record history investigation that shall include a fingerprint record check pursuant to the provisions of Code Section 49-2-14 of the Official Code of Georgia Annotated. ln order to initiate this requirement, the Department will provide forms, which will include the required data' from the applicant. The Subgrantee agrees to obtain the required information (which will include two proper sets of fingerprints on each applicant) and transmit said fingerprints directly to the Georgia Crime lnformation Center together with the fee as required by said Center for a determination made pursuant to Code Section 49-2-14 of the Official Code of Georgia Annotated or any other relevant statutes or regulations. (b) After receiving the information from the Georgia Crime lnformation Center or any other appropriate source, the Department will review any derogatory information and, if the crime is one which is prohibited by duly published criteria within the Department, the Subgrantee will be informed and the individual so identihed will not be employed for the purpose of providing services under this agreement. (c) The provisions of this paragraph of the agreement shall not apply to persons employed in day-care centers, group day-care homes, family day-care homes, or child-caring institutions which are required to be licensed or registered by the Department or to personal care homes required to be licensed, permitted, or registered by the Department. 41. Other Requirements. In addition to other requirements of this agreement, the Subgrantee agrees to comply with, and shall be bound by, the applicable terms and conditions of all State and Federal laws or regulations governing and defining resources, project administration, allowable costs and associated procurement standards including but not limited to 41 CFR 29-70, or 45 CRR 74, or 45 CFR 92, as appropriate. The Subgrantee agrees that, if costs incurred by the Subgrantee are not in conformity with the above requirements and are subsequently disallowed as a result of an audit pursuant to the Paragraph titled Slllqhereinabove or by CSRA RC, Georgia Department of Human Services, U.S. Department of Health and Human Services, the Comptroller General of the United States, or any of their duly authorized representatives, then, upon written demand by CSRA RC, the Subgrantee shall reimburse CSRA RC in fulI for any payment made by CSRA RC to the Subgrantee for such disallowed costs within thirty days of receipt of such written demand. 42. State of Georsia Ethics Code Violations. The Subgrantee understands that the State of Georgia's Department of Human Resources' Division of Aging Services (the Department) is the primary source of funds for this subgrant agreement. Under Subsection 93. I I ($93. I 1) of the Division of Aging Services' Compliance with Contractor Responsibilities, Rewards and Sanctions publication, entitled Ethics Code Violations, all contractors, including the Area Agency on Aging and their sub-contractors are expected to abide by the Code of Ethics for Government Service (See Appendix 93-B of the above-referenced publication for a copy of the current Code of Ethics). Accordingly, my violations of the Ethics Code requirements will be Version 2021-1-A Page 21 of 34 DocuSign Envelope lD: 7DBBB441-E924-4160-8078-F0809809810D C. 43. 44. AAA FY 2O2I NUTNTION MEMORANDUMOF AGREEMENT investigated by the Department and referred by the Department to the appropriate law enforcement agency. Ethics violations may result in criminal prosecution and may be pursued based on the provisions pertinent laws and regulations. When conducting such investigations, the Department will inform the contractor of the exact nature of the complaint and may require the contractor to conduct its own internal investigation. The Department will document its investigation's findings and conclusions and inform the contractor and the complainant of the results. If an investigation indicates there is a substantiated situation in which there is a question of ethics code violations, the Department will require the contractor to take corrective action and/or refer the complaint to appropriate law enforcement agencies. CSRA RC Ethics Hotline. The Central Savannah River Area Regional Commission has initiated and established an ethics hotline. All recipients of subgrants, contracts, subcontracts, and/or cooperative agreements are required to take proactive steps to ensure that employees within their agencies are aware of the CSRA RC's ethics hotline. To this end, the subgrantee must provide its employees with a copy of the CSRA RC's ethics hotline information brochure and each employee must sign an acknowledgement that the information has been provided to himftrer. Copies of all acknowledgements must be maintained in the records associated with this agreement and are subject to review by the CSRA RC at all times. Termination. A. Due to non-availability of funds. Notwithstanding any other provision of this agreement, in the event that any of the funding sources of for payments to the CSRA RC for services under this agreement no longer exist, or in the event the sum of all obligations of the Center incurred under this and all other agreements entered into for this program exceeds the balance of such agreement sources, theh this agreement shall immediately terminate without further obligation of the CSRA RC as of that moment. The certification by the Commissioner of the Department of Human Services of the occurrence of either of the events stated above shall be conclusive. B.Due to default or for cause. This agreement may be terminated for cause, in whole or in part, at any time by the CSRA RC for failure of the Subgrantee to perform any of the provisions hereof. Should the CSRA RC exercise its right to terminate this agreement under the provisions of this paragraph, the termination shall be accomplished in writing and specify the reason and termination date. The Subgrantee will be required to submit the final agreement expenditure report not later than 45 days after the effective date of written notice of termination. Upon termination of this agreement, the Subgrantee shall not incur any new obligations after the effective date of the termination and shall cancel as many outstanding obligations as possible. The above remedies are in addition to any other remedies provided by law or the terms of this agreement. For Convenience of the Subgrantee. This agreement may be cancelled or terminated by the Subgrantee without cause; however, the Subgrantee must give written notice of its intention to do so to the CSRA RC at least sixty (60) days prior to the effective date of cancellation or termination. D. For Convenience of CSRA RC. This agreement may be cancelled or terminated by the CSRA RC without cause; however, the CSRA RC must give written notice of its intention to Version 2021-1-A Page22 of34 DocuSign E lD: 7DBBM4'l -E9244160-8078-F0809B0981 0D AAA FY 2021 NUTNTION MEMOMNDUM OF AGREEMENT do so to the Subgrantee at least thirty (30) days priorto the effective date of cancellation or termination. E. Notwithstanding any other provision of this paragraph, this agreement may be immediately terminated without any opportunity to cure, if any of the following events occurs: 1. Subgrantee becomes insolvent or liquidation or dissolution or a sale of the Subgrantee's assets begins. 2. Subgrantee or any of its subgrantees violates or fails to comply with any applicable provision offederal or state law or regulation. 3. Subgrantee or any of its subgrantees knowingly provides fraudulent, misleading or misrepresentative information to any consumer/customer/client of the CSRA RC or the Deparhnent of Human Services or to the CSRA RC or DHS's representatives. 4. Subgrantee has exhibited an inability to meet its financial or services obligations under this agreement. A voluntary or involuntary bankruptcy petition is filed by or against the Subgrantee under the U.S. Bankruptcy Code or any similar petition under any state insolvency law. An assignment is made by the Subgrantee for the benefit of creditors. 7. A proceeding for the appointment of a receiver, custodian, trustee, or similar agent is initiated with respect to the Subgrantee. 8. The CSRA RC deems that such termination is necessary if the Subgrantee or any fourth party Subgrantees fails to protect or potentially threatens the health or safety of any consumer/customer/client and/or to prevent or protect against fraud or otherwise protect the CSRA RC or the State of Georgia's personnel, consumers/customers/clients, facilities, or services. 9. A court with competent jurisdiction, or an arbitrator(s) conducting an arbitration involving the CSRA RC by consent, issues an order or decision that causes the contract to be rendered voidable or null and void and/or prohibits the CSRA RC from contracting with the Subgrantee, or otherwise invalidates the procurement process and/or the contractual relationship with the Subgrantee. 10. Subgrantee is debarred or suspended from performing services on any public contracts and/or subject to exclusion from participation in the Medicaid or Medicare programs. Subgrantee/Fourth-Partv License Requirements. The Subgrantee agrees to maintain any required city, county and state business licenses and any other special licenses required, prior to and during the performance of this agreement. The Subgrantee is responsible to ensure that fourth party (sub-subgrantees) contractors are appropriately licensed. The Subgrantee agrees that if it loses or has sanctioned any license, certification or accreditation required by this agreement or state and federal laws, that this agreement may be terminated immediately in whole or in part. .nvelope fi 5. 6. 45. Version 2021-l-A Page 23 of 34 DocuSign lD: 7DB8B441 -E924-41 60-8078-F080980981 0D AAA FY 2O2I NUTNTION MEMORANDUMOF AGREEMENT AIDS Policv. Subgrantee agrees, as a condition to provision of services to the CSRA RC's and/or DHS's consumers/customers/clients/patients, not to discriminate against any consumer/customer/client/patient who may have AIDS or be infected with Human Immunodeficiency Virus (HIV). The Subgrantee is encouraged to provide or cause to be provided appropriate AIDS training to its employees and to seek AIDS technical advice and assistance from the appropriate division or office of DHS, as the Subgrantee deems necessary. The Subgrantee further agrees to refer those consumers/customers/clients/patients requesting additional AIDS related services or information to the appropriate county health department. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV)," dated October 30, 1987 from the Department of Labor/Department of Health and Human Services and which has been made available to the board. The board further agrees that in the implementation of the Department's programs it will follow those standard operation procedures developed and identified by the appropriate program division of the Department as applicable to the specific programs and as provided to the board by the program division. Subgrantee agrees, as a condition to provision of services to the CSRA RC's and/or DHS's consumers/customers/clients/patients, not to discriminate against any consumer/cus- tomer/clienVpatient who may have AIDS or be infected with Human Immunodeficiency Virus (HfD. The Subgrantee is encouraged to provide or cause to be provided appropriate AIDS training to its employees and to seek AIDS technical advice and assistance from the appropriate division or office of DHS, as the Subgrantee deems necessary. The Subgrantee further agrees to refer those consumers/customers/clients/patients requesting additional AIDS related services or information to the appropriate county health department. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (H IV)," dated October 30,1987 from the Department of Labor/Department of Health and Human Services and which has been made available to the board. The board further agrees that in the implementation of the Department's programs it will follow those standard operation procedures developed and identified by the appropriate program division of the Deparfrnent as applicable to the specific programs and as provided to the board by the program division. Indemnification of CSRA RC. Subgrantee hereby waives, releases, relinquishes, discharges and agrees to indemnify, protect and save harmless the State of Georgia (including the State Tort Claims Trust Fund), DHS, DOAS, the Central Savannah River Area Regional Commission and the Central Savannah River Area Regional Commission's Area Agency on Aging, their officers and employees (collectively "indemnitees") of and from any and all claims, demands, liabilities, loss, costs or expenses for any loss or damage for bodily injury (including but not limited to death), personal injury, property damage, or contract rights, attorneys' fees caused by, growing out of, or otherwise happening in connection with this agreement, due to any act or omission on the part of Subgrantee, its agents, employees, fourth party Subgrantees, or others working at the direction of Subgrantee or on Subgrantee's behalf: or due to any breach of this agreement by Subgrantee; (collectively, the "Indemnity Claims"). Envelope dtf 46. 47. Version 2021-l-A Page 24 of 34 DocuSign lD: 7DB8B441 -E924-4 1 60-8078-F08098098 1 0D AAA FY 2O2I NUTRITION MEMORANDUMOF AGREEMENT This indemnification extends to the successors and assigns of the Subgrantee, and this indemnification and release survives the termination of this agreement and the dissolution or, to the extent allowed by law, the bankruptcy of the Subgrantee. If and to the extent such damage or loss as covered by this indemnifrcation is covered by the State Tort Claims Fund or any other self-insurance funds maintained by the Department of Administrative Services (collectively, the "funds"), the Subgrantee agrees to reimburse the Funds for such funds paid out by the Funds. To the full extent permitted by the Constitution and the laws of the State of Georgia and the terms of the Funds, the Subgrantee and its insurers waive any right of subrogation against the State of Georgia, the Indemnitees, and the Funds and insurers participating thereunder, to the full extent of this indemnification. Subgrantee shall, at its expense, be entitled to and shall have the duty to participate in the defense of any suit against the Indemnitees. No settlement or compromise of any claim, loss or damage asserted against Indemnitees shall be binding upon lndemnitees unless expressly approved by the lndemnitees. Conformance of Asreement with the Law. It is the intent and understanding of the parties to this Agreement that each and every provision of law required to be inserted in this Agreement shall be and is inserted herein. Furthermore, it is hereby stipulated that every such provision is deemed to be inserted herein, and if through mistakes or otherwise, any such provision is not inserted in correct form, then this Agreement shall upon application of either party, be amended by such insertion so as to comply strictly with the law and without prejudice to the rights of either party. If this Agreement contains any unlawful provisions, not an essential part of the Agreement and which appears not to have been a controlling or material inducement to the making hereof, the same shall be deemed of no effect, and shall upon the application of either party be stricken from the Agreement without affecting the binding force of the Agreement as it shall remain after omitting such provision. The parties agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Enforcement. This Agreement shall be govemed and construed in accordance with the laws of the State of Georgia. In any action or proceeding arising under this Agreement, the Superior Court of Richmond County, Georgia shall have and may exercise exclusive personal jurisdiction over all parties hereto, and in any such action or proceeding in said venue shall be proper. In any such action or proceeding, service of process upon any party may be perfected, in addition to any other manner provided by applicable law, by personal delivery or by mail, with an appropriate retum of service being made in writing and filed with said Court. t t il t I t I t I /il I I il I il t t t t I I I I I I il I il/ I I I I I il I I I il t t t SIGNATARE PAGE FOLLOWS t t il t t I I I I ilt I I I I / il I I t I I I / I I I I I I ilt I I I t t il t t t il t t t Envelopef,If 48. 49. Version 2021-l-A Page 25 of 34 DocuSign Envelope,tf lD: 7DB8B441 -E924416O-8078-F080980981 0D AAA FY 2021 NUTNTION MEMOMNDUM OF AGREEMENT the CSRA RC have executed this agreement as of theIN WITNESS WHEREOF, day first above written. ATTEST: Signature Name/Date ATTEST: lennifer sankey the Subgrantee and Agency/Company Name Address for Official Notices: Name lDate By: Title DATE CSRA REGIONAL COMMISSION 3626Walton Way Ext, Suite 300 Augusta, Georgia 30909 -201 6 By: tve DATE 7/L0/2020 I 3:42:55 PM EDr 7/L0/2020 | 1:15:33 PM EDr Version 2021-l-A Page26 of34 DocuSign Envelope lD: 7DB88441-E9244160-8078-F080980981 0D i{} I AAAFv2z2t NUTNTIzNMEMzRANpzMzFAGREEMENT NSERT ATTACHMENT A PROGRAMAND SERVICE PERFORMANCE REQUIREMENT S MEALS TO BE PROVIDED ARE INCLUDED IN SECTION ONE MEAL SERVICES AND/ORDELIVERY TO BE CONDUCTED IN ACCORDANCE WITH FEDERAL, STATE, AND LOCAL HEALTH POLICIES AND ESTABLISHED CONGREGATE AND HOME DELIVERED MEALS SITE PROCEDURES Version 2021.-1-A Page27 of 34 DocuSign Envelope lD: 7DBBB441-E9244160-8078-F0809809810Dfrf AAA FY 2021 NUTNTION MEMORANDUMOF AGREEMENT I. Work Services: As a provider under this agreement, the Subgrantee shall be responsible for the following general activities: l. The Subgrantee shall submit quarterly narrative reports that document efforts to develop new sources of community support, both public and private, during the agreement period. Reports are due on the 10ft of the succeeding month. 2. The Subgrantee shall attend all regularly scheduled and/or called CSRA RC-sponsored meetings and training sessions. 3. The Subgrantee shall be responsible for developing, maintaining, and fulfilling all written working agreements called for in each cost center. 4. The Subgrantee shall maintain and distribute an updated agency brochure describing available services within its service area. In addition, the Subgrantee shall develop and implement publication strategies that foster high visibility and promote positive public awareness of the aging program and issues facing older adults. 5. The Subgrantee shall encourage and document efforts to generate the program income budgeted in each sub-element. 6. The Subgrantee shall implement the automated client tracking system and shall do so consistent with the policies and procedures promulgated by the Division of Aging Services for MIS or CSRA RC. 7. The Subgrantee shall notify CSRA RC promptly of any changes in service delivery, organization or sites. 8. The Subgrantee shall do, perform, and carry out, in a satisfactory manner, as determined by CSRA RC's cognizant department director, the goals and objectives required to fulfill this agreement. 9. The Subgrantee shall implement customer satisfaction feedback and provide annual evaluations. The Subgrantee shall do, perform, and carry out, in a satisfactory manner, as determined by CSRA RC's cognizant department director, the following specific work and services. I / I I I I I I I I I I I I I /t I il t t t t t t I il I I I I ilt I I I t I I I t // t I / t t THIS SPACE LEFT INTENTIONALLY BLAI\K I ilt il/ I I I ilt I I I I I ilt t t t I I I I I il I I I I I il I t t I t I il il I I I Version 2021-l-A Page 28 of 34 DocuSign lD: 7D888441 -E9244160-8078-F080980981 0D AAA FY 2O2I NUTNTION MEMOMNDUM OF AGREEMENT ATTACHMENT B PROGRAM AND SERVICE REPORTING REQUIREMENTS Reportinq Requhements: As a provider under this contract, the Subgrantee shall be responsible for implementing the following reporting requirements. Intake, Assessment and Record Maintenance Basics for All Non-Medicaid Clients 1.1 The Title III-SSBG Operations Manual is superseded in part by these policies and procedures. 1.2 Basic intake and assessment information for all new clients entering the service delivery system shall be gathered using the following forms: The Client lntake, Registration, and Tracking Form (Attachment l) DON-R- The NSI "DETERMINE" Checklist (Attachment 6) The (CBS) lncome Determination Worksheet (Attachment 7) 1.3 The same information shall be gathered for all ongoing clients, at the time of annual individual reassessment, and changes to these client files are to be entered in the Harmony data bases as reassessments are completed. 1.4 Provider or AAA staff responsible for preparing individual client service plans shall continue to use approved service plan forms until further notice. 1.5 Provider or AAA staff responsible for preparing client notification forms shall continue to use approved forms until fuither notice. Staff shall continue to include narrative entries in client records using approved documentation formats. Clients receiving HCBS home care services must come through the Gateway/ADRC for an initial screening and assessment by the AAA staff. In cases where subcontractors are authorized to admit clients directly, a comprehensive assessment utilizing the Determination of Need-Revised (DON-R) and the Nutritional Screening Initiative (NSI) must be performed at the provider level in accordance with Policy 114 Guideline and Requirements for Client Assessment. Refer to the Georgia Department of Human Services' Division of Aging Services Division of Aging Services' Requirements for Non-Medicaid and Community Based Services. In case where the client is served by more than one agency/organization, ths A.A.A will designate which provider will be responsible for conducting reassessments and making appropriate referrals. Providers are expected to review Harmony reports and records to ensure effective coordination ofservices. Envelope dDf a. b. c. d. t.6 1.7 Version 2021-1-A Page 29 of 34 DocuSign Envelope lD: 7D888441-E924-4160-8078-F0809B09810DC!AAA FY 2021 NUTNTION MEMORANDUM OF AGREEMENT II. Client Intake, Registration and Tracking Form 2.1 All affected providers, and/or Area Agencies will use the Client Intake, Registration and Tracking Form to collect, record and enter into Harmony certain basic individual client data. 2.2 Required data elements: (a) Items l-25 on the front of the form (b) Items 34 and 35, on the reverse side, regarding NSI Checklist Scores. (NAPIS) (c) Items 47 and 48 (reverse side), regarding number of ADLs and IADLs (NAPIS) (d) Items 52, 53 and 54 (reverse side), regarding service dates and case disposition/termination (e) Agency/Provider information 2.3 When form is to be completed or information is to be updated: (a) Effective July 1, 1997 , for all new clients being registered with Harmony (b) At the time of the first or subsequent annual reassessment for ongoing clients (c) At any time that there is a change in any of the required data for any client (d) When a client is moved from a waiting list to active service status (e) Upon closure or termination of the case. 2.4 Retention and distribution of the form: (a) Keep the original form completed for initial registration of the client in the client record. (b) Provide a copy of the original form, and of any updated information, to the data entry staff for processing (c) If adding or changing information after initial registration, complete a new form if necessary, or add or change the information (ilggestion: Use a 'highlighter' marker to enter changes on the data entry copy.) Retain the original in the client record. Version 2021-l-A Page 30 of 34 DocuSign Envelope lD: 7DBBB441 -E9244160-8078-F0809B0981 0D AAA FY 2021 NUTNTION MEMORANDUM OF AGREEMENT Checklist of Activities of Daily Living and Instrumental Activities of Daily Living 3.1 When form is completed: (a) Effective July 1, 1997, all affected providers of Non-Medicaid Home and Community Based Services, regardless of fund source, or Area Agencies, will complete the check list for all clients applying for services, including those who will be placed on a waiting list. (b) At the time of first reassessment following client. implementation for each ongoing m. (c) At any time that affects functional 3.2 Use of information there is a significant change in any client's situation which status and the need for services. (a) Effective July 1, 1997, the information from the ADL-IADL Checklist, along with information captured on Poverty Level and the NSI "DETERMINE" Checklist, will, in part, replace the ESENI in evaluating the client's priority for receiving services. (b) Clients at or below poverty, with significant impairments in ADLs and IADLs, and with Nutrition Risk Scores of 6 or higher, shall be given preference for services. (c) Ongoing clients shall be reassessed at the annual review date and decisions regarding continued service needs will be based on this reassessment, using the same criteria as in III.2 (b), in conjunction with other significant information about the client's situation and need for support. IV. Nutrition Screening Initiative *DETERMINE" Checklist 4.1 Effective July l, 1997, the NSI "DETERMNE" Checklist shall be used to determine nutritional risk status for each client applying for non-Medicaid home and community based services. 4.2 The initial NSI Checklist Score shall be entered into the Title IIVSSBG Subsystem, using the Client Intake, Registration and Tracking form. 4.3 For each client who begins receiving nutrition services on or after July l, 1997, either at home or in a congregate setting, the NSI "DETERMINE" Checklist will be administered again within the first three months of service. This score, whether the same or dffirent, shall be entered into the Title III/SSBG Subsystem, using the Trackingform to update the information. {See II.a (c.)} Version 2021-1-A Page 3l of34 DocuSign lD: 7DB88441 -E9244160-8078-F0809B0981 0D AAA FY 2O2I NUTNTION MEMORANDUMOF AGREEMENT 4.4 Baseline NSI "DETERMINE" Checklist Scores shall be determined for all current nutrition service clients and recipients of homemaker, in-home respite, and adult day health services (regardless of fund source) at the time of the next scheduled reassessment, and entered into the Title III/SSBG Subsystem, using the Tracking form to capture the information. {See II.4 (c).} 4.5 The risk status for all clients in the specified services shall be tracked for the duration of their participation in the service program using the Checklist and Tracking forms for data collection and data entry on an annual review basis. 4.6 Wherever feasible, nutrition service applicants/participants with risk scores of 6 or higher shall be referred for additional individualized nutrition screening (Level I Screening) and counseling by a registered dietician. I I il I il I I I ilt I I I I I il I I I I I I I I ilt I I I I I il I I I il I I I il I I I I I I I I I I I I I I il I I il I il il I I il I il I I I I ilt I I I il il I I I /t I I I I I I I I ilt I I I I I I ilt I I I il I I I I I I I il I I I I I il I I I I I I I I il I I I I I il I il I I I il/ I I I I I I I I I / I I I I I I I I I I I I I I I I I t//t I I I I / I I I I il I I I I I I ilt il ilt il I I I I il I il I I I I ilt I I I I I il I il I I I I I I I I I I I I I I ilt I I I il il I il I I il I il I I I I ilt I I I il il ilt t/ I I I THIS SPACE LEFT INTENTIONALLY BLAI\K t/It tilIIIIIII/IIIttiltttttttiltttttilIIIIIIIIIII II I I I I I //l I I I I I I ilt t I t il t t il t I I I I I / I I I I / I I t il t t t ilt t t I I I ll ll I I ll I I I I il ilt il I I il I il il I / I il il I I I I I I I I il I I I I I I I I //t I I I I I I I il il I il I I il I il I / I / I I I /t I I I I I I I I I I I I I I / il I I I I I I ilt il /t I il I I I / il I il I I I I ilt I I I I I I t t t t I I I t t I I I I I I I I I I ilt il il I il I /t / il I il I I I I ilt I I I I I il I il I I I I I I ll I I I I ll I lll lt ilt il I I I I il il ilil / il il t il t t t t t t t t il t Envelope ,Cf Version 2021-l-A Page 32 of 34 DocuSign Envelope lD: 7DB8B441-E9244160-9078-F080980981 0D AAA FY 2O2I NUTNTION MEMOMNDUM OF AGREEMENT ATTACHMENT C - COST AND FINAI\CIAL REPORTING REQUIREMENTS Compensation: The compensation is shown by cost center and resource category on the Distribution of Resource, Supplemental Fiscal Year exhibit and on the following individual cost center pages, which are attached to and made a part of this agreement for financial reporting, monitoring, and audit purposes. The maximum amount of CSRA RC's compensation to the Subgrantee by cost center is equal to the total federal and state funds as outlined in Section I of this agreement. The Subgrantee's request for payment described in the "Method of Payment" paragraph in the main body of the Agreement shall delineate charges to be applied to each service. ln no event will total payments under each service exceed the maximum amounts listed on the "Distribution of Resources" exhibit, nor shall CSRA RC's paymentto the Subgrantee exceed the total federal and state funds as outlined in Section I of this agreement. Any deviation from or changes to the approved budget shall be handled as follows: A. Deviations between Expenditure Object Class Categories (except FOOD or EQUIPMENT) within the same service are permitted if the cumulative absolute total of such transfers does not exceed ten (10) percent of the total amount for that service shown on individual cost center pages. Subgrantee must promptly submit written notice of such deviation to CSRA RC. No deviation in the FOOD or EQUIPMENT Expenditure Object Class Categories is permitted, under this ten percent provision. B. If the Subgrantee's proposed deviations exceed the tolerances identified in A. above, or if transfers of funds are proposed from one or more services to another, a formal agreement amendment must be requested by the Subgrantee, approved by CSRA RC, and executed by both parties. Matchine Share: In addition to the requirements specified herein, the Subgrantee specifically agrees to comply with, and shall be bound by, the applicable terms and procedures for determining the allowability of non-federal contributions by the Subgrantee or other non-federal parties in satisfying the cost sharing and matching requirements of this agreement, if any, including but not limited to 45 CFR 74 and 45 CFR 92 as appropriate. The Subgrantee further agrees that if non-federal contributions provided by the Subgrantee or other non-federal parties to fulfill the matching share requirements of this agreement, if any, are not in conformity with the above and are subsequently disallowed as a result of an audit by CSRA RC, the funding agencies, the Comptroller General of the United States, or any of their duly sworn representatives, then, upon written demand by CSRA RC, the Subgrantee shall, within thirty (30) calendar days of receipt of such written demand, reimburse CSRA RC the amount of compensation previously paid by CSRA RC to the Subgrantee that became unearned because of such disallowance. Prosram Income. Program income, as def,rned in 4 CFR 74 and 45 CFR 92 as appropriate, is further defined as follows: II. III. Version 2021-l-A Page 33 of34 DocuSign lD: 7D88B441-E9244160-807 8-F0809B0981 0D AAA FY 2021 NUTNTION MEMOMNDUM OF AGREEMENT Funds projected to be contributed by participant(s) or person(s) on behalf of a particular participant(s) of the program during the period of this subgrant agreement. Expenditure of this resource is limited to funds actually received, up to the amount shown on the "Distribution of Resources" exhibit. If program income is generated in excess of the amount shown on the "Distribution of Resources" exhibit, an agreement amendment executed by both parties is required prior to expenditure. Envelopeitf All program income is bound by the expenditure of all funds in this agreement. service. General:V. same guidelines and requirements goveming the It is a resource to be budgeted and accounted for by The Subgrantee agrees that the "year to date" percent of annual budget expended (by service or by category, and/or by Part, as appropriate) shall be in approximate alignment with the "year to date" percent of units of service delivered. The Subgrantee agrees that Match and Program lncome collected shall be expended monthly or at intervals such that state and federal funds are not expended at an accelerated rate (e.g. l0 percent match to 90 percent state and federal funds in Title III; and 12 percent match to 88 percent state and federal funds in SSBG). The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for Title III, as appropriate, which represents 10 percent of the total cost of this agreement. The certified cost/expenditures or in-kind match values will be expended/recorded by the Subgrantee monthly at 10 percent of the total monthly project expenditures for each service claimed for reimbursement. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for SSBG which represents 12 percent of the total cost of this agreement. The certified cosVexpenditures or in-kind match values will be expended/recorded by the Subgrantee monthly at 12 percent of the total monthly project expenditures for each service claimed for reimbursement. The Subgrantee agrees that CSRA RC may withhold reimbursement if compliance is not maintained with A., B., and C. above or if satisfactory explanations are not provided regarding the provision of units of service and dollars expended. Any advance under this agreement must be returned to CSRA RC prior to end of the aereement period. The Subgrantee further agrees that upon termination of this agreement for any reason, all unexpended funds held by the Subgrantee shall revert to CSRA RC. The Subgrantee further agrees that the "advance of funds" will be repaid in three equal installments during March, April, and May of this agreement period unless CSRA RC's Director of Finance and Administration gives written approval for another repayment schedule. Should any interest be earned on funds that were advance by CSRA RC, the Subgrantee will apply the interest to the cost of this agreement prior to making a reimbursemenVpayment request to CSRA RC. A. B. C. D. g Version 2021-1-A Page 34 of 34 DocuSign Envelope lD: 7DB8B441-E9244160-8078-FOBO9BO9810D sEctloa{ r CSRA REGr)NAT COMMISSIOT{ . AREA AGEilCY ON AGI]IG COOPERATIVI SUB.GNANTT AGREEi'ENT TITIT III AilD EI iIUIRTlo]I MEATS Fbcel Yrrr 2021 Contr.ct S 20-0506 RC AAA Qualifird ilutrltion Prtr.m Food VGidor: COMPASS GROUp USA, lNG., b,y end throqh tE BATEMAN dhr8lon Flrcal Year 2O21 Unlt Coqt for All Cong?a8tta Mcel: $ S.l5 gr,ra,rqn G.L gr,!t trom N9 fr,nd :orr!.stfbc.!Y.um2lUnltCocrrorAllHomcDcfivercdMeal: g S.?s The follorlnl trbla outlan.s th. me.b dr.t h.yc beea rpgrornd for your lurldkdon for tte FY 2Ot1. MerlTypr: Tltl. il! c-t Tid. lll o2 ilSl{oi8 ilsr.HD Coqrcarte Mcrk {requlree a l0 eerccnt mildr} Home0ellwrrd Mtrlr lngrlrrr r l0 pcrctnt mrtchl coqr.srte Mcels lm matdr rcqulred) - ured tn contunalon with c.l to pry for raw lood coots Honrc-Dsllwrcd iierb Ino mndt requked) - urcd ln conluctlon wlth oth6 HDM fun& to pay for 6r lood cots Dotlarvaluc gnalsfiycotrlgorf -Dslr+I L/l.lut'lnl ,rdtUll= ,m!llE= , ilstfl,lq= , ilsr'xo |rsr-ssec-Mow ilst-st tG'uow rotrt \- - RC Funds: $ 242"532 9 183,L9 3tocalMrtch: I 25,9tS I 20350 S - 3 . 3 . ( - ( ..rro ]{Sl. St tc. Con6 Coryr.tatc ll/tcab (no mrtdr rrqrlr.d) NSI - St te . ,UOW Home.Delhrcred Morlr Ino mrtch rcgulrcdf ilSl.55BG - MOW Hone0dhercd Mealr {no rnardr raqulred} Anwl lfiim,E/r ol fulcalsAlloted ey CategW lurlsdlctlm Thlc lll C1 Tlde lll C2 l{sl-Ho ilSl-SSBG{tOW t{St-St te-MOW Tot lilcttnond55,852 35,391 4)E 23,6S2 198,557 fot lco3t: ?lotc thrt thls rgrrcmcnt lndudes the flnal ellocatlon for meatr trom th€ csRA RG. All Stte mcab are purdured voluntadly \ thr bcaljurildictlon. Prajraph I of tle .tt drcd Coopratiye Afra€thent duly not s tfir rLtt to altcr finat numberc brscd on fundiry rvallebllity. 'xotc: Moeh rrc fundrd by trvo fund sourccs - t{Sl tcd fundr rrc rulctly u3cd to pry for ..w iood colB rhllc tltc rerntlnl[ fuhdtouroetarcavellableforall coetrolthe rn.l, lncludntprodrrtlonanddcllvcry. Iheportiolofthcmol paldforby1ftlll Clwlllto relmbutred bv rh. RC .t ilnetl (901 parcent of thelr vatue (1.e. iS.?S r 0.9 equab SS.frS). fhe pordm of thamerl peHfor bv Tt{. llt cl ullt br 'llmbuned by the Rc at nlnGry (9o) percent of thelr vtlua ll.c. g5.7s x 0.9 equalr gs.l7st. Sltc Cl and $te cl bcelly funded mcrls are volumarlly provldrd by tfre communlty and arr not relmbursed by the ic and therefore not slrryn ln tlrlr .grr3mGnt. Perlodk rdJurtmcntr may be mada durln3 the cortrr of t{ro yet to rlloc.t? unu*d merb ln t;. rrSlon to drer arer ol ned or b*ed m rrdrxdonr ln frdoreUrtrtr fundr CoopcElhr. Aga..trnt LrilArn?lrnmo ;yt1 Commission Meeting Agenda 11/4/2020 2:00 PM McDuffie Woods Community Center. Department: Department: Caption:Report/update from Director of Recreation Department regarding missing funds from McDuffie Woods Community Center. (Deferred from the October 20, 2020 meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Electroinc Rental and Payment Tracking System Department: Department: Caption:Report from Recreation Department regarding the implementation of electronic tracking software for keeping track of recreation parks and facility rentals, logging deposits and payments. (Deferred from the October 20, 2020 meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Exit Lane Security Equipment Sole Source Purchase Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Exit Lane Security Equipment Sole Source Purchase. Background:This security system comprises of two flip flow exit lane systems enclosed in a self-contained wall, ceiling, and floor unit electronically and video monitored for any type of personnel or object breach. The system is unmanned and approved by TSA standards after installation. A manual personnel door alongside the unit for override will be installed as well for law enforcement and authorized personnel to exit and enter. Analysis:The system offers proprietary technology for vision analytics along with a completely enclosed unit among other specifications that separates Record-USA from its competition. The system can be integrated into existing CCTV systems at the airport for ease of installation. Manufactured and supported from North Carolina and 100% unmanned operation-allowing TSA to redirect labor forces to focus on security details outside of the exit lane. With over 1100 worldwide units in service and over 10 yrs. experience, Record-USA has a 100% accepted installation credential by the TSA Financial Impact:110,000 Alternatives:To deny Recommendation:Augusta Aviation Commission recommends approval. Funds are Available in the Following Accounts: 551081306-5412110 Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM New arena project Department: Department: Caption:Discuss the Augusta-Richmond County Coliseum Authority's new arena project. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Resolution to Enter Contract with Bateman Community Living, LLC d.b.a. Trio Community Meals Department:Parks and Recreation Department:Parks and Recreation Caption:Motion to approve a Resolution to enter Contract with Bateman Community Living, LLC d.b.a. Trio Community Meals. Background:The Augusta Parks and Recreation Department operates six senior nutrition sites throughout Augusta, Georgia through a partnership with the CSRA Regional Commission Area-Agency on Aging which provides state and federal funds for meals to senior citizens including home delivery program. Analysis:The CSRA Regional Commission Area Agency on Aging selected Bateman Community Living, LLC d.b.a. Trio Community Meals as the exclusive food vendor for FY21. The contracting and budgeting process for reimbursement will not change. Financial Impact:This action reflects no increase in allotted funds. Alternatives:1. To Approve the Resolution to enter Contract with Bateman Community Living, LLC d.b.a. Trio Community Meals 2. To deny the Resolution to Enter Contract with Bateman Community Living, LLC d.b.a. Trio Community Meals which would result in forfeiting grant funds for reimbursement of congregate and homebound meals for senior citizen nutrition services. Recommendation:1. To Approve the Resolution to enter Contract with Bateman Community Living, LLC d.b.a. Trio Community Meals Funds are Available in the Following Accounts: 220054322-5313111 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo RESOLUTION TO ENTER CONTRACT with Bateman Community Living, LLC d.b.a. Trio Community Meals WHEREAS, the Augusta/Richmond County Board of Commissioners or City Councils sponsor the nutrition programs and services in its jurisdiction for individuals receiving nutrition services (Congregate and Home-delivered Meals) through a cooperative agreement with the CSRA Regional Commission Area Agency on Aging; and WHEREAS, this governing body desires to continue to receive federal and/or state funds appropriate for Nutrition services through the cooperative agreement. WHEREAS, Augusta/Richmond County is recognized as a local government or non-profit organization for the purpose of providing Nutrition Services to older adults (seniors); and WHEREAS, the Area Agency on aging has, as a result of a competitive procurement process, recognized Bateman Community Living, LLC d.b.a. Trio Community Meals, Inc., by and through its Trio Community Meals, a Delaware corporation as the region’s qualified food vendor; and WHEREAS, the Area Agency on aging, through the cooperative agreement, will reimburse for eligible meals provided in accordance with funding stream identified in the Cooperative Agreement through the qualified food vendor utilizing a contract reviewed by the Area Agency on Aging. NOW THEREFORE BE IT RESOLVED, that this governing body hereby authorizes its chief elected official to execute the contract for nutrition services to be provided in accordance with federal and state rules and regulations. _______________________________ _______________________________ Chairman/Mayor/President of Board Witness __________________________ ____________________________ Date Date Commission Meeting Agenda 11/4/2020 2:00 PM wooden crates on the State Farmer Market's Property Department: Department: Caption:Report from Code Enforcement regarding the large accumulation of wooden crates on the State Farmer Market's Property. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM 2020 - Parks & Recreation Greens Mower Department:Central Services - Fleet Management Division Department:Central Services - Fleet Management Division Caption:Motion to approve the purchase of one (1) Riding Greens Mower for $26,494.00 each from Tri-State Pump and Control, Inc. of Liberty, SC for the Parks and Recreation Department- Municipal Golf Course. Bid Item 20-160 Background:The Parks and Recreation Department-Municipal Golf Course is requesting to purchase one (1) new 11-Blade Riding Greens Mower to support landscape maintenance operations on the Golf Course. Currently the Municipal Golf Course is required to rent the necessary equipment and this arrangement is dramatically impacting their long term operational costs. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Riding Greens Mower. Invitations to bid were sent to 38 vendors to include eight (8) local vendors and received a total of two (2) responses. Tri-State Pump offered the lowest cost and provided all the necessary specifications for the requested equipment. Bid 20-160: Riding Greens Mower: 2020 Jacobsen GP400 – Tri-State Pump and Control, Inc.: $26,494.00 (Liberty, SC), 2020 Toro Greensmaster 3120– Jerry Pate Turf and Control: $27,883.00/ $27,149.00 (Atlanta, GA) Financial Impact:One (1) – 2020 Jacobsen GP400 at $26,494.00 purchased with Capital funds (ACCT# 272-06-1451/54.21110). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one (1) – 2020 Jacobsen GP400 Riding Greens Mower for the Parks and Recreation Department- Municipal Golf Course for $26,494.00 from Tri-State Pump and Control, Inc. from Liberty, SC. Cover Memo Funds are Available in the Following Accounts: Capital funds (ACCT# 272-06-1451/54.21110). REVIEWED AND APPROVED BY: Cover Memo OFFICIAL VENDORS JERRY PATE TURF & IRRIGATION 5350 TULANE DRIVE ATLANTA, GA 30336 Tri-State Pump & Control 1162 Chastain Liberty, SC Attachment B Yes Yes E-Verify Number 119259 499126 SAVE Form Yes Yes Unit Price $27,704.00 $26,970.00 $23,990.00 Year 2020 2020 Make Toro Jacobsen Model Greensmaster 3120 GP400 Approximate Delivery Time 6 weeks 10 weeks 6.01 Keys Included $37.00 6.02 Operator Manual Included Included 6.03 Delivery Charge Included Included 7.01 Cab Top Flashing Light $179.00 $75.00 7.02 Storage Accessory Included Included 7.03 Premium Suspension Seat Included Not Available 7.04 TrueSet Cutting Unit Included $1,665.00 7.05 Smooth Machine Alum Roller Included $366.00 7.06 Grass Catcher Kit Included $361.00 * EXCEPTIONS * EXCEPTIONS OPTIONAL ITEMS PRICING Total Number Specifications Mailed Out: 38 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 5 Georgia Procurement Registry: 332 Total packages submitted: 2 Total Non-Compliant: 0 2020/2021 Riding Greens Mower Bid Opening Item #20-160 2020/2021 Riding Greens Mower for Augusta, Georgia- Central Services Department - Fleet Maintenance Division Bid Due: Friday, February 28, 2020 @ 11:00 a.m. Page 1 of 1 BID 20-160 Year 2020 2020 2020 2020 Make Toro Toro JACOBSEN JACOBSEN Model Greensmaster 3120 (14 Blade Style) Greensmaster 3120 (11 Blade Style)GP400 (15 Blade Style)GP400 (11 Blade Style) Base Cost $27,704.00 $26,970.00 $23,990.00 $23,990.00 Item 6.01 Keys INCLUDED INCLUDED $37.00 $37.00 Item 6.02 Operator Manual INCLUDED INCLUDED INCLUDED INCLUDED Item 6.03 Delivery Charge INCLUDED INCLUDED INCLUDED INCLUDED Item 7.01 Cab Flashing Light $179.00 $179.00 $75.00 $75.00 Item 7.02 Storage Accessory INCLUDED INCLUDED INCLUDED INCLUDED Item 7.03 Premium Suspension Seat INCLUDED INCLUDED UNAVAILABLE UNAVAILABLE Item 7.04 TruSet Cutting Unit INCLUDED INCLUDED $1,665.00 $1,665.00 Item 7.05 Smooth Machine Aluminum Roller INCLUDED INCLUDED $366.00 $366.00 Item 7.06 Grass Catcher Kit INCLUDED INCLUDED $361.00 $361.00 Delivery Date 6 Weeks 6 Weeks 10 Weeks 10 Weeks TOTALS:$27,883.00 $27,149.00 $26,494.00 $26,494.00 FOR ALL DEPARTMENTS-Riding Greens Mower- BID OPENING 2/28/2020 @ 11:00 Tri-State Pump and ControlJerry Pate Turf and Irrigation Invitation to Bid Sealed bids will be received at this office until Friday, February 28, 2020 @ 11:00 a.m. for furnishing for: Bid Item #20-159 2020/2021 Mobile Sprayer – Central Services Department – Fleet Maintenance Commodity Codes: 002-810-95, 005-635-08. 005-635-80, 013-755-47 and 004-071-90 Bid Item #20-160 2020/2021 Riding Greens Mower – Central Services Department – Facilities Maintenance Commodity Code: 002-020-15, 002-020-16, 002-020-65, 002-020-67, 002-020-068 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, February 14, 2020 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 23, 30, February 6, 13, 2020 Metro Courier January 23 2020 Commission Meeting Agenda 11/4/2020 2:00 PM 2020 - Utilities - Construction Backhoe Department:Central Services Department-Fleet Management Division Department:Central Services Department-Fleet Management Division Caption:Motion to approve the purchase of two (2) Backhoe Loaders for $74,172.00 each, totaling $148,344.00 from Low Country Machinery of Pooler, GA for the Utilities Department, Construction Division. Bid Item 20-186A Background:The Utilities Department, Construction Division is requesting to purchase two (2) replacement Backhoe Loaders. The Backhoe Loaders selected for replacement are two 2003 Komatsu WB140-2N, Asset #’s 203178 and 203179. Asset number 203178 is over 17 years old, has 2975 engine hours and has had maintenance and repair costs totaling over $60,807. The original purchase cost of this Backhoe Loader was $49,041. Major repairs have included valve body, hood damages and outrigger replacements. The original purchase cost of this Backhoe Loader was $49,041. Major repairs have included hydraulic cylinder and boom replacement Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Backhoe Loader. Invitations to bid were sent to 24 vendors to include five (5) local vendors and received a total of three (3) responses. Low Country Machinery offered the lowest cost and provided all the necessary specifications for the requested equipment. Bid 20-186A: Backhoe Loaders: 2020 JBC 3CX – Low Country Machinery: $74,172.00 (Pooler, GA), 2020 Case 580N EP– Border Equipment: $84,209.00 (Augusta, GA), 2020 John Deere 310L EP– Flint Equipment: $91,827.62 (Albany, GA) Financial Impact:Two (2) – 2020 JBC 3CX at $74,172.00 each purchased is $148,344.00 for the Utilities-Construction Division. The equipment will be purchased with Enterprise Funds (ACCT# 506-04-3410/54.22510). Cover Memo Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of two 2020 JBC 3CX Backhoe Loaders for the Utilities Department-Construction Division for $148,344.00 from Low Country Machinery of Pooler, GA. Funds are Available in the Following Accounts: Enterprise Funds (ACCT# 506-04-3410/54.22510). REVIEWED AND APPROVED BY: Cover Memo 20-186A Year: 2020 2020 2020 Make: CASE JCB JOHN DEERE Model: 580N EP 3CX 310 L EP DELIVERY:90-120 DAYS 90-120 DAYS 60-90 DAYS Base Price Including all options $82,566.00 $73,100.00 $91,827.62 SPECIALTY ITEMS: 6.01 1 Extra Key Included Included Included 6.04 Familiarization Trng Included Included Included 6.05 Delivery Charge $150.00 $600.00 Included MANUFACTURER OPTIONS:7.01 Master Disconnect Switch Included Included Included 7.02 Anti-Rebound System Included N/A Included 7.03 Load Stabilizer Syst. Included Included Included 7.04 Sunvisor for Cab N/A Included Included 7.05 LED Light System Pkg $1,036.00 $250.00 Included 7.06 Tool Box $149.00 Included Included 7.07 Beacon Light ROPS $276.00 $192.00 Included 7.08 Placard Slow Moving Vehicle $32.00 $30.00 Included TOTALS:$84,209.00 $74,172.00 $91,827.62 FOR ALL DEPARTMENTS-BACKHOE LOADER - BID OPENING 8/28/20 @ 11:30 Border Equipment Low Country Machinery Flint Equipment Invitation to Re-Bid Sealed re-bids will be received at this office until Friday, August 28, 2020 @ 11:30 a.m. via ZOOM Meeting ID: 913 8283 9088 Password: 044414 for furnishing for: Re-Bid Item #20-186A Backhoe Loader Open Cab 4WD – Central Services Department – Fleet Maintenance Re-Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Re-Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August 14, 2020 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 23, 30, August 6, 13, 2020 Metro Courier July 23, 2020 Commission Meeting Agenda 11/4/2020 2:00 PM Augusta Commission's Rules of Procedures Department: Department: Caption:Discuss the Augusta Commission's Rules of Procedures. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM HCD _ McQueen Court Work Force Housing Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to amend two (2) construction contracts between HCD and J. Lovett Homes & Construction, LLC for workforce single family housing units located at 400 McQueen Court (lot #10) and 406 McQueen Court (lot #11). Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This request involves the first amendment of the contract’s construction costs for the development of two (2) single-family housing units within the Laney Walker/Bethlehem area identified as 400 McQueen Court (lot #10) and 406 McQueen Court (lot #11). Due to the increased costs of lumber resulting from the Covid-19 pandemic, the construction costs for the project has been altered. Analysis:The approval of the amended contract will allow for development activities on this site to begin. Financial Impact:Original contract amount: $141,999.11 New contract amount: $154,849.75 Amended contract amount: $12,850.64 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to amend two (2) construction contracts between HCD and J. Lovett Homes & Construction, Cover Memo LLC for workforce single family housing units located at 400 McQueen Court (lot #10) and 406 McQueen Court (lot #11). Funds are Available in the Following Accounts: HCD will utilize Laney Walker/Bethlehem Bond Financing funds towards the amended construction costs. - LWB Bond 298-07-7343-5212999 REVIEWED AND APPROVED BY: Cover Memo FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR Lot #10/ 400 McQueen Court This Second Amendment to the agreement executed by and between the Parties on October 1, 2020, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereafter referred to as the J. Lovett Homes, LLC). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett Homes, LLC to effectively administer its Laney Walker/Bethlehem Revitalization Project eligible activities; WHEREAS, J. Lovett Homes, LLC has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett Homes, LLC agree to amend said agreement as follows: (1) Article I., Section B. Use of Funds. Construction shall be revised to provide additional funding in the amount of $12,850.64 of Laney Walker/Bethlehem Bond Financing funds to support the construction of a single-family unit located at Lot No. 10, 400 McQueen Court. B. Use of Funds Laney Walker/Bethlehem Bond Financing funds shall be used by J. Lovett Homes, LLC. for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of Laney Walker/Bethlehem Bond Financing funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $154,849.75 in bond funds be expended by J. Lovett Homes, LLC to support the construction of an affordable, single-family housing units to be made Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 2 available for purchase by Laney Walker/Bethlehem Revitalization Project to eligible home buyers. Original contract states not to exceed $141,999.11 whereas amendment adds an additional $12,850.64 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes, LLC. shall be paid a total consideration of $154,849.75 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett Homes, LLC. 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 J. Lovett Homes, LLC. J. Lovett Homes, LLC shall adhere to the following budget in the performance of this contract: Total Project Activity Cost $154,849.75 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date 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 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 FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR Lot #11/ 406 McQueen Court This Second Amendment to the agreement executed by and between the Parties on October 1, 2020, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereafter referred to as the J. Lovett Homes, LLC). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett Homes, LLC to effectively administer its Laney Walker/Bethlehem Revitalization Project eligible activities; WHEREAS, J. Lovett Homes, LLC has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. Lovett Homes, LLC agree to amend said agreement as follows: (1) Article I., Section B. Use of Funds. Construction shall be revised to provide additional funding in the amount of $12,850.64 of Laney Walker/Bethlehem Bond Financing funds to support the construction of a single-family unit located at Lot No. 11, 406 McQueen Court. B. Use of Funds Laney Walker/Bethlehem Bond Financing funds shall be used by J. Lovett Homes, LLC. for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of Laney Walker/Bethlehem Bond Financing funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: b. Construction An amount not to exceed $ 141,999.11 in bond funds be expended by J. Lovett Homes, LLC to support the construction of an affordable, single-family housing units to be made Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 2 available for purchase by Laney Walker/Bethlehem Revitalization Project to eligible home buyers. Original contract states not to exceed $141,999.11 whereas amendment adds an additional $12,850.64 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett Homes, LLC shall be paid a total consideration of $154,849.75 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett Homes, LLC. 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 J. Lovett Homes, LLC. J. Lovett Homes, LLC shall adhere to the following budget in the performance of this contract: Total Project Activity Cost $154,849.75 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Housing and Community Development Laney Walker/Bethlehem Revitalization Project Agreement Amendment J. Lovett Homes & Construction, LLC- Lot No. 10 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ J. Lovett Homes & Construction, LLC Date 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 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 Commission Meeting Agenda 11/4/2020 2:00 PM HCD_ 1229 Perry Avenue 2nd Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to Collaborative Development Corporation, Inc. for 1229 Perry Avenue. Background:On July 25, 2018, the Augusta, Georgia Commission approved Housing and Community Development’s request to provide HOME funds to Collaborative Development Corporation, Inc. to construct one (1) single-family unit at 1229 Perry Avenue. Due to unforeseen a costs, predevelopment issues and COVID-19, this project has been delayed. Since the original contract was issued, construction cost and cost of lumber has increased therefore, an additional $ 42,507.22 is needed to complete the construction of the unit. On July 25, 2018, the Augusta, Georgia Commission approved Housing and Community Development’s request to provide HOME funds to Collaborative Development Corporation, Inc. to construct one (1) single-family unit at 1229 Perry Avenue. Due to unforeseen a costs, predevelopment issues and COVID-19, this project has been delayed. Since the original contract was issued, construction cost and cost of lumber has increased therefore, an additional $ 42,507.22 is needed to complete the construction of the unit. 1229 Perry Avenue - Additional Funding - $ 42,507.22 Analysis:The approval of this item will allow the Collaborative Development Corporation, Inc to complete the construction of 1229 Perry Avenue to be sold to an eligible low-to-moderate income homebuyer. This will be the final single-family unit of five constructed by the Collaborative Development Corporation, Inc. on Perry Avenue. All units have approved homebuyers. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from Housing and Cover Memo Urban Development in the amount of $ 42,507.22 to assist in completing the construction of one (1) single-family new construction units. Alternatives:Do not approve additional funds. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to Collaborative Development Corporation, Inc. for 1229 Perry Avenue. 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 SECOND AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & COMMUNITY DEVELOPMENT COLLABORATIVE, LLC FOR HOME INVESTMENT PARTNERSHIPS PROGRAM 1229 Perry Avenue This Second Amendment to the agreement executed by and between the Parties on ____ day of _____ 2020, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and THE COMMUNITY DEVELOPMENT COLLABORATIVE, LLC. (hereinafter referred to as the “Collaborative”). WHEREAS, AUGUSTA desires to amend the original agreement to allow the Collaborative to effectively administer its HOME eligible affordable housing development activities; WHEREAS, the Collaborative has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and Collaborative agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 42,507.22 of HOME funding to support the construction of a single family unit located at 1229 Perry Avenue to be sold to a low-to-moderate income homebuyer. B. Use of Funds HOME Program funds shall be used by the Collaborative 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: b. Construction An amount not to exceed $ 192,507.22 in a grant shall be expended by the Collaborative to support the construction of an affordable single-family unit to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment The Collaborative- 1229 Perry Avenue 2 Original contract states not to exceed $ 150,000.00 whereas amendment adds an additional $ 42,507.22 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations Collaborative shall be paid a total consideration of $192,507.22 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Collaborative. 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 Collaborative. The Collaborative shall adhere to the following budget in the performance of this contract: Construction $ 164,319.63 Acquisition $ 23,187.59 Management $ 5,000.00 _______________________________________________ Total Project Activity Cost $ 192,507.22 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment The Collaborative- 1229 Perry Avenue 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ The Community Development Collaborative, LLC Date 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 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 Commission Meeting Agenda 11/4/2020 2:00 PM HCD_ Down Payment Assistance request (1) 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 homebuyer 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 applicant application awaiting approval to move forward with the process of becoming a homeowner is: 1. 2403 Ruby Drive, 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 a closing and the applicant will soon be on their way to homeownership in Augusta – Richmond County. Analysis:The approval of the application will enable an 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 Housing and Urban Development Department (HUD) on an annual basis. This approval would be for the amount of $5,000.00 given in the form of a second mortgage (forgiven upon the fifth year after closing date), and shown as a second lien against said property until forgiven. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to assist one (1) low to moderate-income homebuyer with down-payment assistance to purchase a home. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a) HOME Investment Partnership Grant (HOME) funds: 221073212/5225110 REVIEWED AND APPROVED BY: Cover Memo HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of _ ___________, 2020 by and between _____________________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick Street, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #_________________ and _________________________________________. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of ($_________________________________), 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- 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 $___________. 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 HOME Program – Homebuyer Written Agreement Page 3 of 5 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. 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 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 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 11/4/2020 2:00 PM HCD_ Emergency Rehabilitation Program Approval Request Department:HCD Department:HCD Caption:Motion to approve eleven (11) Emergency Rehabilitation projects. Background:The Homeowner-Occupied Emergency Rehabilitation Programs provide a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for lower income individuals. The program functions through two major components: · Home Owner occupied Rehabilitation – Full rehab to include rehabbing of floors, bathrooms, counter tops, cabinets, etc… • Emergency Rehab – Code items program to include only one of the following: roofing, HVAC, electrical or plumbing. The Homeowner Emergency Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner-occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide eleven (11) homeowners with funding for the following addresses: 1. Contractor: Royal Construction Project Address: 2004 Grand Blvd, Augusta, GA 30901 Amount: $ 7,574.00 2. Contractor: Funes Construction Project Address: 845 Sibley Street, Augusta, GA 30901 Amount: $ 15,700.00 3. Contractor: Funes Construction Project Address: 1205 Fuller Street, Augusta, GA 30901 Amount: $ 8,100.00 4. Contractor: Funes Construction Project Address: 2854 Glenn Hills Circle, Augusta, GA 30906 Amount: $ 8,105.00 5. Contractor: Curry Home Improvement Project Address: 2348 Fieldcrest Road, GA 30906 Amount: $ 4,600.00 6. Contractor: Blount’s Complete Home Project Address: 1306 Wallace Street, Augusta, GA Cover Memo 30901 Amount: $ 5,800.00 7. Contractor: Kitching’s Restoration Project Address: 2836 Royal Street, Augusta, GA 30909 Amount: $ 4,475.00 8. Contractor: Johnny’s Heating & Air Project Address: 3001 Erick Court, Augusta, GA 30906 Amount: $ 4,400.00 9. Contractor: Johnny’s Heating & Air Project Address: 2343 Shilo Street, Augusta, GA 30906 Amount: $ 3,675.00 10. Contractor: Johnny’s Heating & Air Project Address: 4123 South Sylvania Court, Hephzibah, GA 30815 Amount: $ 4,400.00 11. Contractor: Johnny’s Heating & Air Project Address: 2251 Travis Road, Augusta, GA 30906 Amount: $ 3,675.00 Analysis:The approval of this request will allow eleven (11) homeowners to afford compliant decent and safe housing. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested - $70,504.00. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve eleven (11) Emergency Rehabilitation projects. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a) CDBG - 221073211 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM HCD_ HOME Funding Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to enter into a contractual agreement with Wesley Estates to construct six (6) single-family rental units. Background:Housing and Community Development Department have received a proposal from Wesley Estates to construct six (6) affordable single family units to be rented to low-to-moderate income individuals. The proposal has been reviewed and HCD has communicated with both the owner and the financial institution in regards to the construction process and loan structure. Queensborough National Bank has provided a conditional approval letter contingent upon approval from HCD and the Augusta GA Commission. Queensborough National Bank will be in first lien position providing $ 217,227 for 50% of the construction cost. HCD is requesting approval to provide 50% of total construction cost in the form of a grant/loan combination ($67,227 in the form of a grant and $150,000 in the form of a zero (0%) percent interest loan amortized over 20 years). Analysis:The approval of funding will allow Wesley Estates to construct six affordable single-family rental units to be rented to low-to- moderate income residents in Richmond County. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from Housing and Urban Development in the amount of $217,227 to assist in the construction cost of six (6) single-family units to be used as rental. Alternatives:Do not approve funding to Wesley Estates. Cover Memo Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to enter into a contractual agreement with Wesley Estates to construct six affordable single-family rental units. 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 WESLEY ESTATES, LLC. In the amount of $ 217,227.00 Two Hundred Seventeen Thousand Two Hundred Twenty-Seven Dollars & 00/100 For Fiscal Year 2019 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “Pineview Rental” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2020 (“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 “HCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Wesley Estates, LLC, a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Wesley Estates”) 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, Wesley Estates will be involved in HOME eligible activities; and WHEREAS, Augusta wishes to increase rental opportunities and preserve and increase the supply of affordable housing for HOME Program eligible low and moderate income families through eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County Consolidated Plan 2015-2019; and the Year 2019 Annual Action Plan; and Augusta Housing and Community Development Department Page 2 WHEREAS, Augusta wishes to enter into a contractual agreement with Wesley Estates 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, Wesley Estates has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Wesley Estates has requested and Augusta has approved a total of $217,227.00 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 Wesley Estates agrees to utilize approved HOME funds to support project related costs associated with property located at 2506 Pineview Drive, six (6) single family housing unit to be used as rental. This project is an affordable housing effort which involves development and construction of six (6) new single family units. Under this agreement: i. Perform new construction services for six (6) single family units. Project will consist of (6) two bedrooms units. 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. Evidence of approved Zoning/Site Plan/Plat, etc. Augusta Housing and Community Development Department Page 3 4. Evidence that units are occupied by low to very low-income end users and rental guidelines are followed and appropriated documentation is retained for review. B. Use of Funds HOME Program funds shall be used by Wesley Estates 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 $ 217,227.00 in a loan/grant shall be expended by Wesley Estates from Year 2019 HOME Program funds for construction costs related to the development of six (6) single family units in the Deansbridge Community. The design and specifications must be approved by HCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. These units will be constructed by Wesley Estates and rented to eligible low and very low income persons. The address for this project is: i. 2506 Pineview Drive, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Wesley Estates shall conduct project development activities and related services in its project area (off Deansbridge Road) that incorporates the following boundaries: Deansbridge Road 1 on the North and West, Bobby Jones Expressway on the South and Lumpkin Road on the East and its designated geographic boundaries approved by HCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Wesley Estates will be in compliance with 24 CFR Part 92. The project has been underwritten and reviewed in accordance with underwriting standards and criteria of Augusta and the amount of subsidy provided is appropriate. Notwithstanding any other provisions of this contract, Wesley Estates shall provide activities and services as described in the description of the project, including use of funds, its Augusta Housing and Community Development Department Page 4 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 Wesley Estates 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. Wesley Estates will carry out this project with implementation oversight provided by HCD. Wesley Estates agrees to perform the required services under the general coordination of HCD. In addition, and upon approval by Augusta, Wesley Estates, 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: $217,227.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Wesley Estates 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, Wesley Estates 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 specific line item names that relate to the contract budget found in Appendix A. b. HCD will monitor the progress of the project and Wesley Estates 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 HCD. 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. Augusta Housing and Community Development Department Page 5 f. This Agreement is based upon the availability of HOME Program funds. Funds may be requested on a n as needed basis but not more than once a week. Initial: ________ B. Project Financing HCD will fund fifty percent (50%) of the total construction costs of this single project and seeks to provide Wesley Estates with the necessary HOME Agreement. All 6 units within this project are HOME assisted units. a. This agreement will consist of a loan in the amount of $150,000.00 and grant in the amount of $ 67,227.00. b. Wesley Estates agrees to repay (to HCD) $150,000.00 at $7,500 a year/$625 monthly. c. Payments are to be made monthly (beginning six months after receipt of the Certificate of Occupancy) and are due by the 5th of each month and continuous until maturity. At the end of the twenty (20) year term, all principal and interest shall be due. Initial: ________ C. Timetable for Completion of Project Activities Wesley Estates 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, Wesley Estates 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. Wesley Estates shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of HCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ Augusta Housing and Community Development Department Page 6 D. Project Budget: Limitations 1. Wesley Estates shall be paid a total consideration of $ 217,227.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Wesley Estates. 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 Wesley Estates. 2. Wesley Estates shall adhere to the following budget in the performance of this contract: Construction $ 150,000.00 Loan 67,227.00 Grant TOTAL HOME PROJECT COST: $ 217,227.00 Initial: ________ 3. The per-unit subsidy requirements are described in the HOME regulations at 24 CFR 92.250. The minimum HOME investment in rental housing is $1,000 times the number of HOME-assisted units as described in the HOME regulations at 24 CFR 92.205©. The maximum per unit subsidy for this project is listed below: Bedrooms Section 234 Basic Limit HCP HOME Maximum Per Subsidy Limit 2 80,976 240% 194,342.40 ARTICLE III. - QUALIFICATION AS AFFORDABLE HOUSING – RENTAL [24 CFR 92.252] The HOME-assisted units in a rental housing project must be occupied only by households that are eligible as low-income families and must meet the following requirements to qualify as affordable housing. The affordability requirements also apply to the HOME-assisted non-owner-occupied units in single family rental housing purchased with HOME funds in accordance with 92.252. a. Rent limitation. HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lessor of: 1. The fair market rent of existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or 2. A rent that does not exceed 30 percent of the adjust income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions. Augusta Housing and Community Development Department Page 7 3. PJ must approve the property’s rent structure at project lease-up, and must approve all rent increases during the affordability period. Any changes in rents for occupied units are subject to terms of the tenant’s lease. b. Additional Rent Limitation: In rental projects with five or more HOME-assisted rental units, twenty (20) percent of the HOME-assisted units must be occupied by very low income families. c. Income Limits: HUD requires that every HOME-assisted rental unit be occupied by a household that is a low-income. This project requires that at least 20 percent of the units be occupied by households that are very low-income. 1. The maximum amount of annual gross income that a household may earn to qualify for a HOME-assisted unit is called the income limit. Income limits are issued by HUD for low income households and very low income households on an annual basis. HCD will provide the updated limits to Wesley Estates annually. 2. The HOME income targeting requirements requires for initial occupancy and for properties with more than five units: a. Initial Occupancy: For each annual HOME allocation, at initial project lease up at least 90 percent of the households assisted through the rental- housing program must have incomes at or below 60 percent of area median income. The remaining units must have incomes that do not exceed 80 percent of the area median income. b. Properties with Five or More HOME-Assisted Units: For rental properties with five or more HOME-assisted units, HOME require deeper income targeting to serve needier residents. At least 20 percent of the HOME assisted rental units be occupied by families who have annual gross incomes at or below 50 percent of area median income. These units must be rented at no more than the LOW HOME Rents. The remaining units can be rented at no more than the HIGH HOME Rents. 3. Income Certification: Wesley Estates will utilize the web based income calculator tool to determine whether a family’s anticipated annual gross income is below the applicable HOME income limit. The tool is available on HUD’s HOME Program web page at: http://www.jud.gov/offices/cpd/affordablehousing/training/calculator/calculator.c fm in combination with the Internal Revenue Service (IRS) definition of adjusted gross income as defined for reporting on the IRS Form 1040. 4. Tenant Income-Eligibility Recertification: Each tenant household’s income must be examine every year during the affordability period to determine if the household continues to be income-eligible to occupy its HOME-assisted unit. Source documentation must be used to verify the income initially and every sixth year during. a. Once the tenant household’s anticipated annual gross income is recertified, a comparison with the recent HOME income limits for the type of unite the household occupies will be made. If the tenant’s income has increased above the HOME income limits the property will be temporarily out of compliance. The household rent will be adjusted as soon as permissible by the lease agreement. The over-income tenant must pay the lesser of: i. The rent amount payable under state or local law; ii. 30 percent of the tenant’s monthly adjusted family income Augusta Housing and Community Development Department Page 8 d. The HOME Program does set affordability periods based on the amount of HOME funds provided as the HOME rules require assisted properties to remain affordable for a specific period of time, depending on the level of HOME funds invested. e. Therefore, as a recipient of the HOME Program, you must comply with the HOME Program’s period of affordability. The affordability for this project is twenty (20) years. The 20 year affordability period begins the day of final Certificate of Occupancy and/or filing of Deed Restrictions. During the 20-year affordability period, you must ensure that the units remain affordable. f. HCDD is required to place certain restrictions on assisted rental properties in order to help preserve affordable housing in our communities through a deed restriction filed in Superior Court of Richmond County 24 CFR 92.252(e)(1)(ii). At which time designated as the conclusion of the full twenty-year period. g. All funding is being provided at a 0% non-amortizing loan to remain as a lien against the property for no less than twenty (20) years as a guarantee of tenant affordability and assurance of HUD regulations under 92.252. At which time designated as the conclusion of the full twenty-year period. h. Project Requirements 1. A written lease of at least 1 year is required and must be approved by Augusta. Lease is to comply with State and local tenant-landlord laws. 2. Prohibited lease terms: Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord. a) Confession of Judgment. Consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the landlord in a lawsuit brought in connection with the Lease. b) Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant's property, or may sell such property without notice to the Tenant and a court decision on the rights of the parties. c) Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord's agent legally responsible for any action or failure to act, whether intentional or negligent. d) Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. e) Waiver of Court Proceedings for Eviction. Agreement by the Tenant that the Landlord may evict the Tenant Family (i) without instituting a civil court proceedings in which the Family has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties. f) Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right to a trial by jury. g) Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant's right to appeal a court decision or waive the Tenant's right to sue to prevent a judgment from being put into effect. h) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the Lawsuit. Agreement by the Tenant to pay lawyer's fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins. 3. Termination of tenancy requires 30 days’ notice and for good cause. 4. Must provide a thirty day written notice before implementing rent increases. 5. Management company is to provide tenant selection criteria, including notice of reasons for rejection, to be approved by Augusta. 6. Mandatory fees for services for people with special needs are prohibited and any optional fees must be approved by Augusta. Augusta Housing and Community Development Department Page 9 ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Wesley Estates (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II. C, or in accordance with Article X: 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 Wesley Estates or any subcontractor hereunder. All payments to Wesley Estates by Augusta will be made on a per performance request through the AIA Document. B. Wesley Estates shall maintain a separate account and accounting process for HOME funding sources. C. Wesley Estates shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Subject to Wesley Estates compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. 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. F. Requests by Wesley Estates for payment shall be accompanied by proper documentation and shall be submitted to HCD, 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 HCD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. G. Wesley Estates shall maintain an adequate financial system and internal fiscal controls H. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Wesley Estates. Initial: ________ Augusta Housing and Community Development Department Page 10 ARTICLE VIII ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest Wesley Estates agrees to comply with the conflict of interest provisions contained in 24 CFR 92.356 (f) as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Wesley Estates. No person described above who exercises, may exercise or has exercised any functions or 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 with 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 Contract. The Wesley Estates 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 Contract. B. Augusta may, from time to time, request changes to the scope of this contract and obligations to be performed hereunder by The Wesley Estates. In such instances, Wesley Estates shall consult with HCD/Augusta on any changes that will result in substantive changes to this Contract. All such changes shall be made via written amendments to this Contract and shall be approved by the governing bodies of both Augusta and Wesley Estates. C. Statutes, regulations, guidelines and forms referenced throughout this Contract are listed in Appendix A and are attached and included as part in parcel to this Contract. ARTICLE IX. OTHER REQUIREMENTS A. Fair Housing Wesley Estates agrees that it will conduct and administer HOME 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 Wesley Estates publications and/or advertisements. (24 CFR 570.601). Non-Discrimination and Accessibility Wesley Estates 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. Reasonable accommodations will be offered to all disabled persons who request accommodations due to disability at any time during the application, resident selection and rent up process. Augusta Housing and Community Development Department Page 11 Enforcement Provisions 1. HCD will conduct yearly on-site inspections of assisted units to verify they are maintained in standard condition and meet applicable housing quality standards to include ongoing maintenance requirements. 2. Breach of Agreement or default: Breach occurs when a party to a contract fails to fulfill his or her obligation as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform his or her obligation under the contract. Any obligations by either party not being upheld by said agreement will constitute as noncompliance and result in termination of agreement. HCD will notify Wesley Estates if the agreement is in default or has been breached in any manner. 3. Repayment of HOME Funds: If property does not comply with 24 CFR 92.252 funding will be paid back with nonfederal funds. D. Labor Standards 1. General: Wesley Estates agrees that in instances in which there is construction work over $2,000 financed in whole or in part with HOME funds under this Contract, Wesley Estates will adhere to the Davis-Bacon Act (40 USC 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 USC 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 92.354) 2. Labor Matters: 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. (24 CFR 92.354) E. Environmental Standards Wesley Estates agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD 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 pursuant to (24 CFR 92.352). F. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), Wesley Estates agrees that HOME 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. Augusta Housing and Community Development Department Page 12 G. Displacement and Relocation Wesley Estates agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities assisted with HOME 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 92.353). H. Non-Discrimination in Employment Wesley Estates 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. Wesley Estates will in all solicitations or advertisements for employees placed by or on behalf of Wesley Estates; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. Employment and Business Opportunities Wesley Estates agrees that low and moderate income persons residing within Augusta-Richmond County; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in or owned in substantial part by persons residing in Augusta- Richmond County - (24 CFR 570.697). J. Lead-Based Paint In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of the CDBG Regulations, Wesley Estates 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. K. Debarred, Suspended or Ineligible Contractor Wesley Estates agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by HCD. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, Wesley Estates 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. M. Publicity Any publicity generated by Wesley Estates for the project funded pursuant to this Contract, during the term of this Contract 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 Augusta Housing and Community Development Department Page 13 and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timely Expenditure of Funds In accordance with 24 CFR 85.43, if Wesley Estates fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Contract and invoke the suspension and termination provisions of ARTICLE X. For purposes of this Contract, timely expenditure of funds means Wesley Estates shall obligate and expend its funds as designated under ARTICLE II. (B). O. Compliance with Laws and Permits Wesley Estates shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. Wesley Estates agrees to obtain all necessary permits for intended improvements or activities. P. Assignment of Contract Wesley Estates shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. Q. Equal Employment Opportunity Wesley Estates 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 implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with 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. R. Affirmative Action Wesley Estates will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Wesley Estates will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or Wesley Estates social status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Wesley Estates 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. Wesley Estates agrees to make efforts to encourage the use of minority and women-owned business enterprises in connection with HOME supported activities. S. Affirmative Marketing Plan Wesley Estates and managing agent shall adopt the affirmative marketing procedures and requirements as specified in the HOME Final Rule 92.351 for Pineview Project. Augusta Housing and Community Development Department Page 14 T. Religious Influence Wesley Estates will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. Wesley Estates will not discriminate against any person applying for shelter on the basis of religion. Wesley Estates will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect Costs Indirect costs will only be paid if Wesley Estates has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. V. Travel If applicable, Wesley Estates 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 Construction Requirements - SEE APPENDIX C All housing units [rehabilitated, reconstructed or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.251 [the HOME Program Regulations]. The Property Standards at 24 CFR 92.251 require that the units receiving HOME Program funds must meet all local codes for new construction. In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All units assisted under this Contract is “new construction” by HOME Program definition and therefore must meet the local building codes for new housing in Augusta- Richmond County, as applicable. All units must meet applicable property standards upon project completion. ARTICLE X. SUSPENSION AND TERMINATION A. In the event Wesley Estates 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 I, Scope of Services, Augusta may withhold cash payments until Wesley Estates cures any breach of the contract. If Wesley Estates fails to cure the breach, Augusta may suspend or terminate the current award of HOME funds for The Pineview project. B. Notwithstanding the above, Wesley Estates shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this contract. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Wesley Estates for the purposes of set off until such time as the exact amount of damages is determined. C. In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act, the City of Augusta can terminate this contract if Wesley Estates breach this contract or violate any regulatory rules. The City of Augusta can terminate the contrite in 30 days and call the note due. Augusta Housing and Community Development Department Page 15 D. Notwithstanding any termination or suspension of this Contract, Wesley Estates shall not be relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOME 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 Augusta, GA 30911 With copies to: Augusta Housing and Community Development Department 510 Fenwick Street Augusta, GA 30901 Wesley Estates will receive all notices at the address indicated below: Wesley Estates, LLC 3610 Wheeler Branch Road Hephzibah, Georgia 30906 Whenever either party desires to give notice unto the other, such notice must be in writing, sent by ARTICLE XII. INDEMNIFICATION Wesley Estates 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 Contract. By execution of this agreement, Wesley Estates 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 Contract, or should the terms of this Contract 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 same. Augusta Housing and Community Development Department Page 16 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 Contract. ARTICLE XIII. INSURANCE AND BONDING Wesley Estates 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, Wesley Estates 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 Wesley Estates handling or charged with the responsibility for handling funds and property pursuant to this contract. Wesley Estate 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. Additionally, Wesley Estates 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 Wesley Estates 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 Wesley Estates beyond the term of this Contract. 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 Contract shall be deemed to be inserted herein and this Contract 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 Contract shall forthwith be amended to make such insertion. ARTICLE XVI. ANTI-LOBBYING To the best of the jurisdiction's knowledge and belief: 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Augusta Housing and Community Development Department Page 17 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 It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Augusta Housing and Community Development Department 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 (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: Wesley Estates______________ (Grantee) BY:_________________________ _______ Its: __________________________ Date ________________ _______ Plain Witness Date Augusta Housing and Community Development Department Page 19 APPENDIX A Statutes: 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 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 Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Forms: AIA Construction Document Contract and Subcontract Activity Report Monthly Report Quarterly Report Annual Report Augusta Housing and Community Development Department Page 20 APPENDIX B REPORTING REQUIREMENTS Wesley Estates shall submit to the Grantee the following reports for the term of this agreement and maintain applicable documentation for the full term of the affordability period. Augusta reserves the right to change reporting requirements, as needed as well as the right to review records and reports for the public, HUD, IG or any other interested party as deemed appropriate. 1. Monthly/Quarterly Progress & Financial Reports Due the 15th of the month for each new quarter. 2. Annual Progress Report (January 16th) each year until 2040 1. Audit/Financial Report by April 30th each year until 2040 2. Contract & Subcontract Activity Report Due with each Request for Payment 3. Rent and Occupancy Report due by June 30th each year until 2040 7. 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; Rental housing application, worker order requests, inspection reports, payment history, pest control log, violation report; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. 8. Wesley Estates shall establish and maintain an Affirmative Marketing file to hold advertisements, flyers and other public information. Must also keep records of its activities in implementing the affirmative marketing plan, including other community outreach efforts and its annual analysis. 9. Wesley Estates shall keep up-to-date records based on census data, applications, and surveys about community residents, applicants, residents of the project, and records about tenant selection or rejection. Augusta Housing and Community Development Department Page 21 APPENDIX C CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. 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). I. 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. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Eligible Contractors: Any contractor desiring to bid on HOME projects may apply for inclusion on the HCD Approved Contractor List. Applications will be processed and either approved or disapproved within 10 working days. Under no circumstances will barred, disapproved, or otherwise ineligible contractors be allowed to bid on federally funded projects. 3. 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 HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials use. 4. Change Orders: Change orders are a part of doing business in, but will be managed by written request to HCD for approval. No one can give a verbal change order on site. Documentation must be submitted and approved by Program Manager and Director of HCD. 5. Retainage for 10% of each draw will be withheld until all the work is complete. Augusta Housing and Community Development Department Page 22 6. Property Standards: 92.251(a)(1) requires new construction projects to meet State and local codes, ordinances, and zoning requirements.. In the absence of an applicable State or local code for new construction, HOME-assisted projects must meet the International Code Council’s (ICC’s) International Residential Code or International Building Code, whichever is applicable to the type of housing being developed. §92.251(a)(2) incorporates or specifies additional standards: · Accessibility requirements as applicable, in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act. These requirements are not new. · Disaster mitigation standards, in accordance with State and local requirements or as established by HUD, where they are needed to mitigate the risk of potential disasters (such as earthquakes, hurricanes, flooding, and wildfires). This is a new requirement. §92.251(a)(iv) and (v) adds requirements to improve project oversight for new construction. HCD must: · Review and approve written cost estimates, construction contracts, and construction documents. · Conduct construction progress and final inspections to ensure that work is done in accordance with the applicable codes, the construction contract, and construction documents. 7. Inspections. The project will be inspected and approved by an HCD Construction and Rehabilitation Inspector prior to release of the funds for that project. 8. HOME-assisted rental housing must meet the required property standards at the time of the project completion and must be maintained in accordance with applicable housing quality standards throughout the affordability period. Augusta Housing and Community Development Department Page 23 EXHIBIT “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the Housing and Community Development Department agrees to provide up to $217,227.00 in Year 2019 HOME Investment Partnerships Funds to Wesley Estates. These funds will support new construction with the production of approximately 6 affordable rental single family units. 2. HCD 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 Wesley Estates in accordance with the attached drawdown schedule and budget. 3. With HCD approval, Wesley Estates may use HOME funds under this contract for all the following purposes: a. To support development costs as outlined in Item 6 below. 4. 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, HCD may 1. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. 2. Assess liquidated damages of fifty dollars ($50.00) 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: 1. 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 or war, National Defense, or other National, State or City/County emergency. 2. To any acts of the Owner that hinder the progress of the work. 3. To causes not reasonable foreseeable by the parties to this contract at the time of 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; as of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; epidemics; quarantine restrictions; strikes; freight embargoes; and weather of unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and 4. 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 Augusta Housing and Community Development Department Page 24 10 days) notifies HCD in writing of the cause of the delay. If the fact show the delay to be properly excusable under the terms of this contract, HCD 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 identified on a project-by- project basis in EXHIBIT B. In no case will this amount exceed the maximum per unit amount as defined at 24 CFR 92.250. b. Wesley Estates 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. Wesley Estates must make sure contractor obtains and posts all permits on job site. Prior to releasing final payment on each unit, Wesley Estates must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspection. d. Wesley Estates must collect progress and final lien releases from the contractor, subcontractors and material suppliers prior to making a payment to a contractor. e. HCD may continually inspect each unit for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may elect to make up to five (5) payments per unit. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the unit is not being built or rehabilitated in accordance with plans and specifications, or if project is not on schedule. Augusta Housing and Community Development Department Page 25 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION WESLEY ESTATES MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT C - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS CONTRACT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. A SAMPLE SCHEDULE IS PROVIDED BELOW. Commission Meeting Agenda 11/4/2020 2:00 PM HCD_ Homebuyer Subsidy Program Request (3) Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist three (3) low-to-moderate income homebuyers with gap financing, down payment and closing cost to purchase homes through the Homebuyer Subsidy 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 The City of 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. Three applications awaiting approval to move forward with the process of becoming homeowners: 1. Homebuyer Subsidy - 1213 Perry Ave - Requesting: $25,000 Sales Price: $ 147,000.00 2. Homebuyer Subsidy - 1219 Perry Ave - Requesting: $25,000 Sales Price: $ 147,000.00 3. Homebuyer Subsidy - 1225 Perry Ave - Requesting: $25,000 Sales Price :$ 147,000.00 Applicants have a first mortgage loan from a lending institution but need the Subsidy to complete the process. Once approved, lenders will schedule closing and the applicants will then become new homeowners in Augusta, Georgia. Analysis:The approval of the applications will enable three individuals to become homeowners and “Make the American Dream a Cover Memo Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. 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 each totaling $75,000.00. 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 three (3) low-to-moderate income homebuyers with gap financing, down payment and closing cost to purchase homes through the Homebuyer Subsidy 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 Brenda Reese -1213 Perry Ave, Augusta, Georgia 30901 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, 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 #_059-1-049-00-0__ and 1213 Perry Ave, Augusta, Georgia 30901 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, Brenda Reese -1213 Perry Ave, Augusta, Georgia 30901 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 $151,000.00. 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. Brenda Reese -1213 Perry Ave, Augusta, Georgia 30901 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 Florence At. South by Wrightsboro Rd, East by Twelfth St and West by Thirteenth St. Parcel # 059-1-049-00-0. Property recorded as 1213 Perry Ave, Augusta, Georgia 30901 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 Brenda Reese -1213 Perry Ave, Augusta, Georgia 30901 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. Brenda Reese -1213 Perry Ave, Augusta, Georgia 30901 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 Jerry Bradley -1219 Perry Ave, Augusta Ga 30901 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, 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 #_059-1-047-00-0__ and 1219 Perry Ave, Augusta, Ga 30901 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, Jerry Bradley -1219 Perry Ave, Augusta Ga 30901 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 $147,000.00. 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. Jerry Bradley -1219 Perry Ave, Augusta Ga 30901 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 Florence At. South by Wrightsboro Rd, East by Twelfth St and West by Thirteenth St. Parcel # 059-1-047-00-0. Property recorded as 1219 Perry Ave, Augusta, Georgia 30901 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 Jerry Bradley -1219 Perry Ave, Augusta Ga 30901 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. Jerry Bradley -1219 Perry Ave, Augusta Ga 30901 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 Kantrese Collins -1225 Perry Ave, Augusta Ga 30901 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, 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 #_059-1-046-00-0 and 1225 Perry Ave, Augusta, Ga 30901 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, Kantrese Collins -1225 Perry Ave, Augusta Ga 30901 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 $151,000.00. 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. Kantrese Collins -1225 Perry Ave, Augusta Ga 30901 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 Florence St. South by Wrightsboro Rd, East by Twelfth St and West by Thirteenth St. Parcel # 059-1-046-00-0. Property recorded as 1225 Perry Ave, Augusta, Georgia 30901 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 Kantrese Collins -1225 Perry Ave, Augusta Ga 30901 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. Kantrese Collins -1225 Perry Ave, Augusta Ga 30901 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 11/4/2020 2:00 PM HCD_ LWB: McQueen Court Affordability Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to J. Lovett Homes and Construction, LLC for (3) three affordable housing units on McQueen Court. Background:On August 6, 2019, The Augusta, Georgia Commission approved Housing and Community Development’s request to provide HOME funds to J. Lovett Homes and Construction to construct three (3) single family units. Due to unforeseen predevelopment issues and COVID-19, project has been delayed. Since original contract was issued, cost of lumber has increased therefore an additional $ 12,850.64 is needed for each unit to complete construction for a total of $ 38,551.92. · 410 McQueen Court - Additional Funding - $ 12,850.64 · 414 McQueen Court – Additional Funding - $ 12,850.64 · 418 McQueen Court – Additional Funding - $ 12,850.64 Analysis:The approval of this item will allow J. Lovett Homes and Construction, LLC to complete the construction of three (3) affordable single-family new construction units to be sold to eligible low to moderate-income homebuyers in Augusta, Georgia. 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 $ 38,551.92 to assist in completing the construction of three (3) single-family new construction units. Alternatives:Do not approve additional funds. Recommendation: Cover Memo Motion to approve Housing and Community Development Department’s (HCD's) request to provide additional HOME funds to J. Lovett Homes and Construction, LLC for (3) three affordable housing units on McQueen Court. 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 SECOND AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR 2019 HOME INVESTMENT PARTNERSHIPS PROGRAM 410 McQueen Court This Second Amendment to the agreement executed by and between the Parties on October 28, 2019, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereinafter referred to as the “J. Lovett”). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett to effectively administer its HOME eligible affordable housing development activities; WHEREAS, J. Lovett has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. LOVETT agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 12,850.64 of HOME funding to support the construction of a single family unit located at 410 McQueen Court. B. Use of Funds HOME Program funds shall be used by J. Lovett 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: b. Construction An amount not to exceed $ 154,849.83 in a grant shall be expended by J. Lovett to support the construction of an affordable single-family housing units to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction, LLC - 410 McQueen Court 2 Original contract and first amendment states not to exceed $ 141,999.19 whereas amendment adds an additional $ 12,850.64 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett shall be paid a total consideration of $154,849.83 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett. 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 J. Lovett. J. Lovett shall adhere to the following budget in the performance of this contract: Construction $ 154,849.83 Total Project Activity Cost $ 154,849.83 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction, LLC - 410 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. ________________________________ _________ J. Lovett Homes & Construction, LLC. Date 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 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 SECOND AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR 2019 HOME INVESTMENT PARTNERSHIPS PROGRAM 414 McQueen Court This Second Amendment to the agreement executed by and between the Parties on October 28, 2019, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereinafter referred to as the “J. Lovett”). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett to effectively administer its HOME eligible affordable housing development activities; WHEREAS, J. Lovett has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. LOVETT agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 12,850.64 of HOME funding to support the construction of a single family unit located at 414 McQueen Court. B. Use of Funds HOME Program funds shall be used by J. Lovett 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: b. Construction An amount not to exceed $ 154,849.83 in a grant shall be expended by J. Lovett to support the construction of an affordable single-family housing units to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction, LLC - 414 McQueen Court 2 Original contract and first amendment states not to exceed $ 141,999.19 whereas amendment adds an additional $ 12,850.64 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett shall be paid a total consideration of $154,849.83 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett. 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 J. Lovett. J. Lovett shall adhere to the following budget in the performance of this contract: Construction $ 154,849.83 Total Project Activity Cost $ 154,849.83 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction, LLC - 414 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. ________________________________ _________ J. Lovett Homes & Construction, LLC. Date 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 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 SECOND AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & J. LOVETT HOMES & CONSTRUCTION, LLC. FOR 2019 HOME INVESTMENT PARTNERSHIPS PROGRAM 418 McQueen Court This Second Amendment to the agreement executed by and between the Parties on October 28, 2019, is made and entered into on the _____ day of _____________, 2020, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and J. LOVETT HOMES & CONSTRUCTION, LLC. (hereinafter referred to as the “J. Lovett”). WHEREAS, AUGUSTA desires to amend the original agreement to allow J. Lovett to effectively administer its HOME eligible affordable housing development activities; WHEREAS, J. Lovett has determined that this Amendment is in its best interest and has agreed to the said Amendment; NOW THEREFORE, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound, AUGUSTA and J. LOVETT agree to amend said agreement as follows: (1) Article I Section B . Use of Funds. Construction shall be revised to provide additional funding in the amount of $ 12,850.64 of HOME funding to support the construction of a single family unit located at 418 McQueen Court. B. Use of Funds HOME Program funds shall be used by J. Lovett 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: b. Construction An amount not to exceed $ 154,849.83 in a grant shall be expended by J. Lovett to support the construction of an affordable single-family housing units to be made available for purchase by HOME program eligible low and moderate home buyers. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction, LLC - 418 McQueen Court 2 Original contract and first amendment states not to exceed $ 141,999.19 whereas amendment adds an additional $ 12,850.64 to support construction cost. Article II Section D shall be revised to show the additional funding with the following: D. Project Budget: Limitations J. Lovett shall be paid a total consideration of $154,849.83 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of J. Lovett. 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 J. Lovett. J. Lovett shall adhere to the following budget in the performance of this contract: Construction $ 154,849.83 Total Project Activity Cost $ 154,849.83 Except for the modifications made by this Amendment, the terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Augusta Housing and Community Development HOME Investment Partnership Program Agreement Amendment J. Lovett Homes & Construction, LLC - 418 McQueen Court 3 IN WITNESS WHEREOF, the undersigned have set as of the date first written above. ________________________________ _________ J. Lovett Homes & Construction, LLC. Date 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 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 Commission Meeting Agenda 11/4/2020 2:00 PM HCD_ Wells Fargo Agreement Amendment Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD’s) request to execute the Wells Fargo amendment specific to the transfer of delinquent loans. Background:Beginning in 2009, Wells Fargo has been the loan servicing provider for all Housing Rehabilitation and Down Payment Assistance loans apart of HCD’s Housing Rehabilitation and Down Payment Assistance Program. On January 8, 2019, the Augusta Commission approved a.) Termination/Transfer Agreement Letter, b.) payment for unpaid loan servicing fees, c.) Wells Fargo Loan Servicing procedures and d.) authorized HCD to service terminated loans in-house. This amendment amends and restates the original agreement between Wells Fargo and Augusta, GA for the termination, without cause, of Wells Fargo as servicer and release of the rights to service certain loans. Also, as part of this agreement, and upon acceptance of released delinquent loan accounts, HCD will move forward with our Commission approved Loan Servicing Procedural process which has proven to be effective. Analysis:The approval will allow HCD to assure the reformation of delinquent loans. This request does not constitute the transfer of funds in any way. Financial Impact:The Commission’s 2019 approval of the internal loan servicing process has enabled HCD to revise loan terms and be in receipt of $20,000 in reinstituted repayments. Alternatives:Do not approve HCD's request to transfer delinquent loans. Recommendation:Cover Memo Motion to approve Housing and Community Development Department’s (HCD’s) request to execute the Wells Fargo amendment specific to the transfer of delinquent loans. Funds are Available in the Following Accounts: N/A - This request does not constitute the transfer of funds in any way. REVIEWED AND APPROVED BY: Cover Memo [xxx], 2020 Wells Fargo Bank, N.A. 1 Home Campus Des Moines, IA 50328-0001 MAC F2301-043 Attention: Jacalyn Priestley Re: First Amended and Restated Agreement for Servicing Termination and Transfer The City of Augusta, Housing & Community Development Department (“Owner”) is the owner of a portfolio of mortgage loans and Wells Fargo Bank, N.A. (“Wells Fargo”) is the servicer of the mortgage loans and owner of the Mortgage Servicing Rights (defined below). Wells Fargo and Owner may be referred to together as the “Parties”. This First Amended and Restated letter agreement (this “Agreement”) amends and restates the original letter agreement entered into between Wells Fargo and Owner dated as of February 1, 2019, for the termination, without cause, of Wells Fargo as servicer and release of the rights to service certain mortgage loans to the Owner. Such mortgage loans will be identified in a termination and transfer advice (the “Transfer Advice”). The mortgage loans to be released are referred to herein as the “Mortgage Loans” and such rights to service the Mortgage Loans, are referred to as the “Mortgage Servicing Rights”. Certain of the Mortgage Loans are one hundred twenty (120) days or more delinquent. ADVANCES AND UNPAID SERVICING FEES The Owner agrees that Wells Fargo will invoice Owner for all of the outstanding escrow and corporate advances related to the Mortgage Loans as of an agreed upon servicing cut-off date, (the “Servicing Cut-off Date”). Such invoice will be provided to [ ]. Upon receipt of payment of the invoiced outstanding escrow and corporate advances, the Parties will mutually agree upon a date of transfer (the “Servicing Transfer Date”) pursuant to instructions (the “Transfer Instructions”), attached hereto as Exhibit A. The Owner shall be responsible for payment of any escrow advances and corporate advances incurred between the Servicing Cut-off Date and the Servicing Transfer Date. Wells Fargo will invoice Owner for all trailing escrow advances and corporate advances after the Servicing Transfer Date and the Owner agrees to promptly reimburse Wells Fargo for all such trailing escrow advances and corporate advances. The Owner shall not be responsible for payment of unpaid servicing fees, provided that all escrow and corporate advances are reimbursed to Wells Fargo. Owner will promptly make payment for amounts due and owning above by check made payable to Wells Fargo Bank, N.A., and send via over-night delivery to the following address: Well Fargo Bank 1 Home Campus Des Moines, IA 50328-001 MAC F2301-041 Attention: Tony Longren and Roni Austin Phone: 515-398-4969 TRANSFER ADVICE Wells Fargo will provide a Transfer Advice, on Wells Fargo letterhead, that will include the transfer date, the loan number and the balance of the loan as of the Servicing Transfer Date. LOSS MITIGATION Owner has directed Wells Fargo to refrain from offering any and all loss mitigation relating to the Mortgage Loans. Therefore, there is no pending or completed loss mitigation to disclose to the Owner, and no requirement for Wells Fargo or the Owner to undertake any activities required to otherwise comply with Regulation X, including but not limited to Section 1024 thereof. SERVICING CUT-OFF Wells Fargo will cease accepting payment for the Mortgage Loans on the Servicing Transfer Date. Any payment received by Wells Fargo thereafter shall be promptly forwarded to the Owner up to sixty (60) days following the Servicing Transfer Date and thereafter returned to borrower with instructions to direct payment to the Owner. TRANSFER Wells Fargo shall agree with the Owner to enter into the Transfer Instructions on terms sufficient to properly transfer the Mortgage Servicing Rights and related servicing data and files from Wells Fargo to the Owner such that Wells Fargo and Owner satisfy any and all regulatory requirements relating to such transfer, including but not limited to any requirements under the Real Estate Settlement Procedures Act and its corresponding Regulation X, 12 C.F.R. §1024.33. Wells Fargo and the Owner shall each provide to all applicable borrowers their respective notice of transfers for any assignment, sale, or transfer of the servicing of the mortgage loan that contains the information described in paragraph (b)(4) of section 1024.33. The Transfer Instructions shall also contain customary provisions relating to confidentially and data privacy in connection with the Mortgage Servicing Rights and any and all data and files relating thereto. Owner shall hold Wells Fargo harmless for any servicing errors / liability caused by the Owner not resulting from any breach by Wells Fargo under the terms of this Agreement or any related servicing agreement or guide. Wells Fargo shall hold Owner harmless for any servicing errors / liability caused by Wells Fargo, in its capacity as servicer, prior to the Servicing Transfer Date. Upon completion of the transfer of the Mortgage Servicing Rights, including delivery of all relevant data and files relating thereto, Wells Fargo and Owner shall cooperate to ensure that all data and files relating to the Mortgage Loans have been transferred to the Owner. From and after the Servicing Transfer Date, the Owner will cooperate with Wells Fargo’s requests for data and information as deemed necessary by Wells Fargo to comply with any inquiries or reporting requests by Wells Fargo’s regulators or any governmental authority, and with Wells Fargo’s requests for data and information, as deemed necessary by Wells Fargo to evaluate and ensure compliance with applicable laws and regulations (including but not limited to Regulation X). In addition to the foregoing, Wells Fargo may request and the Owner agrees to provide the following concerning the Mortgage Loan: · A copy of any customer complaints identifying Wells Fargo, identifying the servicing period in which Wells Fargo was the servicer of the Mortgage Loan subject to the complaint or referring to the transfer of the Mortgage Loan as a result of this transaction. Owner or New Servicer and Wells Fargo will cooperate and jointly respond to such complaints within the required regulatory timeframes. · At the time of transfer of the Mortgage Loans, Owner or New Servicer will provide a portfolio balancing report to Wells Fargo to validate that Owner has completed the boarding of the Mortgage Loans. In addition, after the Mortgage Loans have been transferred, a reconciliation report will be provided to Wells Fargo to validate that Owner has completed the transfer of the Mortgage Loans utilizing the same statuses that the Mortgage Loans had when released by Wells Fargo to Owner. OTHER Notwithstanding anything to the contrary otherwise set forth in this Agreement, no Party shall have any liability for losses under this Agreement, unless such Party receives notice of claim for indemnification on or before the date, that is six (6) months after the Servicing Transfer Date. This Agreement shall be construed under the laws of the State of Georgia. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. The Parties agree that this Agreement and signature pages thereof may be transmitted between them by facsimile or electronically (in pdf format) and that such signatures may constitute original signatures and that such signature page containing the signature of an authorized individual (faxed, electronically or original) is binding on the respective Parties. Please acknowledge Wells Fargo’s understanding and agreement to the terms of this letter by executing the duplicate original of this letter and returning the same to: Wells Fargo Bank, N.A., 1 Home Campus, Des Moines, IA 50328-0001, Attention: Jacalyn Priestley, MAC #F2301-043. Very Truly Yours, City of Augusta Housing & Community Development Department _____________________________ Name: Title: Accepted and Agreed: Wells Fargo Bank, N.A. By: __________________________ Name: __________________________ Title: __________________________ Exhibit A Commission Meeting Agenda 11/4/2020 2:00 PM HCD__ Substantial Amendment Request – CDBG and HOPWA Department:HCD Department:HCD Caption:Motion to approve submission by Housing and Community Development Department (HCD) of a Substantial Amendment Request for the Reallocation of $699,920.68 in CDBG funds and $193,000.00 in HOPWA funds to the FY2019 Annual Action Plan, as required by the City of Augusta’s HUD-approved Citizen Participation Plan. Background:Each year 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 allocations 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. Because certain projects have unused funds, it has become necessary to reprogram these funds to facilitate their timely expenditure in accordance with HUD’s Timeliness Standard for CDBG funds. HCD is proposing that CDBG funds be reprogrammed FROM the following approved Action Plan projects: 1. 2016 CDBG Acquisitions - $233,320.15. Justification : HCD has slowed down acquisition of CDBG eligible parcels due to increased private investment/land banked parcels as the known leveraging method for current/future acquisitions 2. 2017 Rental Rehabilitation Activities - $105,290.06. Justification : Due to a more fluid and impactful developmental strategic leveraging approach (i.e. HOME Funds, 3rd party developers, etc.), CDBG funds are no longer needed for this rehabilitation activity. 3. 2017 Economic Development - $34,026.96. Justification : HCDs Small Business Development Loan Program has been redesigned into a comprehensive Micro Cover Memo Enterprise Technical Assistance (META) Program which contains four (4) components: a. Technical Assistance (i.e. training), b. Small Business Lending, c. SEEDS for Life, d. Workforce Development. 4. 2017 Public Services - $58,752.93. Justification : These funds represent funding wherein said non-profits failed to expend budget within allocated fiscal year as outlined via their Public Service Agency Agreements. 5. 2017 Permanent Supportive Housing (PSH) Development - $24,950.00. Justification : Due to increased investment specific to HCDs development structure/leveraging approach (HOME, CDBG, NSP, ADA, 3rd party, etc.), there funds are no longer needed for this activity. 6. 2018 Public Services - $35,160.00. Justification : These funds represent funding wherein said non-profits failed to expend budget within allocated fiscal year as outlined via their Public Service Agency Agreements. 7. 2018 Economic Development - $208,420.58. Justification : HCDs Small Business Development Loan Program has been redesigned into a comprehensive Micro Enterprise Technical Assistance (META) Program which contains four (4) components: a. Technical Assistance (i.e. training), b. Small Business Lending, c. SEEDS for Life, d. Workforce Development. HCD is proposing these CDBG funds be reprogrammed TO the following CDBG Activities: 1. Affordable Housing: Rental Rehabilitation - $353,000.00. Justification : Rehabilitation of up to four (4) affordable housing units into much needed affordable rental housing. HCD will utilize current land banked inventory. 2. Economic Development (Micro Enterprise Technical Assistance) - $228.007.75. Justification : Funding will support HCDs Micro Enterprise Technical Assistance (META) Program to provide training, certification assistance, and other services to new and existing businesses in the community. This will also include technical assistance training courses, small business loan capital/grants, and other support services to be made available to local for-profit businesses. 3. Homebuyer Education Assistance - $25,000.00. Justification : Funding will be used to provide Pre and Post Purchase Counseling and Financial Literacy in support of HCDs Down Payment Assistance Program. 4. Public Services - $93,912.93.93. Justification : Funds will be used by HCD Partner Agency Non-Profits to provide Subsistence/Emergency Payment Assistance as described in 24 CFR Section 105(a)(8), including, but not limited to, one-time or short-term (no more than three months) emergency payments on behalf of individuals or families, generally for the purpose of preventing homelessness. Examples include utility payments to prevent cutoff of service and rent/mortgage payments to prevent eviction. Such expenditures are eligible Public Services under the following conditions: (1) the income payments do not exceed three consecutive months; and (2) the payments are made directly to the provider of such services on behalf of an individual or family. Income payments provided as a loan are Cover Memo also permissible within the public services cap. HCD is proposing that HOPWA funds be reprogrammed FROM the following approved Action Plan projects: 1. 2018 - $193,000.00: Unspent funds from St. Stephens Ministry ($193,000.00), which ceased operations in 2020. HCD is proposing these HOPWA funds be reprogrammed TO the following HOPWA Activities: 1. Short Term Rent, Mortgage, Utilities (STRMU), Permanent Housing Placement (PHP) and Tenant Based Rental Assistance (TBRA) - $193,000.00. Funds will be distributed to current HOPWA Sponsors to continue to provide services to eligible HOPWA clients. HOPWA Sponsors will have to show a need for additional funding in the three eligible categories. According to the City of Augusta’s Citizen Participation Plan, these changes constitute a substantial change to the aforementioned Action Plans, referred to by HUD as a Substantial Amendment. Therefore, the revisions must be presented to the public for a 5-day Public Comment period. If comments are received, they will be presented to the Commission for consideration. Analysis:The additional funds will allow HCD to fund and proceed with projects that benefit low and moderate-income residents of Augusta, Georgia, as well as those at-risk of or experiencing homelessness and households with HIV+ household members. Financial Impact:The City receives funding from the US Housing and Urban Development Department on an annual basis. The proposed Substantial Amendment request will allow HCD to facilitate the timely expenditure of funds in compliance with HUD’s Timeliness Standard compliance requirements for CDBG and HOPWA funds. Alternatives:Do not approve submission by the Housing and Community Development Department (HCD) of a Substantial Amendment Request for the Reallocation of $699,920.68 in CDBG funds and $193,000.00 in HOPWA funds to the FY2019 Annual Action Plan, as required by the City of Augusta’s HUD-approved Citizen Participation Plan. Recommendation:Motion to approve submission by Housing and Community Development Department (HCD) of a Substantial Amendment Request for the Reallocation of $699,920.68 in CDBG funds and $193,000.00 in HOPWA funds to the FY2019 Annual Action Plan, as required by the City of Augusta’s HUD-approved Citizen Participation Plan. Funds are Available in the Housing and Urban Development (HUD) Funds: - Community Development Block Grant (CDBG) funds; CDBG - 221073211 - Cover Memo Following Accounts: Housing Opportunities for Persons with AIDS (HOPWA) - 221073213 REVIEWED AND APPROVED BY: Cover Memo HCD_’19SUBSTANTIAL AMENDMENT~ CDBG & HOPWA 1 HCD Reallocation CDBG Substantial Amendment CDBG Sources of Funds: Year Activity / Category Reason Amount 2016 Acquisition Activities As a leveraging method, Laney Walker Bond funds are being utilized for further LW/B acquisitions. $233,320.15 2017 Rental Rehabilitation Activities Due to a strategic leveraging approach (i.e. HOME funds, 3rd Party Developers, etc.), CDBG funds are no longer needed for this Rental Rehab Development strategy. $105,290.06 2017 Public Services Non-profits failed to fully expend budget within allocated Fiscal Year $58,752.93* 2017 Economic Development – Small Business Development Loan Program Small Business Development Loan program has been redesigned into comprehensive META program containing 4 components: 1. Technical Assistance (i.e. Training) 2. Small Business Lending 3. SEEDS for Life 4. Workforce Development $34,026.96 2018 Public Service Non-profits failed to fully expend budget within allocated Fiscal Year $35,160.00* 2018 Permanent Supportive Housing Development Due to a strategic leveraging approach (i.e. HOME funds, 3rd Party Developers, etc.), CDBG funds are no longer needed for this Permanent Supportive Housing Development strategy. $24,950.00 2018 Economic Development Small Business Development Loan program has been redesigned into comprehensive META program containing 4 components: 1. Technical Assistance (i.e. Training) 2. Small Business Lending 3. SEEDS for Life 4. Workforce Development $208,420.58 Total Reallocation Request $699,920.68 HCD_’19SUBSTANTIAL AMENDMENT~ CDBG & HOPWA 2 CDBG Recommended Uses of Funds: Recommended Activity Recommended Funded Amount Affordable Housing Rental Rehabilitation –  Up to 2 Duplexes (4 Units) for Low to Moderate Income Rental Units. $353,000.00 Economic Development –  META Program Assistance  SEEDS for Life Round 3  Small Business Lending funding $228,007.75 Homebuyer Education Assistance –  Pre- and Post- Purchase Counseling + Financial Literacy Training  Supports HCD Down Payment Assistance Program $25,000.00 Public Services to provide Emergency Payment Assistance * $93,912.93 Total Reallocation Request $699,920.68 * 2017 and 2018 Public Services ($93,912.93) to be used by HCD Partner Agency Non-Profits to provide Subsistence / Emergency Payment Assistance as described in 24 CFR Section 105(a)(8), including, but not limited to, one-time or short-term (no more than three months) emergency payments on behalf of individuals or families, generally for the purpose of preventing homelessness. Examples include utility payments to prevent cutoff of service and rent/mortgage payments to prevent eviction. Such expenditures are eligible Public Services under the following conditions: (1) The income payments do not exceed three consecutive months; and (2) The payments are made directly to the provider of such services on behalf of an individual or family. Income payments provided as a loan are also permissible within the public services cap. HCD_’19SUBSTANTIAL AMENDMENT~ CDBG & HOPWA 3 HCD Reallocation HOPWA Sub Amendment 2.0 HOPWA Sources of Funds: Year Sponsor Reason Amount 2018 St. Stephen’s Ministry Non-Profit Agency suspended operations. $193,000.00 Total Reallocation Request $193,000.00 HOPWA Recommended Uses of Funds: Recommended Activity Recommended Funded Amount Short Term Rent, Mortgage, Utilities(STRMU), Permanent Housing Placement (PHP) and Tenant Based Rental Assistance (TBRA) $ 193,000.00 Total Reallocation Request $ 193,000.00 *STRMU, PHP & TBRA ($193,000.00 ) will be distributed to current HOPWA Sponsors to continue to provide services to eligible HOPWA clients. HOPWA Sponsor will have to demonstrate a need for additional funding in the three eligible categories. Commission Meeting Agenda 11/4/2020 2:00 PM Naming Third Flood Conference Room Department:Planning & Development Department:Planning & Development Caption:For Discussion. The Planning & Development Department request approval to name the conference room on the third floor the 'Charles Case Conference Room’, in memory of Charles W. Case, Code Enforcement Inspector. Background:Charles Case began his City employment with the Animal Control Department in December 2016, and transferred to the Planning & Development Department, Code Enforcement Division in November 2019, to become a Code Enforcement Inspector. Prior to becoming a City employee, Charles served in the U.S. Marine Corps for 14 years…. On August 20, 2020, Charles’ life was ended while performing a routine code enforcement inspection. Analysis:The Planning & Development Department staff would like to name the third floor conference room the Charles Case Conference Room in memory of Charles....The Building and Property Naming / Renaming Policy (Ordinance 7386) does not address the naming of a room within a City building. Financial Impact:The cost to install the lettering (not to exceed $1,500) will come from the Planning & Development Department 2020 Budget. Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Cover Memo Bq ui E ]n ! -oorh TTo -3 T\oo\\wIJt,t\0o\ IP{No.+roUI,+9.rct =tano 1 J 1\,c)Or 6.l-oo Jo(n trrctcta7}o 6r wo\oo s;, flT*i* t+s*+ ts6&-.*re k ffip ti-lffir fl}Y'l+J#fg $"ts*F{qlryr**rffi QS':ft !.._. "is'Le' i F*r* 'f-.II ..:,..\ E m'TloDm DItIsaItI tr s=F aFr EE3rF= EiB liB tjIr-8x ili IEE iEl lE*r rI ;s-C ETrtt nI zom(n *tmoCm(n+mI !7too1I T'T'Fo m(, (n 6 !e6lz rrctlt 0 .D e,rlEte A' =o =-=l<I ca(7.Doo-G'3.D= I(cI !, !Pt-lulil-lxls l+lel= laDl= lctI=lolrt6t=laD la rr9-o !? E-IEltaIJ llDlo. lra l<lo lololfrIF tTtCL .DCL o En=o,=.D r''ro, (D noz..TT F J tr .D 3o =(o Commission Meeting Agenda 11/4/2020 2:00 PM Recruitment Director of Augusta Utilities Department: Department: Caption:Update from Director of Human Resources regarding the recruitment process for the position of Director of Augusta Utilities Department. (Deferred from the October 20, 2020 meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM )utgoing commissioners and mayors to purchase their respective cell phone and/or iPad Department: Department: Caption:Motion to approve a policy allowing the outgoing commissioners and mayors to purchase their respective cell phone and/or iPad after their last day in office. (Requested by Commissioner Mary Davis) Background:Information Technology will calculate the current value of the equipment and provide to Finance for their review and approval as was last done in 2015. Analysis:This will apply for an indefinite time period going forward. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Accept an award from Georgia Emergency Management Agency (GEMA) in the amount of $30,000.00 to enhance the Richmond County Sheriff’s Office Response Team Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve a request from the Richmond County Sheriff's Office to approve fundi to support the Georgia Emergency Management Agency (GEMA) Region #5 Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) team in the amount of $30,000.00. Background:In 2015 RCSO was designated by GEMA as the response team for Region #5 for a CBRNE Incident. RCSO will respond to a tactical hazardous material incident in the 25 county region which requires a specialized response and the equipment to handle the response. If the requested funding amount is approved RCSO will purchase specialized equipment to respond to tactical HazMat response. Analysis:None Financial Impact:This is a 100% reimbursable grant. Upon completion of purchases, RCSO will submit reimbursement request to GEMA. Alternatives:None Recommendation:Approve funding request for $30,000.00 to maintain response team Funds are Available in the Following Accounts: Will be setup in fund 220 -100% Reimbursable from grant Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Accept an Award from Georgia Emergency Management Agency (GEMA) in the amount of $38,750.00 to enhance the Richmond County Bomb Squad Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $38,750.00 to implement the Department of Homeland (DHS) State Homeland Security Grant Program. Background:The RCSO was awarded a grant through DHS in the amount of $38,750.00 to enhance the EOD (Bomb disposal) Unit. The grant is administered by the Georgia Emergency Management Agency (GEMA). RCSO will use this funding to purchase specialized equipment used by the bomb technicians to respond to bomb emergencies. Analysis:RCSO will purchase the specialized equipment for the EOD Unit. Financial Impact:This is a 100% reimbursable grant, when expenditures are made, RCSO will submit request for reimbursements to GEMA for payment. Alternatives:None Recommendation:Allocate funding in the amount of $38,750.00 to allow RCSO to implement the DHS Homeland Security Grant Program. Funds are Available in the Following Accounts: Org key will be setup in fund 220 -100% Reimbursable from grant Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Accept an award from Georgia Emergency Management Agency (GEMA) in the amount of $52,000.00 to enhance the Richmond County Sheriff’s Office Bomb Canine Unit Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption:Motion to accept an award in the amount of $52,000.00 from the Department of Homeland Security for the Richmond County Sheriff's Office Bomb K-9 Unit. Monies will assist RCSO in sustaining the Bomb-K-9. Background:The Department of Homeland Security through the Georgia Emergency Management Agency (GEMA) has awarded $52,000.00 to the Richmond County Sheriff's Office Bomb K-9 Unit to assist in sustaining the unit. The RCSO K-9 Unit will use the monies to purchase supplies, food, equipment, and medical expenses for the Bomb K-9 dogs. Analysis:None Financial Impact:This is a 100% reimbursable grant. Upon completion of purchases, RCSO will submit reimbursement request to GEMA. Alternatives:None Recommendation:Accept the award of $52,000.00 from the Department of Homeland Security to assist in sustaining the RCSO Bomb K-9 program Funds are Available in the Following Accounts: Org key will be setup in fund 220 -100% Reimbursable from grant REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Allocate funding ($45,657.00) for RCSO to implement Justice Assistance Grant (JAG) Program. Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $45,657.00 to implement the Justice Assistance Grant (JAG). Background:In September 2020 the RCSO was awarded a grant through Department of Justice for $45,657.00 to support the RCSO Body Worn Storage. RCSO will use this funding to purchase Body Worn Storage. Analysis:RCSO will purchase Body Worn Storage. Financial Impact:This is a 100% reimbursable grant, when expenditures are made, RCSO will submit request for reimbursements to Department of Justice. Alternatives:None Recommendation:Allocate funding in the amount of $45,657.00 to allow RCSO to implement the Justice Assistance Grant (JAG) Program. Funds are Available in the Following Accounts: NA -100% Reimbursable from grant REVIEWED AND APPROVED BY: Cover Memo Cover Memo Department of Justice (DOJ) Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General September 18, 2020 The Honorable Hardie Davis Jr. Augusta Richmond County 535 Telfair Street, Suite 800 Augusta, GA 30901-4441 Dear Mayor Davis: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by Augusta Richmond County for an award under the OJP funding opportunity entitled "JAG Local: Eligible Allocation Amounts $25,000 or More." The approved award amount is $45,657. These funds are for the project entitled Implementation of Additional Data Storage for Body Worn Video. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should Augusta Richmond County accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Flora D. Lawson, Program Manager at (202) 305-9216; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working with you. Sincerely, Encl. Katharine T. Sullivan Principal Deputy Assistant Attorney General Director Michael L. Alston Department of Justice (DOJ) Office of Justice Programs September 18, 2020 The Honorable Hardie Davis Jr. Augusta Richmond County 535 Telfair Street, Suite 800 Augusta, GA 30901-4441 Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Mayor Davis: Sincerely, cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights Grant PAGE 1 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) Augusta Richmond County 535 Telfair Street, Suite 800 Augusta, GA 30901-4441 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 45,657 11. TOTAL AWARD $ 45,657 2a. GRANTEE IRS/VENDOR NO. 586000882 2b. GRANTEE DUNS NO. 073438418 3. PROJECT TITLE Implementation of Additional Data Storage for Body Worn Video 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJBX 80 00 00 45657 VDJUGT3267 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Hardie Davis Mayor 4. AWARD NUMBER:2020-DJ-BX-0445 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 09/18/2020 TO TO 10/01/2019 10/01/2019 09/30/2023 09/30/2023 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 32 AWARD CONTINUATION SHEET Grant PAGE 2 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 1. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 3 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 2. 3. 4. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 4 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 5 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 6 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 7 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 8 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 9 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 10 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 11 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 12 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 13 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28. 29. 30. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 14 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information-communication restriction." B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. 1.A of this condition) that would be reimbursed wholly or partly with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. 1.A of this condition, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: information-communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. 1.A of this condition, may be subject to any information- communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information- communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information- communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... information-communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information- communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. 31. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 15 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information-communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph 1.A of this condition) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph 1.A of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph 1.A of this condition, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere … information-communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. 32. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 16 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information- communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) “DHS” means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 33. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 17 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) “DHS” means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 34. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 18 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 35. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 19 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. 36. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 20 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 37. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 21 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Notice of scheduled release SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. 38. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 22 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside” the U.S.--within the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of- (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. 39. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 23 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 24 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS No use of funds to interfere with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government- contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)). (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or 40. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 25 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d-4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 41. 42. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 26 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 43. 44. 45. 46. 47. 48. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 27 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 49. 50. 51. 52. 53. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 28 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 54. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 29 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 55. 56. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 30 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 57. 58. 59. 60. 61. 62. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 31 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA] Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. 63. 64. 65. 66. OJP FORM 4000/2 (REV. 4-88) 32 AWARD CONTINUATION SHEET Grant PAGE 32 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/18/2020PROJECT NUMBER 2020-DJ-BX-0445 SPECIAL CONDITIONS Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 67. 68. OJP FORM 4000/2 (REV. 4-88) 32 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for Augusta Richmond County The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Official Grant File GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2020-DJ-BX-0445 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) Veronica Freeman-Brown Finance Director 400 Walton Way Augusta, GA 30901-4441 (706) 821-1067 PAGE 11OF The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information Flora D. Lawson (202) 305-9216 OJP FORM 4000/2 (REV. 4-88) Implementation of Additional Data Storage for Body Worn Video Augusta Richmond County 535 Telfair Street, Suite 800 Augusta, GA 30901-4441 TO:10/01/2019 09/30/2023FROM:TO:10/01/2019 09/30/2023FROM: 09/18/2020 $ 45,657 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM JAG Local: Eligible Allocation Amounts $25,000 or More Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF Commission Meeting Agenda 11/4/2020 2:00 PM Augusta Fire Department Department: Department: Caption:Presentation from McGrath Assessment Consultant with an update to the public on the Augusta Fire Department Needs Assessment and discuss the future of the department's leadership moving forward. (Requested by Commissioner Brandon Garrett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Augusta-Richmond County Local Emergency Operations Plan Department:Augusta Fire Department / EMA Department:Augusta Fire Department / EMA Caption:Motion to approve the update to the Augusta-Richmond County Local Emergency Operations Plan and authorize the Mayor to sign the plan. Background:GEMA requires the Local Emergency Operations Plan (LEOP) renewal every 4 years. In 2019, GEMA created a new template for all municipalities to use to standardize the LEOP across Georgia. The attached plan is the template from GEMA with county specific information entered. The Emergency Management Ordinance, approved by Commission on January 21, 2020, guides the language of the LEOP. We are required to have an approved and executed LEOP in order to receive disaster assistance from GEMA and FEMA. Analysis:N/A Financial Impact:None for this plan. It will affect future disaster assistance if not approved. Alternatives:None. Recommendation:Approve the LEOP and authorize the Mayor to sign the plan. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo OCTOBER 2020 Local Emergency Operations Plan Augusta-Richmond County ii This Page Intentionally Left Blank This Page Intentionally Left Blank This Page Intentionally Left Blank iii Promulgation Statement HARDIE DAVIS, JR. MAYOR AUGUSTA-RICHMOND COUNTY AUGUSTA, GA AUGUSTA-RICHMOND COUNTY EMERGENCY OPERATIONS PLAN (EOP) PROMULGATION The primary role of government is to provide for the welfare of its citizens. The welfare and safety of citizens is never more threatened than during disasters. The goal of emergency management is to ensure that mitigation, preparedness, response, and recovery actions exist so that public welfare and safety is preserved. The Augusta-Richmond County Emergency Operations Plan provides a comprehensive framework for County-wide emergency management. It addresses the roles and responsibilities of government organizations and provides a link to local, State, Federal, and private organizations and resources that may be activated to address disasters and emergencies in Augusta-Richmond County. The Augusta-Richmond County Emergency Operations Plan ensures consistency with current policy guidance and describes the interrelationship with other levels of government. The plan will continue to evolve, responding to lessons learned from actual disaster and emergency experiences, ongoing planning efforts, training and exercise activities, and Federal guidance. Therefore, in recognition of the emergency management responsibilities of Augusta- Richmond County government and with the authority vested in me as the Mayor of Augusta, GA, I hereby promulgate the Augusta-Richmond County Emergency Operations Plan. ____________________________________ Hardie Davis, Jr. Mayor, Augusta, GA iv Approval and Implementation This plan supersedes the Augusta-Richmond County Emergency Operation Plan (EOP) dated October 18, 2016, and is valid for a period of four years from the date signed, unless a revision is required sooner by the undersigned. This EOP describes the management and coordination of resources and personnel during periods of major emergency. This comprehensive local emergency operations plan is developed to ensure mitigation and preparedness, appropriate response and timely recovery from natural and man-made hazards which may affect residents of Augusta-Richmond County. This plan is also intended to clarify expectation for an effective response by local officials in support of first responders in the field which can save lives, protect property and more quickly restore essential services. This EOP was developed by Augusta Fire/EMA, in conjunction with other local agencies, non-governmental organizations, and private sector partners and is aligned with the National Response Framework, the National Disaster Recovery Framework, and guidance from the Georgia Emergency Operations Plan. It was also developed with lessons learned from previous disasters and emergencies that have threatened Augusta-Richmond County, as well as exercises and training events. The Augusta-Richmond County Emergency Operations Plan delegates the Mayor’s authority to specific individuals in the event that he or she is unavailable. The chain of succession in a major emergency or disaster is as follows: a. Mayor Pro Tem b. Emergency Management Agency (EMA) Director c. Deputy EMA Director __________________ Date ____________________________________ Hardie Davis, Jr. Mayor, Augusta, GA v Signature Page Hardie Davis, Jr, Mayor Lena Bonner, Clerk of Commission Augusta, GA Christopher E. James, Fire Chief/EMA Director Augusta-Richmond County, GA vi Record of Changes Change # Date Part Affected Date Posted Who Posted vii Record of Distribution Plan # Office/Department Representative Signature 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 viii Table of Contents Promulgation Statement .................................................................................................. iii Approval and Implementation ..........................................................................................iv Signature Page ............................................................................................................... v Record of Changes .........................................................................................................vi Record of Distribution ..................................................................................................... vii Table of Contents .......................................................................................................... viii Purpose, Scope, Situation, and Assumptions ........................................................... 1 1.1 Purpose ............................................................................................................... 1 1.2 Scope ................................................................................................................... 1 1.3 Situation Overview ............................................................................................... 3 Characteristics ............................................................................................. 3 Hazard Profile .............................................................................................. 5 Planning Assumptions ............................................................................... 10 Concept of Operations ............................................................................................ 12 2.1 General .............................................................................................................. 12 2.2 Goals and Objectives ......................................................................................... 13 Goals ......................................................................................................... 13 Objectives .................................................................................................. 13 National Incident Management System and the Incident Command System ........................................................................................................................... 13 2.3 Emergency Operations Center (EOC) Operating Conditions and Activation ..... 14 EOC Operating Levels ............................................................................... 14 Field Operations ........................................................................................ 14 Activation of the Emergency Operations Plan (EOP) ................................ 14 Emergency Operations Center (EOC) Operations ..................................... 15 Coordinating Local, State and Federal Operations .................................... 20 County/Local Logistical Staging Area (LSAs) ............................................ 20 Phases of Emergency Management and Corresponding Actions .............. 21 Public Information ...................................................................................... 21 Alert and Notification ................................................................................. 22 Warning ................................................................................................... 23 Evacuation ............................................................................................... 23 ix Request for Assistance ............................................................................ 23 Organization and Assignment of Responsibilities ................................................... 24 3.1 General .............................................................................................................. 24 3.2 Organization....................................................................................................... 24 3.3 Assignment of Responsibilities .......................................................................... 24 Chief Elected Officials................................................................................ 24 Emergency Support Functions (ESFs) ...................................................... 25 State Government Department and Agencies ........................................... 30 Private Sector Organizations ..................................................................... 30 Non-Governmental and Volunteer Agencies ............................................. 31 Citizen Involvement ................................................................................... 32 Continuity of Government (COG)/Continuity of Operations Plan (COOP) ............... 33 4.1 Succession of Command for Local Government ................................................ 33 4.2 Mission Essential Positions ................................................................................ 33 4.3 Mission Essential Functions and Processes ...................................................... 34 Mission Essential Functions ...................................................................... 34 Mission Essential Processes ..................................................................... 35 4.4 Relocation of Government ................................................................................. 35 Alternate Facilities ..................................................................................... 35 Logistics Support ....................................................................................... 36 Resources Requirements .......................................................................... 36 4.5 Vital Records and Data Management ................................................................ 36 Communications ........................................................................................ 36 Information Technology ............................................................................. 37 Public Information ..................................................................................... 37 Finance and Administration Section ......................................................... 37 Vital Records (Safeguards) ........................................................................ 37 Direction, Control, and Coordination ....................................................................... 39 5.1 Authority to Initiate Actions ................................................................................ 39 5.2 Command Responsibility for Specific Actions .................................................... 39 General Guidance of Emergency Operations ............................................ 39 Direction of Response ............................................................................... 40 Information Collection and Dissemination ............................................................... 40 x Communications...................................................................................................... 40 Administration, Finance, and Logistics .................................................................... 41 8.1 Appointment of Officials ..................................................................................... 41 8.2 Administration .................................................................................................... 41 8.3 Finance .............................................................................................................. 41 8.4 Logistics ............................................................................................................. 41 8.5 Local Agreements and Understandings ............................................................. 41 8.6 Additional Policies .............................................................................................. 42 Plan Development and Maintenance ....................................................................... 42 9.1 Development ...................................................................................................... 42 9.2 Maintenance ...................................................................................................... 42 Requirements ............................................................................................ 42 Review and Update ................................................................................... 43 Authorities and References ................................................................................... 43 10.1 Legal Authority ................................................................................................. 43 Federal .................................................................................................... 43 State ........................................................................................................ 44 Local ........................................................................................................ 44 10.2 References....................................................................................................... 44 Federal .................................................................................................... 44 State ........................................................................................................ 44 Local ........................................................................................................ 44 1 Purpose, Scope, Situation, and Assumptions 1.1 Purpose The Augusta-Richmond County Emergency Operations Plan (EOP) is based on the hazards as listed in the Hazard Identification and Risk Assessment Plan which includes all natural, human-caused, and technological hazards that can be reasonably presumed to occur within the geographical boundaries of the Augusta-Richmond County. The EOP clarifies the actions taken for an effective response and describes the integration of the processes and procedures detailed in the National Response Framework (NRF), National Disaster Recovery Framework, as well as serving as a guide for all municipal Emergency Operations Plans. The Augusta-Richmond County EOP supports the five major mission areas set forth in the National Preparedness Goals; Prevention, Protection, Mitigation, Response, and Recovery. It supports the mission of protecting life and property against manmade and natural disasters by directing the county’s efforts and restoring essential utilities and services at all levels of government through effective planning, preparation, response, and mitigation. The EOP incorporates best practices and procedures from various incident management disciplines - homeland security, emergency management, law enforcement, firefighting, hazardous materials response, public works, public health, emergency medical services, and responder and recovery worker health and safety - and integrates them into a unified coordinating structure. The EOP provides the framework for interaction with other county and municipal governments, the private sector, and NGOs in the context of incident prevention, preparedness, response, and recovery activities. It describes capabilities and resources and establishes responsibilities, operational processes, and protocols to help protect from natural and manmade hazards, save lives, protect public health, safety, property, and the environment, and reduce adverse psychological consequences and disruptions. Finally, the EOP serves as the foundation for the development of detailed supplemental plans and procedures to effectively and efficiently implement incident management activities and assistance in the context of specific types of incidents. The EOP defines the actions and roles necessary to provide a coordinated response and provides a general concept of potential emergency assignments before, during, and following emergency situations to Cities, Departments and Agencies within Augusta- Richmond County. It also provides for the systematic integration of emergency resources when activated for emergency situations and does not replace non- emergency operations plans or procedures. 1.2 Scope Disasters or emergencies are high-impact events that require a coordinated and effective response by an appropriate combination of county, municipal, private-sector, and nongovernmental entities in order to save lives, minimize damage, and provide the basis for long-term community recovery and mitigation activities. 2 The EOP addresses the hazards and threats extracted from the Augusta-Richmond County Hazard, Identification and Risk Assessment (HIRA) and the Augusta-Richmond County Hazard Mitigation Strategy. The EOP introduces the fundamentals of mitigation and long term recovery but is not the primary document for these activities. It also references activities occurring in all phases of the emergency management cycle. However, the primary focus of this document remains an operational plan which describes the basic strategies, assumptions, operational goals and objectives in coordinating and mobilizing resources to support emergency management response and recovery activities. The EOP applies to all participating departments and agencies of the jurisdictions contained within the geographical boundary of Augusta-Richmond County and distinguishes between incidents that require County coordination, termed disasters or emergencies, and the majority of incidents that are handled by responsible jurisdictions or agencies through other established authorities and existing plans. Key Concepts Key concepts that are reflected throughout the EOP are: 1. Systematic and coordinated incident management, including protocols for: a. Coordinated action; b. Alert and notification; c. Mobilization of County resources to augment existing municipal capabilities; d. Operating under differing threats or threat levels; and e. Integration of crisis and consequence management functions. 2. Proactive notification and deployment of resources in anticipation of or in response to catastrophic events in coordination and collaboration with municipal governments and private entities when possible. 3. Organizing interagency efforts to minimize damage, restore impacted areas to pre- incident conditions if feasible, and/or implement programs to mitigate vulnerability to future events. 4. Coordinating worker safety and health, private-sector involvement, and other activities that are common to the majority of incidents (see Incident Specific Annexes). 5. Organizing ESFs to facilitate the delivery of critical resources, assets, and assistance. Departments and agencies are assigned to lead or support ESFs based on authorities, resources, and capabilities. 6. Providing mechanisms for vertical and horizontal coordination, communications, and information sharing in response to threats or incidents. These mechanisms facilitate coordination among municipal entities and the County Government, as well as between the public and private sectors. 7. Facilitating support to County departments and agencies acting under the requesting 3 department or agency’s own authorities. 8. Developing detailed supplemental operations, tactical, and hazard-specific contingency plans and procedures. 9. Providing the basis for coordination of interdepartmental and municipal planning, training, exercising, assessment, coordination, and information exchange. This EOP consists of five components, which outlines the State Emergency Management Program. These components include:  Base Plan  Emergency Support Function Annexes (or Agency/Department/Organization Function Annexes)  Support Annexes (may include Continuity of Government/Operations, Warning, Population Protection, Financial Management, Mutual Aid/Multijurisdictional Coordination, Private Sector Coordination, Volunteer and Donations Management, Worker Safety and Health, Prevention and Protection, and Communications.)  Incident/Threat Specific Annexes (Weather related, Earthquake, Tornado, Flood/Dam Failure, HAZMAT, Epidemic, Terrorism, Active Shooter, etc.)  Companion Documents (Hazard Identification and Risk Assessments, Hazard Mitigation Plans), Plan Appendices & Standard Operating Guides Each of these components are made up of various plans, guides and documents that collectively describe how the County plans for, responds to and recovers from natural and human caused disasters. The five components are published separately but reviewed collectively to ensure seamless integration. The EOP is intended to capture and reflect the cooperative spirit of all senior elected and appointed leaders and their organizations to partner in a comprehensive emergency management program to protect the lives and property of all Augusta- Richmond County residents and visitors. 1.3 Situation Overview Characteristics 1.3.1.1 Location Augusta-Richmond County includes City of Blythe and City of Hephzibah. 1.3.1.2 Geographic Augusta, GA is the second largest city in the state. Augusta-Richmond County is a consolidated city-county government. Augusta-Richmond County is bordered east by the Savannah River. The City of Blythe and the City of Hephzibah are located in the south end of the Richmond County along the border of Burke County. Richmond County also includes Fort Gordon. This plan does not cover Fort Gordon. A map illustrating the areas covered by the plan is shown as follows. 4 1.3.1.3 Demographic Augusta-Richmond County has a population of 202,518 residents as of July 1, 2019. Daytime population in Augusta-Richmond County exceeds 240,000 due to large commercial and industrial areas in the southern and eastern portion of the jurisdiction. The jurisdiction is also a popular because of the Masters Golf Tournament, attracting a large number of tourists each year. 1.3.1.4 Designated Areas of Interest 1. Augusta National Golf Club during April. Over 100,000 people visit Augusta for the Masters Golf Tournament. 2. The Riverwalk/Levy area downtown. 3. The Phinizy Swamp Nature Trail. 4. Fort Gordon Army Installation. 1.3.1.5 Special Events 1. In April, The Masters Golf Tournament brings over 100,000 people to Augusta. 2. In September, Augusta hosts the largest half Ironman in the United States with an estimated 8,000 people visiting for the race. 3. In September, Augusta hosts the Arts in the Heart event in downtown Augusta. The event brings approximately 80,000 to the area. 4. In January, the Augusta Cutting Horse Futurity bring 6,000 people to Augusta. 5. In October, the Westobou Festival brings 13,000 people to the area. 6. In July, the Nike Peach Jam is held in North Augusta, SC. Although the event across the Savannah River, 85-95% of the attendees stay in Augusta. This is estimated to be 9,954 people. 7. In February, the Augusta University Half Marathon brings around 2,000 participants 5 to Augusta. 8. In August, the Armed Forces Communication and Electronics Association conference brings 4,500 attendees. 1.3.1.6 Economic Base and Infrastructure Augusta-Richmond County is located in east central Georgia, approximately 150 miles east of Atlanta on Interstate 20. In 1996, the City of Augusta consolidated with Richmond County to form Augusta-Richmond County. The cities of Blythe and Hephzibah are separate municipalities chartered by the State of Georgia. Additionally, Fort Gordon occupies a large section of the southwest part of the county. Augusta serves as the center of a growing metropolitan region of 520,700 people in east central Georgia and west central South Carolina, known as the Central Savannah River Area (CSRA). Augusta strives to support economic development by seeking new industry and trade, facilitating expansion and retention of existing businesses, and making special efforts in distressed business districts. Augusta-Richmond County has a diversified economy. Employment is highest in the service, retail trade, and manufacturing sectors. Manufacturing facilities in the city produce textiles, paper products, chemicals, transportation equipment, and food products. Retail trade establishments are located in the downtown area, in shopping centers on major roads, and on individual sites and provide for the daily needs of area residents. In recent years, Augusta has seen increasing number of film and television industries using Augusta locations. According to the 2014 to 2018 American Community Survey 5-year estimates, in 2018, Augusta-Richmond County had an average annual employment of 90,180 and an average unemployment rate of 10.3 percent (compared to 6.4 percent for the state). In 2018, the average annual median household income in Augusta-Richmond County was $40,644 compared to $55,679 in the state of Georgia. Hazard Profile The following hazards are identified in the 2017 Hazard Mitigation Plan:  Natural o Drought o Earthquake o Extreme Heat o Flooding o Hail o Hurricane/Tropical Storm o Infectious Disease o Lightning o Severe Winter Storm o Solar Flare/ EMP o Tornado 6 o Windstorm/Thunderstorm o Wildfire  Technological/ Man-Made o Chemical Hazard o Cyberterrorism o Dam/Levee Failure o Nuclear Power Plant Incident o Terrorism o Utility Failure 1.3.2.1 Potential Hazards Augusta-Richmond County is subjected to the effects of many disasters, varying widely in type and magnitude from local communities to statewide in scope. Table 1: Hazard Identification and Grouping Natural Hazards Severe Weather  Thunderstorms  High Winds  Lightning  Hail  Tornado Severe Winter Weather  Snow  Extreme Cold  Ice  Blizzard  Freezing Rain  Sleet Tropical Cyclone  Storm Surge  High Winds  Heavy Rainfall  Tornado Infectious Disease  Infectious Diseases  Food Borne Diseases  Agricultural Disease Outbreak  Novel Disease Outbreak Drought Wildfire  Extreme Heat  Wildfires  Smoke  Water Shortage Inland Flooding  River Flooding  Flash Flooding  Urban Flooding Geologic Hazard  Sinkholes  Earthquake Human Caused Hazards Cybersecurity Attack  Hacking/Phishing  Infrastructure Disruptions  Ransomware/Malware Attacks  Network Intrusion/Disruption Transportation Active Shooter  Explosives/Improvised Explosive Devices  Vehicle Ramming  Sniper Attack  Hostage Taking Radiological Release  Radiological Release Technical  Radiological Release Hostile 7 Hazardous Material Release  Transportation-Related  Storage-Related, Spills, and Leaks Technological Hazards Dam Failure  Downstream Flooding  Erosion  Property Damage  Environmental Damage  Transportation Disruption  Infrastructure Disruption Infrastructure Failure  Communications  Transportation  Energy  Public Works Table 2: Hazard Identification Process Hazard of Concern How and Why hazard was Identified Severe Weather  Thunderstorms  High Winds  Lightning  Hail  Tornado  29 out of 42 declared disaster events in Georgia were Severe Weather events  NCDC reports 10 tornado events in Augusta-Richmond County since 1950. These events resulted in 26 injuries and $16.4 million (2016 dollars) in property damage with the most severe being an EF3.  NCDC reports 182 thunderstorm/high wind events in Augusta- Richmond County since 1950. These events have resulted in 1 death, 36 injuries, and $4.0 million (2016 dollars) in property damage. Inland Flooding  Rivers  Flash  Urban  NCDC reports that Augusta-Richmond County has been affe3cted by 24 flood events since 1996. In total, these events caused nearly $1 million (2016 dollars) in property damage.  Two of the county’s Presidential Disaster Declarations were flood-related.  18.7% of Augusta-Richmond County is located in an identified floodplain (100- or 500-year).  All jurisdictions in the county participate in the NFIP and Augusta-Richmond County also participates in the CRS. Tropical Cyclone  Storm surge  High Winds  Heavy Rain fall  Tornado  The Atlantic and Gulf regions are most prone to landfall by hurricanes and tropical storms.  NOAA historical records indicate 74 storm tracks have come within 75 miles of Augusta-Richmond County since 1850.  The 50-year return period peak gust for hurricane and tropical storm events in Augusta-Richmond County is around 68 mph.  Augusta-Richmond County is a large shelter hub for coastal evacuations. 8 Severe Winter Weather  Snow  Ice  Freezing Rain  Review of historical disaster declarations and National Weather Service (NWS) National Climatic Data Center’s (NCDC) Storm Events Database  Four (4) out of 42 declared disaster events in Georgia were winter weather related events  NCDC reports that Augusta-Richmond County has been affected by at least 8 snow and ice events since 1996.  One of the county’s disaster declarations (2014) was directly related to winter storm events. Drought Wildfire  Extreme Heat  Wildfires  Review of historical disaster declarations, NWS NCDC Storm Events Database, U.S. Drought Monitor and Drought Impact Reporter  The entire State of Georgia is subject to the effects of drought.  There are reports of severe exceptional drought conditions in 9 of the last 17 years in Augusta-Richmond County, according to the U.S. Drought Monitor. Geologic Hazards  Sinkholes  Earthquake  Earthquakes have occurred in and around the State of Georgia in the past. The state is affected by the Charleston and Eastern Tennessee seismic zones, and the former has generated a magnitude 8.0 earthquake in the last 200 years.  24 events are known to have occurred in the county according to the National Centers for Environmental Information. The greatest MMI reported was a VIII.  According to the USGS seismic hazard maps, the peak ground acceleration (PGA) with a 2% probability of exceedance in the 50 years for Augusta-Richmond County is approximately 8 to 14%g. FEMA recommends that earthquakes be further evaluated for mitigation purposes in areas with a PGA of 3%g or more. Infectious Diseases:  Infectious Diseases  Food Borne Diseases  Agricultural Disease Outbreaks  Novel Disease Outbreaks  Numerous bodies of water located in Augusta-Richmond County that assist with the breeding of mosquitos and other waterborne pathogens.  Public health emergencies are often unpredictable and can ramp up quickly depending on how quickly they are recognized. These threats will potentially impact the county in the future. Cybersecurity Attack  Hacking/Phishing  Infrastructure Disruptions  Ransomware/ Malware Attacks  Network Intrusion/ Disruption  Transportation  Most of Augusta-Richmond County’s critical infrastructure is linked to some technology-based platform, which is a key vector of attack in a cybersecurity incident.  Augusta-Richmond County has the Cyber Command at Fort Gordon.  Cyberterrorism is a threat that can occur without regard to specific location, so it was evaluated in this plan. Active Shooter  Explosives/Improvised Explosive Devices  Vehicle Ramming  Sniper Attack  Hostage Taking  Terrorist attacks can occur anywhere  There are several high profile targets in the area that caused the Planning Team to determine that the hazard should be evaluated further. 9 Radiological Release (Technical, Hostile)  Individuals (Physical and Psychological Health)  Property  Environment  Infrastructure  Agriculture  Zoological  Economy  The southeastern corner of Augusta-Richmond County is within 10 miles of the Vogtle Nuclear Power Plant.  Augusta-Richmond County is within the 50-mile Ingestion Pathway Zone of the Vogtle Nuclear Power Plant.  A nuclear accident is unlikely to occur, but could cause severe damage in the event of a major incident. Hazardous Material Release  Injury  Loss of life  Property damage  Environmental damage  Cities, counties, and towns where hazardous materials fabrication, processing, and storage sites are located, and those where hazardous waste treatment, storage or disposal facilities operate are at risk for hazardous materials events.  29 TRI facilities are located in Augusta-Richmond County.  21 of the 339 PHMSA-reported HazMat incidents in the county were classified as “serious” incidents. In total, these incidents have resulted in 27 injuries, and over $700,000 (2016 dollars) in property damages. Dam Failure  Downstream Flooding  Erosion  Property Damage  Environmental Damage  Transportation Disruption  Infrastructure Disruption  Georgia has 4489 Dams  In Georgia all major rivers are dammed at least once  Of the 27 dams in Augusta-Richmond County reported by the Georgia Safe Dams Program, 6 are high hazard (high hazard is defined as “where failure or mis-operation will probably cause loss of human life”). Infrastructure Failure  Communications  Transportation  Energy  Water Wastewater  Augusta-Richmond County is home to numerous pieces of critical infrastructure across all identified sectors.  Utility failure occur frequently in the county, especially during winter storms or high wind events. These will continue to impact the county going forward. 1.3.2.2 Vulnerability Assessment Vulnerability includes all populations and assets (environmental, economic, and critical facilities) that may be at risk from natural, human-caused, and technological hazards. Vulnerability analysis measures the level of assets, populations, or resources within a given region, city, or town. The vulnerability is a function of the built environment, local economy, demographics, and environmental uses of a given region. The damage and/or destruction of any of Augusta-Richmond County’s six (6) critical lifeline sectors (Communications, Emergency Services, Energy, Information Technology, Transportation Systems, and Water/Wastewater Systems) represents enormous economic, social, and general functional costs to a community, while also impeding emergency response and recovery activities. A nonfunctional road can have major implications for a community: general loss of productivity; disruption of physical access preventing residents from getting to work or other daily activities; prevention of emergency vehicles from reaching destinations; associated health and safety implications; and potential access difficulties causing the disruption of important lifeline supplies, such as food and other deliveries to the 10 community. Damaged or destroyed utility lines and facilities, including electricity, computer and satellite links, gas, sewer, and water services can cripple a region after a disaster. Power lines are often badly damaged or destroyed, resulting in the loss of power for days, weeks, or even months. This is particularly critical considering modern societies’ dependence on electricity. In addition to basic modern household appliances being affected, public water supplies, and water treatment and sewage facilities can also be impacted. Electric pumps cannot pump drinking water into an area without power, and even if they could, the water delivery system could be breached in several areas. The loss of level elevated water tanks also results in a lack of safe drinking water. Even disaster victims who do get water may have to boil it to eliminate waterborne pathogens introduced to the supply in breached areas. Although not a complete representation of all the possible types of facilities, this dataset is a good representation of critical facilities in Augusta-Richmond County. Table 3: Types of Facilities Jurisdiction Owned Holdings: 13,464 Interstate roads within Jurisdiction (in miles) 75 State Maintained Roads (in miles) 300 County Maintained Roads (in miles) 1200 Bridges 52 Law Enforcement Agencies: 5 Fire Stations: 15 Hospitals: 2 Dispatch Centers 5 First Responder’s Communication Towers 20 TV Digital Station Transmitters 2 AM Transmission Towers 2 FM Transmission Towers 4 Cellular Towers 10 City Halls: 13 Housing Units 300,000 Mobile Homes 75,000 Airports: 2 Dams: 25 Fishing and Boating Access/Marinas: 30 Power Transmission Lines (in miles) 1000 Power Distribution Lines (in miles) 2000 Power Substations 50 Water/Wastewater Stations 15 Natural Gas Lines (in miles) 1000 Planning Assumptions 1. A disaster may occur within Augusta-Richmond County with little or no warning and may escalate more rapidly than Augusta-Richmond County can handle. 2. Incidents are typically managed at the lowest possible organizational and 11 jurisdictional level. Initial actions to mitigate the effects of emergency situations or potential disaster conditions will be conducted as soon as possible by the local government. 3. During a State of Emergency, the EMA Director, as the individual responsible for carrying out Augusta-Richmond County’s emergency management programs, has command and control authority over all operational areas necessary to help Augusta- Richmond County respond to, recover from, and mitigate against natural and manmade emergencies. 4. It is assumed that any of the disaster contingencies could individually, or in combination, cause a grave emergency situation within Augusta-Richmond County. It is also assumed that these contingencies will vary in scope and intensity, from an area in which the devastation is isolated and limited to one that is wide-ranging and extremely devastated. For this reason, planning efforts are made as general as possible so that great latitude is available in their application, considering they could occur in several locations simultaneously. 5. Agencies/departments/offices assigned responsibilities in the EOP develop and maintain necessary plans, standard operating procedures, mutual aid agreements and model contracts to successfully accomplish the mission. 6. Agencies are prepared to fulfill assigned responsibilities from the EOP, supporting plans and joint operational or area plans. 7. Mutual Aid to the affected jurisdiction by response organizations from another jurisdiction is expected to supplement the efforts of the affected jurisdiction in an efficient, effective, and coordinated response when the County officials determine their own resources to be insufficient. 8. Federal and State disaster assistance, when provided, will supplement, not substitute, relief provided by local jurisdictions. 9. It is the responsibility of elected officials and designated responders under this plan to save lives, protect property, relieve human suffering, sustain survivors, repair essential facilities, restore services, and protect the environment. 10. Effective prediction and warning systems have been established that make it possible to anticipate certain disaster situations that may occur throughout the jurisdiction or the general area beyond the jurisdiction’s boundaries. 11. When an emergency exceeds Augusta-Richmond County resource and response capabilities, the local government will request assistance from neighboring jurisdictions and may elevate requests for assistance to Georgia Emergency Management and Homeland Security Agency (GEMA/HS) if needed. 12. When a jurisdiction receives a request to assist another jurisdiction, reasonable actions will be taken to provide the assistance as requested. This includes all agencies, departments and offices in support of this EOP as well as any neighboring jurisdictions. 13. Incidents, including large scale emergencies or events, require full coordination of operations and resources, and may: 12 a. Require significant information sharing across multiple jurisdictions and between the public and private sectors; b. Involve single or multiple jurisdictions and/or geographic areas; c. Have significant local and/or statewide impact and may require significant inter- governmental coordination; d. Involve multiple, highly varied hazards or threats on a local, regional, statewide or national scale; e. Result in mass casualties, displaced persons, property loss, environmental damage and disruption of the economy and normal life support systems, essential public services and basic infrastructure; f. Require resources to assist individuals with access and functional needs; g. Impact critical infrastructures across multiple sectors; h. Exceed the capabilities of local agencies, Non-Government Organizations (NGOs) and Private Sector Partners (PSPs) (to include private sector infrastructure owners and operators); i. Attract a sizeable influx of public, private, and voluntary resources; including independent and spontaneous volunteers; j. Require short-notice asset coordination and response; and k. Require prolonged incident management operations and support activities for long-term community recovery and mitigation. 14. Factors influencing the need for state involvement in response and recovery may include, but are not limited to: a. Severity and magnitude of the incident. b. Local needs exceeding available resources. c. Incident type or location. d. Protection of public health, welfare or the environment. e. Economic ability of the jurisdiction and/or affected localities to recover from the incident. Concept of Operations 2.1 General Communications is maintained between affected jurisdictions and GEMA/HS Area Emergency Management and/or Homeland Security Field Coordinators. GEMA/HS personnel may respond to the jurisdiction to facilitate ongoing information exchange. The Mayor, or designee, may declare local states of emergency and request State assistance. All requests for State assistance should be entered into WebEOC and coordinated with the assigned Area Field Coordinator to the State Operations Center 13 (SOC). County EOCs will serve as clearinghouses for response and recovery operations and for deployment of resources within the counties, including cities within the counties. This plan is based on three organizational levels of emergency management: local, state, and federal. Each level works together to provide a delivery system to meet the needs of the public. Emergency operations are initiated at the lowest level able to respond to the emergencies and disasters. Supporting agencies and volunteer organizations are incorporated in this plan for a whole community approach. 2.2 Goals and Objectives Goals 1. Promote all phases of emergency management and provide the community with a coordinated effort in the mitigation of, preparation for, response to, and recovery from injury, damage and suffering resulting from a localized or widespread disaster. 2. Facilitate effective use of all available resources during a disaster. 3. Maintain the quality of life for our citizens before, during and after a disaster. Objectives 1. Meet the needs of disaster victims: Save human lives; treat the injured; warn the public to avoid further casualties; evacuate all who are potentially endangered; coordinate with other agencies to shelter and care for those evacuated. 2. Protect property: Take action to prevent damage of property; provide security for property, especially in evacuated areas; prevent contamination to the environment. 3. Restore the Community: Re-establish essential utilities, transportation routes, public infrastructure and facilities as well as encourage economic activity. National Incident Management System and the Incident Command System 1. Augusta-Richmond County has adopted the National Incident Management System (NIMS) as the standard incident management structure. The Incident Command System (ICS) is the standard for on-scene emergency management throughout Augusta- Richmond County. First responders in all organizations are encouraged to implement the training, exercising and everyday use of ICS. 2. All Augusta-Richmond County emergency response agencies utilize the ICS to direct emergency response activities. The ICS provides an important framework from which all agencies can work together in the most efficient and effective manner. The EOC link to the incident scene is via an Emergency Management staff member located at the Incident Command Post. 3. If the incident affects multiple agencies and jurisdictions, a transition may occur from a single Incident Commander to a Unified Command structure. Unified Command may appoint a single spokesperson to carry out the command decisions. The remaining 14 response functions (planning, operations, logistics, and finance) will also be “unified” by the responders of the various organizations. 2.3 Emergency Operations Center (EOC) Operating Conditions and Activation EOC Operating Levels 1. Daily Activity: Minimal staff on duty for monitoring of daily activities. 2. Partial Activation: EOC leadership and selected ESFs are activated for monitoring or specific response activities. 3. Full Activation: All EOC staff are required to report for operations. Emergency situation is imminent or in progress. Field Operations 1. The EMA staff is on-call 24/7 with one person designated as the primary contact. The on-call primary EMA representative is available to respond and assist with field operations as requested through Public Safety Communications when the EOC is not activated. 2. Small-scale incidents or emergencies may be mitigated on scene, without opening the EOC. 3. As the incident complexity increases, resources must increase, requiring the Incident Command (IC) to expand the incident management organization with additional levels of supervision. The requesting agency should utilize its own departmental staff to fill the ICS command and general staff positions needed to successfully manage the incident. 4. Once an incident has escalated and all typical mission specific resources are exhausted or at the discretion of the IC, the on-call primary EM representative can be dispatched to serve in a logistical or planning role and request additional outside resources in support of the operation. 5. All EMA staff are cross-trained to fill ICS Command and General staff positions. However, due to their function, the Incident Commander and Operations Section Chief should be staffed by the lead agency. 6. If all local resources have been utilized and the on-scene command is overwhelmed due to long operational periods and /or shortage of staff, the on-call primary EM representative will contact the remaining EM staff for additional support. 7. When required or requested, a Mobile Command Post may be utilized for on-scene direction, coordination, and control. Activation of the Emergency Operations Plan (EOP) 1. The EMA Director will make a recommendation to the Mayor regarding the activation/implementation of the EOP. In the event the Mayor is not available, the EMA Director has the authority to order the activation. If the EMA Director is not available; then the EMA Deputy Director has the authority to order the activation. 15 2. When the EOP is implemented, all county, and supporting municipality, resources are available to respond to and facilitate recovery from the disaster. In the event of an emergency, personnel may be tasked to accomplish a mission outside of their normal area of responsibility. 3. Activation of the plan is also associated with the EOC Operating Level. At Elevated Activation, when there is a possibility of an emergency or disaster, the EOP may be partially or fully activated, as required. At Full Activation, when a disaster or emergency situation is imminent or in progress, the EOP activation is required. 4. The EMA will establish and maintain journals, records, and reporting capabilities in accordance with state and federal laws and regulations. Emergency Operations Center (EOC) Operations 2.3.4.1 General Anytime a disaster or emergency situation goes beyond the capability of a single jurisdiction, or requires multiple agencies or departments, the EOC may be activated. If the disaster is countywide, the EOC activation is mandatory. The EOC is an essential tool for successful response and recovery operations. With decision and policy makers located together, personnel and resources can be used efficiently. Coordination of activities will ensure that all tasks are accomplished, minimizing duplications of efforts. The EMA Director or Deputy Director will determine if the EOC needs to be activated. 2.3.4.2 Location The Augusta-Richmond County EOC is located at the Water Utilities building, 452 Walker St. Augusta, GA 30901. If an alternate EOC is needed it will be designated by the EMA Director or Deputy Director at the time of the event. The alternate EOC will be operated at Augusta Fire Administration, 3117 Deans Bridge Rd. Augusta, GA 30906. 2.3.4.3 Activation Options In the event the EOC is activated, the EMA Director or Deputy Director has options available. As all emergencies do not require full activation of the EOC, another level of activation is available. In some instances, the EOC activation process might step one level to another, while other situation might require immediate Full Activation. 1. Partial Activation occurs during small-scale incidents requiring minimal resources and personnel, but still not requiring full activation of the EOC. The EMA Director or Deputy Director will determine which ESFs are needed and the hour of operations. 2. Full Activation occurs when all ESFs are fully manned and operating 24-hours a day. This will occur during major emergencies and disasters, and will be the priority activity in the county when activated. Once the emergency or disaster necessitating the EOC activation is over, the EMA Director or Deputy Director, with the Mayor’s authorization, will determine the means of deactivation of the EOC. Some incidents will allow full and immediate closing of the EOC, while others will require a slower transition. 16 2.3.4.4 Emergency Support Functions To assure maximum response and efficient use of personnel and other resources, Emergency Support Functions (ESFs) are as indicated: Table 4: ESF Primary and Alternate Responsible Agencies ESF Function Primary Support ESF-1 Transportation Augusta Central Services Augusta Transit Augusta Engineering ESF-2 Communications Augusta Information Technology Augusta 311 Augusta 911 Augusta Chapter Amateur Radio Emergency Services ESF-3 Public Works Augusta Engineering Augusta Utilities Augusta Environmental Services Augusta Recreation & Parks Augusta Planning & Development Augusta Tax Assessor Augusta IT, GIS ESF-4 Firefighting Augusta Fire Department Fort Gordon Fire Augusta Regional Airport Fire Hephzibah Fire Georgia Forestry ESF-5 Emergency Management Augusta Fire/ EMA Georgia Emergency Management Agency ESF-6 Mass Care Richmond County Department of Human Services Augusta Red Cross Augusta Recreation & Parks Salvation Army of Augusta United Way of the CSRA Richmond County School System Augusta Transit Augusta Animal Services Golden Harvest Food Bank Salvation Army Augusta Housing & Community Development ESF-7 Resource Support Augusta Fire/EMA Augusta Procurement Augusta Finance Augusta Central Services ESF-8 Public Health East Central Health District Augusta Red Cross Region G Healthcare Coalition Augusta University Health Doctors Hospital University Hospital 17 Augusta Fire Gold Cross EMS Richmond County Coroner ESF-9 Search & Rescue Augusta Fire Richmond County Sheriff’s Office Georgia Emergency Management Agency ESF-10 HAZMAT Augusta Fire Richmond County Sheriff’s Office Georgia Emergency Management Agency ESF-11 Agriculture Augusta Animal Services East Central Health District County Extension Services Augusta Red Cross ESF-12 Energy Augusta Fire/EMA Augusta Utilities Georgia Power Jefferson Electric US Army Corp of Engineers ESF-13 Public Safety Richmond County Sheriff’s Office Richmond County Marshal’s Office Richmond County School System Police Hephzibah Police Blythe Police GA State Patrol ESF-14 Recovery Augusta Fire/EMA All Agencies have a roll ESF-15 Public Affairs / External Affairs Augusta Fire/EMA 2.3.4.5 Activation When the decision is made to activate the EOC, the EMA Director or designee will notify the appropriate staff members to report to the EOC. The EOC is the central point for emergency operations. The EMA staff will take action to notify and mobilize the appropriate ESFs and organizations on the EOC Activation List. Notification can take place through several different methods depending on the situation and availability of communication systems. Once the EOC is fully operational, all personnel and resources will be coordinated in support of the following general response activities: 1. Warning and emergency public information 2. Saving lives and property 3. Supplying basic human needs 18 4. Maintaining or restoring essential services 5. Protecting vital resources and the environment 6. Transportation, logistics and other emergency services 7. Manage the evacuation process 8. Damage assessment operations 9. Initial decontamination 2.3.4.6 EOC Organization Structure 1. Executive Group is composed of the following: a. County Management (Mayor and Commission) b. Municipal Mayors c. City Administrator d. EMA Director 2. Command is composed of the following: a. County EOC Manager b. ESF – 15 Public Information (PIO) 3. Operations Section is composed of the following ESF: a. ESF – 2 Communications b. ESF – 3 Public Works c. ESF – 4 Firefighting d. ESF – 5 Emergency Management e. ESF – 8 Public Health f. ESF – 9 Search & Rescue g. ESF – 10 Hazardous Material h. ESF – 11 Agriculture i. ESF – 12 Energy j. ESF – 13 Law Enforcement 4. Planning Section is composed of the following ESF: a. ESF – 5 Emergency Management b. ESF – 14 Recovery 5. Logistics Section is composed of the following ESF: a. ESF – 1 Transportation b. ESF – 2 Communications c. ESF – 5 Emergency Management 19 d. ESF – 6 Mass Care e. ESF – 7 Resources Support 6. Finance Section is composed of the following: a. County Finance Director and supporting staff b. ESF – 7 Resources Support 2.3.4.7 Situation Reports (SITREP) Every day that the EOC is open, a Situation Report (SITREP) will be produced for each operational period. The EMA Director or EOC Manager will set the operational period which usually will be 12 hours. The initial SITREP will be completed within the first four (4) hours after activation. Additional SITREPS will coincide with the EOC briefings. This SITREP does not replace the requirement to enter a Resource Request for all State level assistance. Each ESF will complete their part of the SITREP, providing a comprehensive and accurate report, and submit it. This report will include, but not limited to the following: 1. Type of disaster 2. Date and time of disaster 3. Status of mobilization of county/municipal resources 4. Initial damage 5. Immediate support required of state government 6. Casualties/Fatalities – Number dead, injured and missing 7. Roads and bridges damage or destroyed 8. Utility status – locations and number of homes/facilities without power, water, gas, communications, etc 9. Public facility damage 10. Critical Infrastructure damage (Communications, Emergency services, etc) 11. Status of local government 12. POD status 13. Shelter status 14. School status 15. Other damage Upon review and approval by the EMA Director the SITREP will be sent to the State Operations Center (SOC) by entering it into WebEOC under Statewide Significant Events and SOC Significant Events, and titled AUGUSTA-RICHMOND COUNTY SITREP the beginning of each operational period. 2.3.4.8 Briefings Schedules 1. Once the EOC has been activated, the EMA Director will conduct an Activation 20 Briefing. This will detail the situation and give the operational period objectives. 2. Once the EOC becomes operational, the EMA Director or EOC Manager will conduct regularly scheduled situational briefings. Briefing times will be determined at the beginning of activation and will be based on type and speed of incident. All ESFs may be expected to give a brief description of their priority issues as related to the EOC objectives and any unresolved concerns they have. 3. Additional briefings may be required depending on the circumstances. This may include briefings for VIPs, media, special visitors or newly arrived state or federal representatives. Coordinating Local, State and Federal Operations 1. Local responders are the first to arrive and the last to leave an emergency situation. All emergencies and/or disasters are managed at the local level. If local capabilities are exceeded, and a local emergency has been declared, state government agencies can augment assistance to meet the emergency needs of victims. 2. When municipal government determines that municipal resources are not adequate, additional resources may be requested through the EMA or the County EOC if activated. 3. State government will supplement local efforts upon request or in accordance with the Emergency Support Function (ESF) Annexes described herein. 4. The Governor or designee may execute the Georgia Emergency Operation Plan (GEOP) to support local situations when local resources are not adequate to sustain an effective response operation or when a significant state presence is required for immediate assistance. 5. State level assistance activities normally will consist of coordination and support. 6. Federal assistance will supplement state and local efforts and shall be provided under governing secretarial or statutory authorities. 7. To the extent that public law provides, any federal assistance made available to relieve the effects of an emergency or disaster in Augusta-Richmond County will be coordinated by the State Coordinating Officer (SCO) or designated authorized representative. 8. If the President authorizes federal assistance, the President will appoint a Federal Coordinating Officer (FCO). The FCO is authorized to use the full authority of the Stafford Act to reimburse response and recovery claims. County/Local Logistical Staging Area (LSAs) For emergencies requiring major mobilization of supplies, materials, equipment, and personnel prior to, during, and after the emergency, a Logistical Staging Area may be established. The LSA will receive, classify, and account for emergency relief and sustainment supplies. This area will be determined based on areas of damaged and needs. 21 Phases of Emergency Management and Corresponding Actions 2.3.7.1 Preparedness Preparedness encompasses the full range of deliberate, critical tasks and activities necessary to build, sustain, and improve the operational capability to enhance readiness and minimize impacts of disasters. General preparedness activities include but are not limited to the following: 1. Update all emergency management plans to include risk and vulnerability assessments. 2. Disaster exercises/drills (Full-scale, functional and tabletop) 3. Emergency communications tests 4. Training and workshops for EOC staff and emergency responders 5. Public awareness campaigns and educational presentations 2.3.7.2 Response Response includes activities to address the immediate and short-term actions to preserve life, property, environment, and the social and economic structure of the community. The active use of resources to address the immediate and short-term effects of an emergency or disaster constitutes the response phase and is the focus of department/agency emergency and disaster standing operating guidelines, mutual aid agreements and the ESF Annexes of this plan. 2.3.7.3 Recovery Recovery involves actions, and the implementation of programs, needed to help individuals and communities return to pre-disaster conditions. Short-term recovery actions are taken to assess the situation and return critical infrastructure systems to minimum operating status. Long-term involves the total restoration of the county’s infrastructure and economic base. For more information on recovery, please refer to the Augusta-Richmond County Recovery Plan. 2.3.7.4 Mitigation Mitigation includes those activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves on-going actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include zoning and building codes, floodplain buyouts, and analysis of hazard-related data to determine where it is safe to build or locate temporary facilities. Mitigation may include efforts to educate governments, businesses, and the public on measures they can take to reduce loss or injury. Public Information 1. Public Information Officer (PIO) a. In the event of an emergency or disaster, the Augusta Fire/EMA PIO will closely monitor the situation, receive information from the EMA Director or Deputy 22 Director and disseminate timely written and verbal information to the public. The PIO will utilize all available media sources, to include radio, television, newspaper, social media and other internet sources, and any other sources that are feasible. b. The PIO’s primary purpose is to provide information to the general public regarding the disaster and how it impacts the community. This information includes warning citizens of impending danger, the status of active disaster, pertinent information regarding evacuation, re-entry and recovery efforts. c. The PIO for Augusta-Richmond County is a member of the Command Group and will be present for all executive level meetings during emergency or disaster operations. d. Public Information operations will include the County PIO and will be supplemented with additional administrative staff. This additional staff will include PIO’s from other departments, agencies, and businesses as required. e. For information detailed information can be found in the ESF – 15 Public Information Annex. 2. Coordination During an emergency or disaster, the Augusta-Richmond County PIO will be the official spokesperson for the County. Coordination with all appropriate departments and municipalities will ensure proper emergency public information is being disseminated. 3. Media Procedures The PIO will be responsible for escorting media members into the EOC and for arranging interviews with EOC Staff. The media will not be allowed in the EOC during briefing without prior approval from the EMA Director or Deputy Director. Alert and Notification 2.3.9.1 Emergency Management Staff 1. Emergency Management Staff maintains several methods of communication for alert and notification. The primary communication method is a county cell phone which includes email and texting capability. Back-up methods include home phone and emergency notification list. 2. The EMA Director, or their designee, will coordinate with all appropriate department/agencies and organizations to ensure timely notification at the onset of a human-caused or natural incident. 2.3.9.2 State Warning Point 1. The primary method of notification for the State Warning Point is telephone at 1-800- TRY-GEMA (1-800-879-4362). 2. When notifying or alerting the State Warning Point, all reports will be done in accordance with the GEMA/HA Field Reporting Standard Operating Guide. 23 Warning The ability to warn the public of impending danger or orders of evacuation is a priority in any emergency operation. There are many methods to communicate emergency messages to the general public, the business community and transient population. Official warnings can come from the local, state and federal government. Augusta Emergency 911 Telecommunications Center serves as the County Public Safety Answering Point (PSAP) for all incidents and is located at 911 Fourth Street Augusta, GA 30901. Evacuation 1. Evacuation is the controlled movement and relocation of persons and property necessitated by the threat of a natural, technological, or human-caused disaster. The evacuation of large numbers of people from vulnerable areas will stress the limited capabilities of the county’s road network. Therefore, a major evacuation must be initiated as soon as feasible. Direction, control, and coordination with all appropriate departments/agencies will be conducted through the County EOC. 2. The EMA Director, or designee, will coordinate the evacuation routing to shelters, and the provision of transportation, shelter, and congregate care. 3. The EMA Director, or designee, will provide detailed evacuation information to the public, through the Public Information Officer, to facilitate the evacuation. Request for Assistance 1. If local capabilities are exceeded, and a local emergency has been declared, a Resource Request for state and/or federal assistance shall be presented to the SOC through WebEOC, or through the Area Field Coordinator if WebEOC is unavailable. 2. When municipal governments determine that municipal resources are not adequate, additional resources may be requested through the EMA Director or the County EOC, if activated. 3. All needs must go through the process of being filled with local resources, resources for which contracts are in place, or donated resources before a request is made to the state. Once all local resources have been exhausted, the Operations Desk will make the appropriate request to the State for resources. 4. There are many methods of resource requests that can be utilized. The primary method is the State WebEOC. All required information is included in the Resource Request board. If the system fails or is unavailable, the following methods are acceptable: a. Area Field Coordinator liaison. b. Phone 1-800-TRY-GEMA (1-800-879-4362) c. E-mail 24 Organization and Assignment of Responsibilities 3.1 General Most departments/agencies of government have emergency functions in addition to their normal, day-to-day duties. These emergency functions usually parallel or complement normal functions. Each department/agency is responsible for developing and maintaining its own emergency management procedures. 3.2 Organization 1. Chief elected officials 2. ESF 1 – Transportation 3. ESF 2 – Communications 4. ESF 3 – Public Works 5. ESF 4 – Firefighting 6. ESF 5 – Emergency Management 7. ESF 6 – Mass Care 8. ESF 7 – Resource Support 9. ESF 8 – Public Health 10. ESF 9 – Search and Rescue 11. ESF 10 – HAZMAT 12. ESF 11 – Agriculture 13. ESF 12 – Energy 14. ESF 13 – Public Safety 15. ESF 14 – Recovery 16. ESF 15 – External Affairs 3.3 Assignment of Responsibilities Specific responsibilities are listed according the ESF. All ESFs will send a representative to all planning meetings in the event of the activation of the EOP. All necessary ESFs will send a representative to the EOC upon activation. Chief Elected Officials 1. Disaster declarations 2. Evacuation orders 3. Re-entry decisions 4. Other protective action decisions as necessary 5. Providing legal advice as required 25 6. Performing other necessary legal functions 7. Serving as a liaison with other legal and judicial agencies and sections of the government Emergency Support Functions (ESFs) The EOP applies a functional approach that groups the capabilities of municipal and county departments and some volunteer and non-government organizations into ESFs to provide the planning, support, resources, program implementation, and emergency services that are most likely to be needed during disaster or emergency incidents. The County response to actual or potential disasters or emergencies is typically provided through the full or partial activation of the ESF structure as necessary. The ESFs serve as the coordination mechanism to provide assistance to municipal governments or to County departments and agencies conducting missions of primary County responsibility. Each ESF is comprised of primary and support agencies. The EOP identifies primary agencies on the basis of authorities, resources, and capabilities. Support agencies are assigned based on resources and capabilities in a given functional area. The resources provided by the ESFs reflect categories identified in the NIMS. ESFs are expected to support one another in carrying out their respective roles and responsibilities. Additional discussion on roles and responsibilities of ESF primary agencies, and support agencies can be found in the introduction to the ESF Annexes. Note that not all disaster or emergency incidents result in the activation of all ESFs. It is possible that an incident can be adequately addressed by agencies through activation of certain EOP elements without the activation of ESFs. Similarly, operational security considerations may dictate that activation of EOP elements be kept to a minimum, particularly in the context of certain terrorism prevention activities. The primary department/departments for each ESF maintain(s) working relations with its associated private-sector counterparts through partnership committees or other means (e.g., ESF 2, Communications - telecommunications industry; ESF 10, Hazardous Materials - oil and hazardous materials industries; etc.). 3.3.2.1 ESF 1 – Transportation 1. Support and assist municipal, county, private sector, and voluntary organizations requiring transportation. 2. Coordinate rail management with state and PSP partners. 3. Movement restrictions, evacuation, and re-entry coordination. 4. Restoration and recovery of transportation infrastructure. 5. Damage and impact assessment. 6. Send a representative to the EOC as requested. 3.3.2.2 ESF 2 – Communication 1. Provide communication plans and systems for disaster response. 26 2. Communications with telecommunication providers and operators. 3. Coordination of restoration and repair of telecommunication systems. 4. Protection, restoration and sustainment of cyber systems and resources. 5. Damage assessment of critical communication systems in disasters. 6. Send a representative to the EOC as requested. 3.3.2.3 ESF 3 – Public Works 1. Water Sector Critical Infrastructure Assessment, Protection, and Technical. 2. Boil water advisories. 3. Infrastructure restoration and coordination. 4. Damage assessment to critical infrastructure system. 5. Water sample collection assistance. 6. Maintaining designated major streets and avenues, highways, and other designated routes of travel. 7. Assisting with heavy rescue. 8. Decontamination. 9. Engineering services as required. 10. Transportation. 11. Debris management and removal. 12. Inspection of shelter sites for safe occupancy. 13. Inspection of damaged buildings, public and private, for safe occupancy. 14. Enforcement of building codes. 15. Maintenance of vehicles and other essential equipment of the various departments and agencies. 16. Maintenance of a reserve supply of fuel. 17. Provisions for the immediate repair of emergency service vehicles and equipment, both in the field and in the shop, as the situation permits. 18. Send a representative to the EOC as requested. 3.3.2.4 ESF 4 – Firefighting 1. Command and coordination of firefighting activities. 2. Search and rescue. 3. Decontamination. 4. Damage assessment. 5. Send a representative to the EOC as requested. 3.3.2.5 ESF 5 – Emergency Management 27 1. Coordination of emergency management program and EOP. 2. Staff and manage EOC. 3. Comprehensive all-hazard emergency preparedness planning. 4. Manage all-hazard emergency preparedness training and education. 5. Coordination of incident management and response efforts. 6. Disseminate emergency public information. 7. Preparation and management of Incident Action Plan. 8. Maintain situational awareness. 9. Coordinate assistance from other jurisdictions. 10. Coordinate resource requests through State Operation Center (SOC). 11. Financial management coordination in disasters. 12. Collection, compilation and dissemination of damage assessment reports. 3.3.2.6 ESF 6 – Mass Care 1. Status reporting of mass care, shelter, human services activities to SOC. 2. Providing the use of facilities for emergency public education. 3. Providing facilities for emergency housing of evacuees and relief forces. 4. Providing facilities for emergency first aid stations, emergency hospitals, or emergency morgues. 5. Providing personnel for shelter managers and staff. 6. Providing recreation plans for shelter occupants’ use during shelter-stay period. 7. Coordinating transportation. 8. Supporting shelter managers. 9. Emergency welfare services. 10. Emergency lodging. 11. Emergency feeding. 12. Emergency clothing. 13. Emergency registration and inquiry. 14. Coordinating services for the area homeless population. 15. Coordinating religious services. 16. Coordinating private welfare groups. 17. Identifying non-English-speaking persons and provisions for translation. 18. Identifying special needs population (by culture, language, or age-specific requirements). 28 19. Maintaining an up-to-date list and supporting memorandums of agreement (MOAs) with shelter facilities and their points of contact. 20. Send a representative to the EOC as requested. 3.3.2.7 ESF 7 – Resource Support 1. Maintaining a list of suppliers, vendors, and items of critical emergency need. 2. Supports volunteer services, County agencies, and municipal governments tracking, providing, and/or requiring resource support. 3. Logistics planning, management and coordination (Mutual Aid). 4. Coordination of incident facilities, equipment and supplies in disasters. 5. Coordination of contract services in disasters (food, water, commodities, and transportation). 6. Status reporting of logistics and resource activities to the EOC. 7. Send a representative to the EOC as requested. 3.3.2.8 ESF 8 – Public Health 1. Emergency medical treatment and triage. 2. Emergency medical care information and coordination. 3. Emergency hospital treatment information and coordination. 4. Traditional hospital medical services. 5. Limited on-site decontamination. 6. Identification of local health facilities, including hospitals, clinics, dialysis centers, and nursing or rehabilitation centers, and supplying and using medical and health items. 7. Medical support to shelters. 8. Health advisories. 9. Inoculations for the prevention of disease. 10. Identification of special needs populations, including the elderly and very young, and populations requiring specific life-saving services (e.g., dialysis or assistance with breathing). 11. Assisting with special needs evacuation. 12. Hospital evacuation. 13. Emergency medical transportation. 14. Emergency interment coordination. 15. Sanitation and pest control as required. 16. Send a representative to the EOC as requested. 3.3.2.9 ESF 9 – Search & Rescue 29 1. Coordination of search activities in disasters. 2. Coordination of rescue activities in disasters. 3. Coordination of search and rescue resources. 4. Send a representative to the EOC as requested. 3.3.2.10 ESF 10 – Hazardous Materials (HAZMAT) 1. Coordination of hazardous material response activities. 2. Coordination of environmental protection and long term clean up. 3. Send a representative to the EOC as requested. 3.3.2.11 ESF 11 – Agriculture 1. Coordination with ESF 6 and County Board of Education for nutrition assistance. 2. Control and eradication of an outbreak of a highly contagious or economically devastating animal/zoonotic disease. 3. Assurance of food safety and food security. 4. Coordination with ESF 6 and ESF 8 for the safety and well-being of household pets during an emergency response or evacuation. 5. Protection of natural and cultural resources and historic properties. 6. Send a representative to the EOC as requested. 3.3.2.12 ESF 12 – Energy 1. Assessment, repair and restoration of damaged energy systems and components. 2. Coordinate private sector energy industry and fuel industry restoration efforts. 3. Prepare energy forecast and assessments for disasters. 4. Coordination for fuel resupply of emergency vehicles & generators. 5. Send a representative to the EOC as requested. 3.3.2.13 ESF 13 – Public Safety 1. Maintaining law and order. 2. Traffic and crowd control. 3. Protecting vital installations. 4. Controlling and limiting access to the scene of the disaster. 5. Assist with movement restrictions, evacuation, and re-entry coordination. 6. Support transportation strike teams. 7. Supplementing communications. 8. Assisting with all evacuation efforts. 9. Assisting with search and rescue. 30 10. Security planning and technical resource assistance. 11. Send a representative to the EOC as requested. 3.3.2.14 ESF 14 – Recovery 1. Damage, social, and economic impact assessment in disasters. 2. Long-term community recovery assessment and coordination. 3. Analysis of mitigation program activities. 3.3.2.15 ESF 15 – External Affairs 1. Public information and protective action guidance dissemination. 2. Media and community relations. 3. Coordination of Joint Information Centers. 4. VOAD and donation management. 3.3.2.16 Local Emergency Planning Committee 1. Furnish information, including maps or materials, as needed, for the EMA Director. This includes Tier II reports and other industry-specific information to produce general detailed planning for chemical, transportation, or industrial accidents. 2. Augment EOC staff as necessary State Government Department and Agencies Support from other State government departments and agencies may be requested through the Georgia Emergency Management and Homeland Security Agency (GEMA/HS) State Operations Center by submitting a Resource Request through WebEOC. Private Sector Organizations EOP primary and support agencies coordinate with the private sector to effectively share information, form courses of action, and incorporate available resources to prevent, prepare for, respond to, and recover from disasters and emergencies. 3.3.4.1 Roles The roles, responsibilities, and participation of the private sector during a disaster or emergency incident vary based on the nature of the organization and the type and impact of the incident. The roles of private-sector organizations are summarized below. 1. Impacted Organization or Infrastructure Private-sector organizations may be affected by direct or indirect consequences of the incident, including privately owned critical infrastructure, key resources, and those main private-sector organizations that are significant to regional economic recovery from the incident. Examples of privately owned infrastructure include transportation, telecommunications, private utilities, financial institutions, and hospitals. 2. Response Resource 31 Private-sector organizations provide response resources (donated or compensated) during an incident - including specialized teams, equipment, and advanced technologies - through public-private emergency plans, mutual aid agreements, or incident specific requests from government and private-sector-volunteer initiatives. 3. Regulated and/or Responsible Party Owners/operators of certain regulated facilities or hazardous operations may bear responsibilities under the law for preparing for and preventing incidents from occurring, and responding to an incident once it occurs. For example, some activities are required by law or regulation to maintain emergency preparedness plans, procedures, and facilities and to perform assessments, prompt notifications, and training for a response to an incident. 4. Emergency Organization Member Private-sector organizations may serve as active partners in emergency preparedness and response organizations and activities. 3.3.4.2 Responsibilities Private-sector organizations support the EOP (voluntarily or to comply with applicable laws and regulations) by sharing information with the government, identifying risks, performing vulnerability assessments, developing emergency response and business continuity plans, enhancing their overall readiness, implementing appropriate prevention and protection programs, and donating or otherwise providing goods and services through contractual arrangement or government purchases to assist in response to and recovery from an incident. Certain organizations are required by existing law and regulation to bear the cost of planning and response to incidents, regardless of cause. In the case of an Emergency or disaster, these private-sector organizations are expected to mobilize and employ the resources necessary and available in accordance with their plans to address the consequences of incidents at their own facilities or incidents for which they are otherwise responsible. Response Resources Unless the response role is inherently governmental (e.g., law enforcement, etc.), private-sector organizations are encouraged to develop and maintain capabilities to respond to and manage a complete spectrum of incidents and emergencies. The County Government maintains ongoing interaction with the critical infrastructure and key resource industries to provide coordination for prevention, preparedness, response, and recovery activities. When practical, or when required under law, private-sector representatives should be included in planning and exercises. In some cases, the government may direct private-sector response resources when they have contractual relationships, using government funds. Non-Governmental and Volunteer Agencies Volunteer agencies, such as the American Red Cross, faith-based organizations, and assistive organizations, such as the Salvation Army, are available to give assistance 32 with sheltering, feeding, and other issues, as necessary. Nongovernmental and volunteer organizations collaborate with first responders, governments at all levels, and other agencies and organizations providing relief services to sustain life, reduce physical and emotional distress, and promote recovery of disaster victims when assistance is not available from other sources. For example, the American Red Cross is an NGO that provides relief at the local level and also supports the Mass Care element of ESF 6. Community-based organizations receive government funding to provide essential public health services. The Voluntary Organizations Active in Disaster (VOAD) is a consortium of over 60 recognized organizations of volunteers active in disaster relief. Such entities provide significant capabilities to incident management and response efforts at all levels. For example, the wildlife rescue and rehabilitation activities conducted during a pollution emergency are often carried out by private, nonprofit organizations working with natural resource trustee agencies. Citizen Involvement Strong partnerships with citizen groups and organizations provide support for incident management prevention, preparedness, response, recovery, and mitigation. The US Citizen Corps brings these groups together and focuses efforts of individuals through education, training, and volunteer service to help make communities safer, stronger, and better prepared to address the threats of terrorism, crime, public health issues, and disasters of all kinds. Citizen Corps The Citizen Corps works through a Citizen Corps Council that brings together leaders from law enforcement, fire, emergency medical and other emergency management, volunteer organizations, elected officials, the private sector, and other community stakeholders. Citizen Corps Councils Implement Citizen Corps programs, which include Community Emergency Response Teams (CERTs), Medical Reserve Corps, Neighborhood Watch, Volunteers in Police Service, and the affiliate programs; provide opportunities for special skills and interests; develop targeted outreach for special-needs groups; and organize special projects and community events. Citizen Corps Affiliate Programs expand the resources and materials available to communities through partnerships with programs and organizations that offer resources for public education, outreach, and training; represent volunteers interested in helping to make their communities safer; or offer volunteer service opportunities to support first responders, disaster relief activities, and community safety efforts. Other programs unaffiliated with Citizen Corps also provide organized citizen involvement opportunities in support of response to major disasters and other emergencies. 33 Continuity of Government (COG)/Continuity of Operations Plan (COOP) Local governments and jurisdictions must be prepared to continue their minimum essential functions throughout the spectrum of possible threats from natural disasters through acts of terrorism. COG/COOP planning facilitates the performance of local government and services during an emergency that may disrupt normal operations. Contingency plans for the continuity of operations of vital government functions and jurisdictions will allow agencies to continue their minimum essential operations and maintain authority. These plans include the spectrum of possible threats from natural disasters through acts of terrorism. Continuity of Government (COG) and Continuity of Operations (COOP) measures will establish lines of personnel succession, ensuring that authority is delegated to appropriate personnel prior to an emergency. Executive office personnel and department managers will identify, notify, and train the individuals next in line. In addition, personnel will be familiar with alert, notification and deployment procedures to provide for command and control of response and recovery operations. The Mayor, with assistance from the EMA director, is responsible for the following, but not limited to: 1. Identifying essential positions and Lines of Succession. 2. Determining essential functions and processes that must be maintained during an emergency or disaster. 3. Establishing measures for the protection and safeguarding of vital records and critical applications. 4. Maintaining essential communications resources. 5. Identification of alternate operating facility and capabilities. 6. Priorities for recovery of processes, functions, critical applications and vital records. 4.1 Succession of Command for Local Government 1. Mayor Pro Tem 2. County Commission 3. City Administrator 4. EMA Director 4.2 Mission Essential Positions Augusta-Richmond County executes its mission through numerous separate agencies. The following positions within those agencies are designated as Priority Employees for Augusta-Richmond County. 1. County Commissioner 2. City Administrator 34 3. EMA Director 4. Sheriff 5. Fire Chief 6. Tax Assessor 7. Tax Commissioner 8. Information Technology Director 9. Public Information Officer 10. Finance Director 11. Procurement Director 12. Coroner 13. E-9-1-1 Director 4.3 Mission Essential Functions and Processes Mission Essential Functions When confronting events which disrupt normal operations, Augusta-Richmond County is committed to providing mission essential functions which must be continued even under the most challenging emergency circumstances. The Mayor for Augusta-Richmond County has identified mission essential functions as only those most critical activities which ensure the safety and security of system users, employees, contractors, and the general public; and support the restoration of internal operations and facilitate emergency response operations. During activation of the COOP, all activities not identified as essential may be suspended to enable Augusta-Richmond County to concentrate on providing mission essential functions and building the internal capabilities necessary to increase and eventually restore operations. Appropriate communications regarding restoration of the suspended functions with regular or expected users will be a priority. Augusta-Richmond County’s mission essential functions, organized by area of responsibility, are identified below in descending order of priority: 1. Emergency Management 2. Law Enforcement 3. Fire/Hazmat services 4. Communications (911) 5. Sheltering, Feeding 6. Medical Services 7. Power, Electricity, Fuel 8. Transportation 35 9. Water, Wastewater Services 10. Agricultural Services Mission Essential Processes Augusta-Richmond County has also identified essential processes, services, systems, and equipment necessary to support each mission essential function, as well as key personnel required. Augusta-Richmond County’s mission essential business processes are identified below in descending order of priority. Priority 1-4 processes are essential to immediate needs. 1. Emergency Operations Center 2. Public Safety (Law Enforcement, Fire, EMS) 3. 911 Communications 4. Public Affairs 5. Finance and Administration Priority 5-10 processes can be deferred until post-event and reconstitution activities. 6. Education services 7. Business/Commerce Management 8. Non-essential County Operations (Tax assessment, Zoning commission, etc.) 9. Hazard Mitigation 10. Training 4.4 Relocation of Government Alternate Facilities Augusta-Richmond County recognizes that normal operations may be disrupted and that there may be a need to perform mission essential functions at alternate facilities. The objective of this plan is to assure that the capability exists to continue Augusta- Richmond County’s functions for mission essential internal business processes. In selecting the alternate facility, Augusta-Richmond County identified its capability to support mission essential functions. In addition, depending on the emergency conditions, Augusta-Richmond County also has access to additional facilities that could support essential functions. To ensure adequate support for personnel located at alternate facilities, Augusta- Richmond County has addressed requirements for food, transportation, lodging, daycare, and counseling services (if necessary). Augusta Fire Administration has been designated as the primary alternate site for Augusta-Richmond County. The site is designated as such for the following reasons: 1. Augusta Fire Administration is not close to the central location of the Augusta 36 government buildings. 2. Existing security access controls. 3. Ready access via interstate highway. 4. Available office space and utilities to support center operations and large numbers of staff. 5. Minimum essential communications capabilities. Logistics Support Logistics support for the alternate site: 1. Cleaning, Sanitation, and trash removal at least once per day. 2. Inventory and prioritize records, documents and information systems vital to COOP; provide for their security, access and redundancy as necessary. 3. Provide for the collection of data during the execution of COOP activities and post event analysis. 4. Develop an after-action report to document the chronology of events and lessons learned. 5. Update COOP plans based on actual operational experience. Resources Requirements Resources requirements for the alternate site during COOP issues/incidents: 1. Expansion for temporary work stations to support additional state and/or federal partners (incident dependent) 2. Security operations to confirm that all personnel entering the facility are authorized. 4.5 Vital Records and Data Management Preservation of Records addresses the protection of essential records (e.g., vital statistics, deeds, corporation papers, operational plans, resource data, personnel and payroll records, inventory lists, laws, charters, and financial documents) by the appropriate agency following an emergency or disaster. Governments will plan for preservation of succession and delegation of authority and records necessary for carrying out governments legal and financial functions and the protection of legal and financial rights of citizens. Augusta-Richmond County has identified vital records and databases, which must be available to support essential functions. Augusta-Richmond County has also identified vendors and contractors available to support restoration of vital records, systems, and/or processes. Communications Communications systems must support connectivity to internal organizations, other agencies, critical customers, and the public. To ensure communications during COOP events, Augusta-Richmond County has identified primary and alternate modes of 37 communication. 1. Primary: land-line and/or Augusta-Richmond County issued cellular telephones, internet e-mail. 2. Alternate: Satellite phone on the MEOC. Information Technology 1. Wireless network infrastructure support, to include network hardware and connectivity to available internet access. 2. Wired network infrastructure support to include network hardware, connectivity to vendor provided internet access. 3. Prepositioned phones and switches to support wired and wireless network. 4. Establish alternate connectivity to agency resources if HQ is inaccessible via the internet. Public Information 1. Communicate key messages to help protect citizens. 2. Educate Georgians on emergency preparedness. 3. Document important information for future use. 4. Provide Public Information Officers for website support, responding to media inquiries, and to be spokespersons for TV/Radio interviews. 5. Constituent/Elected Officials Liaison to respond to inquiries from elected officials and the general public. 6. Administrative support for information technology, publications and general administrative support to staff. Finance and Administration Section 1. Initiates processing and tracking of expenditures. 2. Assists with the logistical efforts relative to purchasing and travel. 3. Provides internal direction for tracking staff overtime and compensatory time. 4. Provides coordination among affected state agency finance officers relating to event reimbursement process. 5. Coordinates with the Governor’s Office of Planning and Budgeting concerning requirements related to budget authority, state match funding and funding of other state costs incurred as a result of the event. Vital Records (Safeguards) Records and data consist of those documents, publications, and other information regardless of media that are essential to execution of Augusta-Richmond County’s emergency management mission, reconstitution of Augusta-Richmond County’s emergency management infrastructure and the reconstitution of the Augusta- 38 Richmond County’s organization. Records and data management also include provisions for back-up IT (IT) capabilities. Refer to the Georgia State Government Record Retention Schedule and Policies https://www.georgiaarchives.org/records/retention_schedules Emergency Operating Records 1. The Augusta-Richmond County Director of Finance has identified internal records specific to the administration of Augusta-Richmond County not accessible in state systems and databases. Those financial files are backed-up daily to tape and securely stored in accordance with Augusta-Richmond County IT procedures. 2. Items essential to the functioning of Augusta-Richmond County’s critical business processes are maintained in hard copies, on network servers and secured tape back-up system in accordance with Augusta-Richmond County IT procedures. These records include: local emergency operations plans (LEOPs; documentation associated with declarations of state emergencies as determined by the Public Assistance Division of Augusta-Richmond County; applications for a state or presidential disaster declaration; recall lists and process specific documentation such as Public Assistance generated document and electronic files for projects and associated financial records necessary for grant administration. These public assistance records are used in conjunction with the data and information available through FEMA. 3. Items essential to the execution of Augusta-Richmond County’s emergency management mission including Geographic Information System (GIS) based date and information products created and maintained by other county and local organizations. 4.5.5.1 Designation of Augusta-Richmond County Essential Records and Data The following records are designated as essential to Augusta-Richmond County’s mission. a. Local Emergency Operations Plans and Mutual Aid Agreements b. COOP c. Declarations of Emergency d. Requests for and approved State or Presidential Disaster Declarations e. EOC Procedures and Protocols f. Master Contacts and Recall Lists g. Inventories for equipment, communications and IT systems h. Delegations of authority for Augusta-Richmond County i. Strategic and Domestic Preparedness Plans j. Threat and Vulnerability Analyses k. Training records l. Public Assistance regulations and associated documents to include NEMIS capabilities 39 m. Crisis Communication Plan n. Pre-scripted Press Releases o. Field Coordinator, School Safety, GA DOT road maps p. Demographic information on areas within Augusta-Richmond County q. Access to PIER, Master Contacts, and other databases r. Necessary financial management tools and documents 4.5.5.2 The Augusta-Richmond County EMA Director, or Designee, shall: 1. Coordinate with state agencies designated as Priority Organizations to ensure that records and documents needed by those agencies to execute their ESF and EOC responsibilities are available at the EOC or alternate facility as needed. 2. Ensure the alternate site at Augusta Fire Administration provides the functional capabilities for Augusta-Richmond County’s mission critical applications and databases. 4.5.5.3 Information Technology Recovery Augusta-Richmond County’s IT section is responsible for all of Augusta-Richmond County’s information and networking systems, Augusta-Richmond County is dependent upon the IT’s ability to implement the IT Disaster Recovery Plan. Augusta-Richmond County IT staff shall: 1. Create a “hot site” if needed, to provide functional capabilities for Augusta-Richmond County’s mission critical applications and databases. This includes capabilities for remote access and networks. System requirements are specified in the Augusta- Richmond County IT Recovery Protocol. 2. Ensure the backup of all servers based shared applications and associated databases supporting the EOC on a daily basis. Direction, Control, and Coordination 5.1 Authority to Initiate Actions The decision to activate the EOP will be made by one the following responsible public official(s) and the on-scene commander within the jurisdiction. a. Mayor or Mayor Pro Tem b. City Administrator c. EMA Director 5.2 Command Responsibility for Specific Actions General Guidance of Emergency Operations Direction and control of disaster situations and other emergency operations will be coordinated from the County EOC, located at 452 Walker Street. 40 Direction of Response Responsible for overall direction of the disaster response activities of all of the jurisdiction’s departments and agencies. During emergencies, those responsibilities will be carried out normally from the EOC. 1. The Mayor has the responsibility for addressing threats to his or her jurisdiction. This authority shall include, but not be limited to, the declaration of an emergency condition or disaster declaration within the political jurisdiction. 2. EMA Director will act as the chief advisor to the Mayor during any declared emergency affecting the people and property of the jurisdiction. Various agencies and departments under the direction of the jurisdiction’s EMA Director will conduct emergency operations. 3. Personnel assigned to the following roles will be required to complete NIMS Incident Command System and position specific training within 1 year of being assigned to the position. a. EOC Director b. Incident Commander c. Planning Chief d. Operations Chief e. Logistics Section Chief f. Finance and Administration Chief g. ESF Leads 4. State and Federal officials will coordinate their operations through the jurisdiction’s elected or appointed officials or their designated representatives. Information Collection and Dissemination Disaster information managed by Augusta-Richmond County EOC is coordinated through Emergency Support Function representatives located in the EOC. These representatives collect information from and disseminate information to counterparts in the field. These representatives also disseminate information within the EOC that can be used to develop courses of action and manage emergency operations. Detailed procedures that identify the type of information needed, where it is expected to come from, who uses the information, how the information is shared, the format for providing the information, and specific times the information is needed are maintained at the Augusta-Richmond County EOC. Communications Communication protocols and coordination procedures are described in detail in the (City/County/State) (Name of Communications Plan). Please refer to this plan for 41 additional information. Administration, Finance, and Logistics 8.1 Appointment of Officials All departments, offices, or other authorities should appoint personnel who have decision making authority under emergency conditions prior to an event. 8.2 Administration A large-scale emergency or disaster will place great demands on Augusta-Richmond County’s resources. Distribution of required resources may be made difficult by such emergencies. Coordination with appropriate departments will be conducted to ensure that operational readiness is maintained at all times. Administrative procedures will be conducted in accordance with existing county rules, regulations, and policies. 8.3 Finance 1. Expenditures of county monies for emergency operations will be conducted in accordance with the county ordinance or policy. In addition, state and federal monies may become available to assist in the disaster effort. Accounting for the expenditures of the federal, state, and county monies will be subject to audits, both internally and externally. 2. Individual departments are responsible for collecting, reporting, and maintenance of records documenting disaster costs. The Finance Director will be responsible for collecting the data from all departments and compiling it for a total cost. 8.4 Logistics 1. Individual government agencies and augmentation forces will utilize and track supplies, operational aids, and transportation under control of their organizations. Additional supplies, transportation, and manpower required will be requested through the County EOC. 2. Resource management including, but not limited to, financial records, reporting, and resource tracking) is included in ESF 7- Resource Support. 3. Augmentation of the response staff will be done in compliance with published Augusta-Richmond County ordinances. 8.5 Local Agreements and Understandings 1. Chatham County Critical Transportation Need Evacuation Agreement 2. Aiken County Mutual Aid Agreement 3. North Augusta Mutual Aid Agreement 4. Jefferson Energy Memorandum of Understanding 5. Edgefield County Mutual Aid Agreement 42 6. Augusta University Memorandum of Understanding 7. AU Canine Housing Agreement 8.6 Additional Policies 1. Procurement Emergency Purchasing Policy 2. Inclement Weather/ Emergency Condition Administrative Rule Plan Development and Maintenance 9.1 Development 1. The EMA Director is responsible for coordinating emergency planning. 2. ESF representatives for each agency are responsible for supporting emergency planning. 9.2 Maintenance Requirements 1. Changes should be made to plans and appendices when the documents are no longer current. Reasons to review and update a plan may include, but are not limited to: a. A major incident b. The impacts of an incident based on an exercise or AAR c. Change in operational resources or elected officials d. Change in the concept of operations for emergencies e. Change in warning and communications systems f. Change in hazards or threats g. Updated planning standards or guidance h. New and/or amended laws and i. Grammatical errors or programmatic changes 2. The EMA Director will maintain, distribute, and update the EOP. Responsible officials in County or municipal agencies should recommend changes and provide updated information periodically (e.g., changes of personnel and available resources). Revisions will be forwarded to people on the distribution list. 3. Directors of supporting agencies have the responsibility of maintaining internal plans, SOPs, and resource data to ensure prompt and effective response to and recovery from emergencies and disasters. 43 Review and Update 9.2.2.1 Review All Plans, Policy Manuals, and/or Standard Operating Guides/Procedures are required to be reviewed annually. Any plan “reviewed” will have three potential findings: 1. No Action Required, 2. Partial Update Required (Admin Update), or 3. Full Update Required (Operational or Organizational changes to plan) If the Plan, Policy Manual, and/or Standard Operating Guide/Procedure has a “No Action Required” finding, then it will be given an automatic 12-month extension. If the Plan, Policy Manual, and/or Standard Operating Guide/Procedure has an “Update Required” finding, then it will be scheduled for an (Partial or Full) update. Partial Updates will not change the approval date of the original plan. 9.2.2.2 Update 1. Partial update: Partial Updates are generally categorized as administrative updates or corrections and do not substantially change the original intent and purpose of the plan. Partial updates can be annotated on the Record of Change table of the plan. Those changes will be distributed to those listed on the Distribution List table. 2. Full Update: All Plans, Policy Manuals, and/or Standard Operating Guides/Procedures are required to be fully updated within 48-months of the Promulgation date. Based on the Review, the original Planning Lead or responsible Section Manager will determine the level or effort of the plan Update. Full Updates require that the formal planning process be used; stakeholder engagement, content review and comment. The entire plan will require a new signature and distribution to those listed on the Distribution List table. All Updates of existing plans will have the following statement inserted in the Record of Changes table (Description of Change column); “This version supersedes Full Name and Date of Plan, which is rescinded.” 3. Rescind: Any plan that has outlived its usefulness or that has become obsolete may be Rescinded. In consultation with the Mayor, the EMA Director may recommend that applicable plan(s) be Rescinded. Any plan scheduled for Rescindment will require formal notification to all plan stakeholders stating that the plan is rescinded. Authorities and References 10.1 Legal Authority Federal 1. The Robert T. Stafford Disaster Relief and Emergency Assistance, Public Law 93- 44 288 as amended 2. 42 USC, Chapter 139 Volunteer Protection State 1. O.C.G.A. § 38-3 Emergency Management 2. O.C.G.A. § 51-1-29.2 Liability of Persons/Entities Acting During Catastrophic Acts of Nature Local 1. Ordinance No. 7698 Emergency Management Ordinance 2. Sec. 1-10-57 Emergency Procurement Selection Method 10.2 References Federal 1. Comprehensive Preparedness Guide (CPG) 101: Developing and Maintaining State, Territorial, Tribal, and Local Government Emergency Plans, March 2009. 2. Homeland Security Exercise and Evaluation Program (HSEEP), February 2007. 3. National Incident Management System (NIMS), December 2008. 4. National Response Framework, Federal Emergency Management Agency, January 2008. State 1. Georgia Emergency Operations Plan (GEOP), 2017 2. State of Georgia Continuity of Government Plan, 2017 3. Georgia Emergency Management and Homeland Security Agency Plans Standardization and Maintenance, May 2018 Local 1. Georgia Emergency Management Agency-Homeland Security Statewide Mutual Aid and Assistance Agreement 2. Inter-local agreement(s) 45 This Page Intentionally Left Blank This Page Intentionally Left Blank This Page Intentionally Left Blank Commission Meeting Agenda 11/4/2020 2:00 PM Vendor Award - RFP 20-154 Consulting Services - EMS Director Department:Fire Department:Fire Caption:Motion to approve the award of RFP # 20-154 Consulting Services - EMS Director for Augusta Fire Department to Augusta University for an initial term of three (3) years with the possibility of two (2) additional one (1) year extensions. The fee will be for $44,000.00 per year. Background:The Augusta Fire Department, through the Augusta Procurement Department Bid process, requested bids for Consulting Services for EMS Director. Analysis:Augusta University was the sole compliant vendor in response to RFP #20-154 Consulting Services - EMS Director for Augusta Fire Department. After grading their submission, Augusta University received an acceptable score from the evaluation committee. Financial Impact:Augusta University will provide Consulting Services for EMS Director for $44,000 per year. This contract will have an initial term or three (3) years with the possibility of two additional one (1) year extensions. Alternatives:None Recommendation:To approve the Motion to approve the award of Bid Item RFP #20-154 Consulting Services - EMS Director for Augusta Fire Department to Augusta University. Funds are Available in the Following Accounts: Funds are available in the Fire Department Operational budget 274034110-5212999 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until Friday, July 24, 2020 @ 11:00 a.m. (Opening via ZOOM) for furnishing: RFP Item # 20-154 Consulting Services – EMS Medical Director for Augusta, GA - Fire Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Pre Proposal Conference will be held on Wednesday, July 8, 2020, @ 10:00 a.m. via ZOOM. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, July 10, 2020, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 11, 18, 25, July 2, 2020 Metro Courier June 11, 2020 Revised: 2/17/2016 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Original 8 Copies Fee Proposal Locums Inc. 5050 Bent Creek Ct. Sugar Hill, GA 30518 Non-Complaint No Business License 1564224 Yes Yes Yes Yes Augusta University Medical Associates, Inc. 1499 Walton Way, Suite 1400 Augusta, GA 30901 Yes 597655 Yes Yes Yes Yes RFP Item #20-154 Consulting Services - EMS Medical Director for Augusta, Georgia – Fire Department RFP Date: Friday, July 24, 2018 @ 11:00 a.m. Total Number Specifications Mailed Out: 14 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 26 Total Number Specifications Mailed Out to Local Vendors: 466 Pre Proposal Telephone Conference Attendees: 8 Total Packages Submitted: 2 Total Noncompliant: 1 Page 1 of 1 Augusta University Medical Associates, Inc. 1499 Walton Way, Suite 1400 Augusta, GA 30901 Locums Inc. 5050 Bent Creek Ct. Sugar Hill, GA 30518 Augusta University Medical Associates, Inc. 1499 Walton Way, Suite 1400 Augusta, GA 30901 Locums Inc. 5050 Bent Creek Ct. Sugar Hill, GA 30518 Ranking of 0-5 Ranking of 0-5 Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS Fail PASS Fail 2. Qualifications & Experience (0-5)20 5.0 100 3. Organization & Approach (0-5)15 4.5 67.5 4. Scope of Services: • Executive Summary - qualifications, understanding of the work to be done. • Project Approach - Quality performance and responsiveness to project requirements addressed. • Management Plan - Related experience, estimated project hours, quality & cost control addressed. • Consultant Information - Firm details provided, similar projects completed, key personnel addressed. (0-5)15 2.0 30 5. Financial Stability (0-5)10 5.0 50 6. References (0-5)5 5.0 25 Within Richmond County 5 10 5 50 Within CSRA 5 6 0 Within Georgia 5 4 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0  All Others 5 1 0 26.5 322.5 8. Presentation by Team (0-5)10 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 Lowest Fees 5 10 5 50 0 Second 5 6 0 0 Third 5 4 0 0 Forth 5 2 0 0 Fifth 5 1 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 0 50 0 31.5 0 372.5 0 Procurement DepartmentRepresentative:___________Nancy Williams______________________________ Procurement Department Completion Date: __________10/8/20______________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: ________Cumulative _________ Date: _10/8/20_ 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) RFP 20-154 Evaluation Meeting Consulting Services - EMS Direcotr Augusta, GA – Augusta Fire Department RFP Evaluation Meeting: Thursday, August 8, 2020 @ 9:00 a.m. VIA ZOOM Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted ScoresWeighted Scores Page 1 of 11 MEDICAL DIRECTOR SERVICES CONTRACT THIS PROFESSIONAL SERVICES CONTRACT ("Contract”) is made and entered into by and between Augusta, Georgia, a political subdivision of the State of Georgia, by and through its Board of Commissioners, whose address is 535 Telfair Street, Augusta, Ga. 30901, hereinafter referred to as "Augusta", and AU Medical Associates, whose address is 1499 Walton Way, Suite 1400, Augusta, Georgia 30901 hereinafter referred to as "Consultant". WHEREAS, Augusta desires to enter into a Contract with a qualified individual to serve as the Medical Director for the Fire Department’s Emergency Medical Services Program. WHEREAS, Consultant responded to Augusta’s RFP # 20-154 and has represented to Augusta that it is experienced and qualified to provide the services contained therein; and, WHEREAS, Augusta has relied on such representation and Consultant was chosen as the most qualified respondent based on its submittal. NOW THEREFORE, in consideration of the foregoing, the provisions contained herein and the mutual benefits derived here from and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and Augusta agree as follows: 1. Scope of Work. Consultant shall provide the following services: A. Appoint a Georgia licensed physician member that is board certified by the American Board of Emergency Medicine and is knowledgeable in EMS medical direction to serve as Medical Director for the Augusta Fire Department (AFD) in accordance with the Official Code of Georgia Annotated Title 31, Chapter 11, the Georgia Department of Human Resources Rule and Regulations Chapter 290-5-30, and Georgia Health Code 88-31 to AFD staff members; and provide medical control and oversight for the Fire Department; B. Provide medical control and oversight for EMS programs including ALS, BLS, Infection Control, community oriented training programs such as CERT, CPS and AED programs; C. Provide medical control and oversight for the defibrillation program; D. Design, evaluation, and administer a continuous quality improvement (CQI) and a comprehensive quality assurance program (CQA); E. Develop, review, or revise written operational and medical protocol procedures for EMS pursuant to State of Georgia regulations to assure the medical service delivery of the EMS Program by AFD and provide medical administration, support and oversight of EMS curriculum development and education; F. Provide medical liaison services between the Augusta Fire Department and the Augusta medical community; Page 2 of 11 G. Facilitate and implement the EMS Agenda for the future as developed by the National Highway Traffic Safety Administration; and the GEMSIS-Shaping the Future of EMS in Georgia plan as developed by the Georgia Department of Human Resources Division of Public Health Office of Emergency Medical Services/Trauma; H. Conduct at least one training activity each quarter; I. Provide quarterly reports outlining the Services provided in the preceding quarter; and J. Investigate and resolve medically related complaints against AFD, including the authority to limit, suspend, or withdraw medical direction to any AFD staff member as described in Section 4 below. K. The Medical Director is to provide his/her own cell phone. 2. Augusta’s Obligations: Augusta agrees to: A. Ensure that the Medical Director has appropriate access to Augusta officials as reasonably needed; B. Ensure that the Medical Director has access to run reports (PCRs), medical records, dispatch logs, personnel files, and other documents as needed to fulfill the obligations of this Contract; C. Assist the Medical Director in preparation of EMS documents and reports; D. Enforce employee remedial training as required in writing by the Medical Director; E. Permit AFD staff members to function only at a level of practice authorized by the Medical Director; F. Assure that AFD staff members practice only under the medical direction or protocol of the Medical Director, and no other physician, other than on-line medical control provided during the patient encounters while on duty with AFD; G. Agree to contact the Medical Director to obtain online medical direction services; H. Provide a letter on Augusta letterhead, signed by an appropriate Augusta official that state a Consultant physician member provides contract services to Augusta and serves as the Medical Director of AFD, and specifically state that the Medical Director is authorized to correspond with the medical community regarding matters within the Medical Director’s purview and to write letters of recommendation for ADF staff members for paramedical class; I. Assure that job descriptions and other documents relating to the employment of individual providers contain appropriate provisions necessary to allow the Consultant Page 3 of 11 physician member to fully exercise the Medical Director’s authorities by law and under this Contract without giving rise to an employment dispute or action; and J. Provide access to computer-generated data and software, a portable radio and safety equipment for use by the Medical Director. 3. Term. This Contract shall commence as of the date executed by Augusta, Georgia (“Commencement Date”) and shall have an initial term of three (3) years. Thereafter, this Contract may be extended upon mutual written agreement. This Contract shall: (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31 at 11:59 pm, as required by O.C.G.A. §36-60-13, as amended, unless sooner terminated in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1 at 12:00am, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely, with no further renewals, five (5) years from the Commencement Date. 4. Standard of Performance. A. Consultant represents and warrants that it has the necessary knowledge, experience, abilities, skills and resources to perform its obligations under this Contract, and agrees to perform its obligations in a professional manner, consistent with prevailing industry/professional standards and practices. B. Consultant agrees that the Medical Director shall provide a minimum of five (5) hours of medical direction services, per week. C. The Medical Director shall have the authority to limit, suspend, or withdraw medical direction to any AFD staff member. The Medical Director shall give prior notice of any such action to the AFD Fire Chief or his/her designee, or the earliest possible notice, if prior notice cannot reasonably be given. The Medical Director will discuss the limitations, suspension, or withdrawal of medical direction to an individual provider with the AFD Fire Chief or his/her designee and, at the request of the AFD Fire Chief or his/her designee, properly provide the basis for any such action in writing. 5. Qualifications. Licenses. and Permits; Compliance with Law. A. Consultant represents and warrants that it has all licenses and permits necessary to conduct its business and perform its obligations under this Contract, and agrees to comply with all applicable federal, state, and local statutes regulations, codes, ordinances and policies in performing its obligations under this Contract. B. Consultant agrees that the Medical Director shall meet the following qualifications criteria prior to and throughout the term of this Contract: i. Be licensed by the Georgia Board of Medical Examiners to practice medicine in the State of Georgia; ii. Have active medical staff privileges at a hospital in the State of Georgia; Page 4 of 11 iii. Have current Board Certification by the American Board of Emergency Medicine; iv. Be a graduate of the National Association of EMS Physicians EMS Medical Directors Course and Practicum; v. Must be eligible for certification by the American Board of Emergency Medicare EMS Subspecialty Boards; vi. Possess a valid Advanced Cardiac Life Support (ACLS) certification; and vii. Possess a valid Georgia Driver’s License. 6. Independent Consultant Relationship. The parties intend that Consultant's relationship to Augusta in providing services hereunder shall be that of an independent Consultant. Nothing in this Contract, nor any performance hereunder, is intended or shall be construed to create a partnership, joint venture or relationship of agency or employment between Augusta and Consultant. In providing services hereunder, Consultant shall represent itself to third parties as an independent Consultant to Augusta and shall not hold itself out as having any authority to obligate Augusta. Consultant shall have no authority for any complaints related to employment with Augusta, Georgia and has no authority to hire, fire, discipline or otherwise effect the terms and conditions of Augusta, Georgia employees, except as specifically set forth herein. Augusta may, at its discretion, permit Consultant to use the AFD logo on business cards for purpose of liaison activities with the local medical community, provided that Consultant is identified on the business card as being under contract with Augusta and the form of the business card is approved by Augusta prior to its use. 7. Confidentiality. Consultant agrees to treat all information disclosed by Augusta pursuant to this Contract as confidential, and Consultant shall not disclose or use any such information except as required in connection with the performance of its obligations under this Contract. It is further agreed that if the Consultant, without prior approval from Augusta, releases any information, the release of same shall be immediate grounds for termination of this Contract without indemnity to the Consultant. Should any such information be released by Augusta or by the Consultant with prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Contract. 8. Assignment. Consultant does hereby assign, grant, and deliver to Augusta, and Augusta hereby accepts, the entire worldwide right, title, and interest of every kind and nature whatsoever in and to the deliverables under this Contract, including but not limited to any related intellectual property rights. 9. Records. Consultant shall maintain throughout the term of this Contract and for a period of six (6) years thereafter, records that indicate the date, time, and nature of the services rendered. Consultant shall make available for inspection by Augusta all records, books of account, memoranda, and other Page 5 of 11 documents pertaining to Augusta, except medical records at any reasonable time upon request. 10. Open Records. Consultant acknowledges that all records relating to this Contract and the services to be provided under the contract, may be a public record subject to Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Consultant shall cooperate fully in responding to such request and make all records not exempt, available for inspection and copying as provided by law. 11. Fee; Expenses. This is a “part-time” consultant position and the consultant is expected to work a minimum of five hours per week on this project. In consideration of Consultant performing its obligations under this Contract, Augusta will pay Consultant: a. The amounts as described in Exhibit “A” Compensation/Price List attached hereto. This will be the total compensation paid to the Contractor except for payments, if any, made under subparagraphs b and c below. b. Additional Services: Augusta shall pay the Consultant for additional services requested or authorized by Augusta, based on the fee schedule attached as Exhibit A. A properly itemized invoice will be submitted for payment on a monthly basis, provided the service is performed to standards and service is completed. c. Additions or Deletions: Augusta may add or delete service requirements of this contract, in writing. Such changes shall be negotiated based on a prorated price consistent with the original price contained in the Consultant’s response to RFP # 20-154, as supplemented. 12. Invoicing. Consultant shall submit monthly invoices to the Augusta Fire Chief identifying this Contract and the amount payable. Payment of undisputed amounts shall be due and payable thirty (30) days after Augusta's receipt of the invoice. Notwithstanding anything in the Bid or Consultant’s Proposal, Augusta shall have the right to withhold or deduct payments in the event of Consultant’s non-performance. 13. Georgia Prompt Pay Act Not Applicable. The terms of this Contract supersede any and all provisions of the Georgia Prompt Pay Act. 14. Defective Pricing. To the extent that the pricing provided by Consultant is erroneous and defective, the parties may by agreement, correct pricing errors to reflect the intent of the parties. 15. Prohibition Against Contingent Fees. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business and that the Consultant has not received any non- Augusta fee related to this Contract without the prior written consent of Augusta. For breach or violation of this warranty, August shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. Page 6 of 11 16. Termination. This Contract may be terminated prior to the completion of Consultant's services: a. upon thirty (30) days written notice to the other party, or b. by either party upon a breach of this Contract (including, but not limited to, Consultant's services being deemed unsatisfactory by Augusta). Provided however, the defaulting party shall be given ten (10) days’ written notice of the default. If the default remains uncured ten (10) days after receiving written notice of such breach from the terminating party, the terminating party can cancel this Contract. c. This Contract may be terminated immediately if Consultant fails to maintain insurance or fails to comply with the Workers' Compensation Act and applicable rules as described in Section 21 herein. In the event of a termination of this Contract pursuant to this Section, Augusta and Consultant will in good faith negotiate an appropriate reduction in the fees payable to Consultant pursuant to Section 11 above. 17. Survival. Notwithstanding anything in this Contract to the contrary, the provisions of Section 20 below shall survive any expiration or termination of this Contract, and each party shall remain obligated to the other party under all provisions of this Contract that expressly or by their nature extend beyond and survive the expiration or termination of this Contract. 18. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Contract, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Consultant under this Contract. 19. Specified Excuses for Delay or Non-Performance. Neither Augusta nor Consultant shall be liable for any delay in the performance of this Contract, nor for any other breach, or for any loss or damage arising from uncontrollable forces such as: fire, theft, storm, war, or any other major force that could not have been reasonably avoided by the exercise of due diligence. 20. Indemnification. Consultant shall indemnify, hold harmless, protect and defend Augusta and its Commissioners, elected officials, trustees, officers, employees, agents, and representatives (the "Indemnified Parties”) for, from, and against any and all demands, claims, suits, damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the ''Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or loss of property, bodily injury or death), directly or indirectly arising out of or in connection with the performance of Consultant's obligations under this Contract. Consultant's indemnification obligations shall apply whether the Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such concurrent fault or negligence. Consultant's defense obligations under this Section shall be with attorneys approved by Augusta, which approval shall not be unreasonably withheld. Augusta shall indemnify, hold harmless, protect and defend Consultant and its officers, employees, agents, and representatives (the "Indemnified Parties”) for, from, and against any and all demands, claims, suits, damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the ''Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or Page 7 of 11 loss of property, bodily injury or death), directly or indirectly arising out of or in connection with the performance of Augusta’s obligations under this Contract. Augusta’s indemnification obligations shall apply whether the Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such concurrent fault or negligence. 21. Insurance. Consultant shall at all times that this Contract is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta 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 Consultant in performance of the work during the term of this Contract. Consultant shall provide, at all times that this Contract is in effect, insurance with limits of not less than: a. Workmen's Compensation Insurance in accordance with the State of Georgia; b. General Liability Insurance in an amount of not less than One Million ($1.000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence; c. Professional Liability Insurance in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. All insurance policies required by this Contract will provide that they may not be canceled nor the coverage materially changed without thirty (30) days prior written notice to Augusta. Augusta will be named as an additional insured with respect to Consultant’s liabilities hereunder in insurance coverage identified in items B & C. Such policies shall name Augusta as a 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 Augusta at the time of the execution of this Contract. Augusta agrees to identify one of Consultant’s vehicle on Augusta’s ambulance license for use by the Medical Director in responding to Augusta emergencies. Consultant assumes all responsibility for ensuring treat the vehicle complies with all applicable laws, rules, and regulations pertaining to ambulance supervisor vehicles. Consultant shall be responsible for any fines or other consequences resulting from Consultant’s failure to comply with any applicable laws, rules, or regulations pertaining to ambulance supervisor vehicles. Augusta shall have the right to inspect the vehicle at any reasonable time. Consultant shall provide adequate vehicle insurance in accordance with all applicable laws, rules, and regulations pertaining to ambulance supervisor vehicles. Consultant will lose this benefit in the event that Augusta no longer possess an ambulance license. 22. Power and Authority: Due Authorization; No Conflict: Enforceability. Each party represents and warrants to the other party that: (i) such party has the power and authority to execute, deliver and perform its obligations under this Contract; (ii) the execution, delivery and performance of this Contract have been duly authorized by such party and do not and shall not conflict with any agreement or instrument to which it is bound; (iii) this Contract constitutes the legal valid and binding obligation of such party, enforceable against it in accordance with its terms; (iv) no circumstances exist which will cause a Conflict of Interests in performing the services required by this Contract, to include the Consultant and Page 8 of 11 his or her employees or agents performing under this contract and are NOT employees or agents of Augusta, or any public agency or official affected by this contract; (v) no employee of Augusta or any public agency or official affected by the contract be employed by the Consultant for the period of Contract duration. 23. Entire Agreement: Severability: Further Assurances. This Contract including any exhibits attached hereto and RFP #20-154, including any attachments thereto, constitutes the entire Agreement between the parties, and supersedes all prior and contemporaneous contracts, understandings and negotiations, with respect to the subject matter hereof. In the event any provision of this Contract is determined to be invalid or unenforceable, it is the desire and intention of the parties that such invalidity or unenforceability not invalidate or render unenforceable the remainder of the Contract and that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, be deemed valid and enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly. Each party shall execute and deliver such further documents and take such further actions as may be required or reasonably requested by the other party to effectuate the purposes of this Contract. 24. No Assignment; No Amendment: No Waiver. This Contract (i) may not be assigned or transferred, in whole or in part, by operation of law or otherwise, by either party without the prior written consent of the other party, and (ii) may not be amended or modified by course of conduct or otherwise, except in a writing duly executed by each of the parties. 25. Acknowledgement. Consultant 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, Consultant is deemed to possess knowledge concerning Augusta’s ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta under an unauthorized contract amendment, modification, change order or other similar document, including the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta under a contract that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta in excess of the any contractually authorized goods or services, as required by Augusta's Charter and Code, Augusta may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of nonpayment for the provision of any unauthorized goods or services to Augusta, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, however characterized, including, without limitation, all remedies at law or equity. Any waiver of any provision of this Contract shall be in writing duly executed by the waiving party. The failure or delay by either party to seek redress for any breach or default under this Contract, or to insist upon the strict performance of any provision of this Contract shall not constitute a waiver thereof or of any other provision of this Contract, and such party shall have all remedies provided herein and at law and in equity with respect to such act and any subsequent act constituting the same. 26. Notice. Any notices required under this Contract shall be made in writing, postage prepaid to the following addresses, and shall be deemed given upon hand deliver, verified delivery by telecopy (followed Page 9 of 11 by copy sent by United States mail), or three (3) days after deposit in the United Stated Mail: AUGUSTA: AUGUSTA FIRE CHIEF AUGUSTA FIRE DEPARTMENT ADMINISTRATION 3117 DEANS BRIDGE ROAD AUGUSTA, GA. 30906 COURTESY COPY TO:GENERAL COUNSEL AUGUSTA LAW DEPARTMENT 535 TELFAIR STREET, BUILDING 3000 AUGUSTA, GA. 30901 CONSULTANT: AU MEDICAL ASSOCIATES AU HEALTH SYSTEM LEGAL OFFICE 1120 15th Street, SUITE BA-8255 AUGUSTA, GA. 30912 27. Right to Inspect Premises. Augusta may, at reasonable times, inspect the part of the plant, place of business, or work site of Consultant or any subcontractor of Consultant or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta. 28. Subcontract. The Consultant shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without Augusta’s prior written approval of the subcontractor. 29. Drug Free Workplace: Contractor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract. If Contractor has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Contract. 30. Non-Discrimination. During the performance of this contract, the Contractor shall comply with all federal and state non-discrimination laws, regulations and policies in the administration of this contract. In the event of the Contractor's non-compliance or refusal to comply with any non- discrimination law, regulation, or policy in the administration of this contract, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with Augusta. The Contractor shall, however, be given a reasonable time in which to correct any non-compliance. 31. Local Sma11 Business Program. In accordance with Chapter 1OB of the Augusta, Ga. Code, Contractor expressly agrees to collect and maintain all records necessary for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to Page 10 of 11 provide local small business utilization reports. Contractor shall report to Augusta Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 32. E-VERIFY: All Contractors and subcontractors entering into Contracts with Augusta, GA 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 each 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 such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 33. Governing Law; Jurisdiction and Venue; Attorneys' Fees. This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of the State of Georgia, and agree that the Superior Court of Richmond County, Georgia, shall be an appropriate and convenient place of venue to resolve any dispute with respect to this Contract. In the event either party commences any proceeding against the other party with respect to this Contract, the parties agree that neither party shall be entitled to recover attorneys' fees except as otherwise specifically provided for by law. 34. Construction of Contract. The parties acknowledge and agree that both parties substantially participated in negotiating the provisions of this Contract; and, therefore, the parties agree that this Contract shall not be construed more favorably toward one party than the other party as a result of one party primarily drafting the Contract. The section and other headings in this Contract are for convenience of reference only and shall not be construed, expressly or by implication, so as to affect the meaning or interpretation of any of the provisions hereof. This Section and other headings in this Contract are for convenience of reference only and shall not affect, expressly or by implication, the meaning or interpretation of any of the provisions hereof. Page 11 of 11 35. Counterparts. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 36. Entire Contract. RFP # 20-154, and Vendor’s response to RFP #20-154, this Contract, including Attachments, represents the entire responsibilities and obligations between Augusta and Consultant and supersedes all prior negotiations, representations, and agreements, either written or oral. All subsequent Amendments, property executed, become part of this Contract by reference thereto. 37. Conflicting Provisions. In the event there are any conflicting provisions or requirements in the component parts of this Contract, the several Contract Documents shall take precedence in the following order: RFP # 20-154 and Vendor’s response thereto Contract, including Attachments Amendments. IN WITNESS WHEREOF, Consultant and Augusta have duly executed and delivered this Contract. CONSULTANT: AU MEDICAL ASSOICATES ______________________ _______________ Printed name: date Title: (corporate seal) AUGUSTA, GEORGIA _______________________ ________________ Printed name: Hardie Davis, Jr. date Title: Mayor Attest: _______________________ Lena Bonner Title: Clerk of Commission Commission Meeting Agenda 11/4/2020 2:00 PM Vendor Award - RFP 20-233 Rear Mount Aerial Platform Truck for Augusta Fire Department Department:Fire Department:Fire Caption:Motion to approve the award of - RFP 20-233 Rear Mount Aerial Platform Truck for Augusta Fire Department to Ten-8 Fire & Safety in the amount of $1,203,380. Background:The Augusta Fire Department, through the Augusta Procurement Department Bid process, requested bids for a Rear Mount Aerial Platform Truck. Analysis:Ten-8 Fire & Safety was the sole compliant vendor in response to RFP # RFP 20-233 Rear Mount Aerial Platform Truck for Augusta Fire Department. After grading their submission, Ten-8 Fire & Safety received an acceptable score from the evaluation committee. Financial Impact:Ten-8 will manufacture a rear mount aerial platform truck for the Augusta Fire Department for $1,203,380. Funds are available in SPLOST VII. Alternatives:None Recommendation:Approve the Motion to approve the award of RFP 20-233 Rear Mount Aerial Platform Truck for Augusta Fire Department to Ten-8 Fire & Safety. Funds are Available in the Following Accounts: Funds are available in SPLOST VII 329034510-5422310 JL 217329904 REVIEWED AND APPROVED BY: Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until September 16, 2020 @ 11:00 a.m. for furnishing: Opening VIA ZOOM Meeting ID: 911 0982 5252 and Password: 316906 RFP Item # 20-233 Rear Mount Aerial Platform Truck – Augusta, GA – Augusta Fire Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-81-2422). A Pre Proposal Conference will be held on Tuesday, September 1, 2020, @ 10:00 a.m. VIA ZOOM Meeting ID: 952 4094 9262 and Password: 474007 All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, September 2, 2020, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 6, 13, 20, 27, 2020 Metro Courier August 6, 2020 Revised: 2/17/2016 OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Original 7 Copies Fee Proposal TEN-8 2904 59TH AVE DRIVE E BRADENTON, FL 34203 YES 206280 YES YES YES YES NAFECO 1515 West Moulton St. Decatur, AL 35601 RFP Opening Item #20-233 Rear Mount Aerial Platform Truck – Augusta, GA – Augusta Fire Department RFP Date: Wednesday, September 16, 2020 @ 11:00 a.m. Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 17 Georgia Procurement Registry: 121 Pre-Proposal Conference Attendees: 8 Total packages submitted: 2 Total Noncompliant: NO BID Page 1 of 1 TEN-8 1591 Collier Rd Forsyth, GA 31029 TEN-8 1591 Collier Rd Forsyth, GA 31029 Ranking of 0-5 (Enter Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS 2. Qualifications & Experience (0-5)15 5.0 75 3. Organization & Approach (0-5)15 5.0 75 4. Scope of Services 1. Warranty 2. Components 3. Specifications 4. Engineering and design 5. Service and Support 6. Itinerary to complete the Work (0-5)20 4.3 85 5. Financial Stability (0-5)10 4.3 42.5 6. References (0-5)5 4.5 22.5 Within Richmond County 5 10 0 Within CSRA 5 6 0 Within Georgia 5 4 5 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0  All Others 5 1 0 28 320 8. Presentation by Team (0-5)10 0 9. Q&A Response to Panel Questions (0-5)5 0 Lowest Fees 5 10 5 50 Second 5 6 0 Third 5 4 0 Forth 5 2 0 Fifth 5 1 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 50 33 370 Procurement DepartmentRepresentative:______Nancy Williams___________________________________ Procurement Department Completion Date: _____10/8/20___________________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: __Cumulative _______________ Date: __10/8/20 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) RFP Opening Item #20-233 Rear Mount Aerial Platform Truck – Augusta, GA – Augusta Fire Department RFP Evaluation Meeting: Thursday, August 8, 2020 @ 10:00 a.m. VIA ZOOM Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Commission Meeting Agenda 11/4/2020 2:00 PM Victim's of Crime Act (VOCA) Department:Solicitor General Department:Solicitor General Caption:Motion to approve and accept a grant for the continuation of the Victims of Crime Act (VOCA) Grant with funding from the Criminal Justice Coordinating Council of Georgia to provide services to crime victims from October 1, 2020 through September 30, 2021, and authorize the Mayor to execute the necessary documents. Background:It is for the Victim Assistance Program in the Solicitor General's Office. This is a continuation grant from last year. The purpose is to allow for the provision of services to crime victims as outlined in the Crime Victims' Bill of Rights. The funding is used for the salary of two victim advocate positions. Analysis: Financial Impact:Funded via the Criminal Justice Coordinating Council of Georgia Victim of Crime Act Grant (VOCA) C19-8-103 Federal Funds = $61,710. Alternatives:None Recommendation: Funds are Available in the Following Accounts: Budgeted in org Key: 220022515. REVIEWED AND APPROVED BY: Cover Memo Cover Memo PETER J. SKANDALAKIS Executive Director MARGARET D. HEAP Chair District Attorney Eastern Judicial Circuit REBECCA GRIST Vice Chair Solicitor-General Macon-Bibb County SHANNON WALLACE Secretary District Attorney Blue Ridge Judicial Circuit PAUL BOWDEN District Attorney Tifton Judicial Circuit C.R. CHISHOLM Solicitor-General Athens-Clarke County GREGORY W. EDWARDS District Attorney Dougherty Judicial Circuit GEORGE HARTWIG District Attorney Houston Judicial Circuit BARRY MORGAN Solicitor-General Cobb County TIMOTHY G. VAUGHN District Attorney Oconee Judicial Circuit 1590 Adamson Parkway, Fourth Floor ● Morrow, Georgia 30260-1755 ● phone: (770) 282-6300 ● fax: (770) 282-6368 ● www.pacga.org October 1, 2020 Re: Federal Fiscal Year 2021 VOCA Allocation - October 1, 2020 through September 30, 2021 Dear Ms. Loggins: It is my pleasure to inform you that the Criminal Justice Coordinating Council (CJCC) has approved the Federal Fiscal Year 2021 VOCA Continuation Base and Comp Advocate funding applications as submitted by the Prosecuting Attorneys’ Council of Georgia (PAC). Therefore, your office has been selected to receive a portion of those funds. Below are the specifics with regard to your allocation of the statewide grant distribution. County: Augusta-Richmond Implementing Prosecuting Attorney: Solicitor-General Omeeka Loggins Grant Period: October 1, 2020 through September 30, 2021 Allocation 1 (Base Funds): Base Federal Funds: $61,710 Base Waived Match Funds: $15,428 CJCC Sub-Grant Number: C19-8-103 Federal Grant Number: 2019-V2-GX-0019 CFDA Number: 16.575 The activation documents (see included checklist for guidelines on submitting documents) must be returned to PAC by November 13, 2020. If you have any questions, please contact Kathy Kemp (kkemp@pacga.org) or at (770) 282-6364. Sincerely, Peter J. Skandalakis Executive Director Prosecuting Attorneys’ Council Commission Meeting Agenda 11/4/2020 2:00 PM Patrick Feistel Department: Department: Caption:Motion to approve a request from Mr. Patrick Feistel for the abatement of the taxes for the Garden City Rescue Mission in downtown Augusta, Georgia. 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 p.m. commission/committee: (please check one and insert meeting date) u\u 3'4Commission Date of Meeting Public Safety Committee Date of Meetin! Public Services Committee Date of Meetin! Administrative Services Committee Date of Meetin! Engineering Services Committee Date of Meetin! Finance Committee Date of Meetin! contact Information for Individual/presenter Making the Request: Name: Address: Telephone Number: Fax Number: ?O 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 Suite 220 Municipal Building 535 Telfair Street Augusta, GA 3090f Telephone Number: 70G-B2l-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 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preceding the Commitiee meeting of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 11/4/2020 2:00 PM Ratification of $25,000 funding Greater Augusta Interfaiith Total Census Initiative Department: Department: Caption:Motion to approve ratifying $25,000 funding to assist Greater Augusta Interfaith Coalition's Total Census Count Initiative from the 2020 Contingency Fund. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM 5th Street Over the Savannah River –Bridge Repair and Restoration Project Department:Engineering Department:Engineering Caption:Motion to approve to Supplement Construction to Superior Construction Company Southeast, LLC in the amount of $158,201.98 for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River Repair and Restoration Projects, subject to bonds as requested by AED. Bid 19-291 Background:Currently, Superior Construction Company Southeast, LLC is under contract with Augusta, GA for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River (Bridge Repair and Restoration) Improvements Project. The Augusta Commission awarded this contract on December 17, 2019. Bridge rehabilitation work is in progress requires removal and replacement old street lighting. This is supplemental work and the contract current awarded amount does not cover associated. To maintain project schedule and avoid standby time cost, supplementing subject contract is cost effective way to complete these improvements . Analysis:Superior Construction Company Southeast, LLC is currently under contract with Augusta, GA/Augusta Engineering for 5th Street Bridge over Savannah River (Bridge Repair and Restoration)) Improvements work and the cost provided of $108,201.98 for lighting supplement work. In addition, $50,000 is also added to Project Force Account for incidental work and addressing unforeseen conditions if encountered. This cost was analyzed and determined to be reasonable and cost effective for the type of work being performed. Financial Impact:Funds are available in AED TIA Discretionary Funds. Alternatives:1) Do not approve and find alternative to complete warranted improvements and meet TIA project completion schedule. Cover Memo Recommendation:Approve to Supplement Construction to Superior Construction Company Southeast, LLC in the amount of $158,201.98 for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River Repair and Restoration Projects, subject to bonds as requested by AED. Funds are Available in the Following Accounts: TIA Discretionary Funds: 235-041110-54-14110/T20041030- 54-14110 REVIEWED AND APPROVED BY: Cover Memo 5405 Cypress Center Drive, Suite 290, Tampa, Florida 33609 Telephone: (813) 207-2101 www.superiorconstruction.com October 22, 2020 Augusta Engineering Department 452 Walker St. Suite 110 Augusta, GA 30901 Attn: Anthony Taylor Assistant Director Re: 5th Street Bridge Rehabilitation over Savannah River RC07-001217 P.I. No. 0011418 Richmond County Change Order #02 Dear Mr. Taylor, Enclosed please find Superior Construction’s cost estimate for installation of (4) Four Street Lights along 5th Street and all necessary conduits/wiring. Attached you will also find the revised drawing sheets showing the additional lights to be added. Total Cost Estimate: $64,107.61 Should you have any questions or concerns, please contact me at your earliest convenience. Best Regards, SUPERIOR CONSTRUCTION COMPANY SOUTHEAST, LLC Josh Apsitis Assistant Project Manager 704-996-3721 TIA Project Number RC 07-001217 PI #11418 Point of Contact (Name/Phone #): Email Address: Estimate Prepared By: Company: a) LABOR and BURDEN 1,629.81$ b) MATERIALS AND SUPPLIES -$ c) EQUIPMENT 213.20$ d)INDIRECT COST, EXPENSES, AND PROFIT 5,653.10$ 7,496.11$ a) LABOR and BURDEN 48,180.00$ b) MATERIALS AND SUPPLIES -$ c) EQUIPMENT -$ d)INDIRECT COST, EXPENSES, AND PROFIT 8,431.50$ 56,611.50$ TOTAL COST OF INCREASE, DECREASE OR ALTERATION IN THE WORK 64,107.61$ R.J. Haynie & Associates ******************************************************************************************** Superior Construction Company Superior Construction Company ENGINEER'S COST ESTIMATE FOR Anthony Taylor - (706) 836-7125 ataylor@augusta.gov Josh Apsitis - (704) 996-3721 INCREASE, DECREASE OR ALTERATION IN THE WORK SUBCONTRACTOR GENERAL CONTRACTOR Page 1 of 2 TIA Project Number RC 07-001217 PI #11418 Point of Contact (Name/Phone #): Email Address: Estimate Prepared By: Company: ******************************************************************************************** Superior Construction Company ENGINEER'S COST ESTIMATE FOR Anthony Taylor - (706) 836-7125 ataylor@augusta.gov Josh Apsitis - (704) 996-3721 INCREASE, DECREASE OR ALTERATION IN THE WORK a) LABOR and BURDEN TIME UNIT RATE BURDEN (%) LABOR plus BURDEN SUB- TOTAL 10.00 HRS 65.00$ 40.84% 915.46$ 10.00 HRS 50.00$ 42.87% 714.35$ -$ TOTAL LABOR and BURDEN 1,629.81$ b) MATERIALS AND SUPPLIES QTY.UNIT SUB-TOTAL -$ TOTAL MATERIALS AND SUPPLIES -$ c) EQUIPMENT Rate w/ Adjustments HRS 50% of Ownership Cost w/ Adjustments HRS 21.32$ 5.00 5.19$ 5.00 106.60$ 21.32$ 5.00 5.19$ 5.00 106.60$ -$ TOTAL EQUIPMENT 213.20$ d) INDIRECT COST, EXPENSES, AND PROFIT (1) or (2), whichever is greater) (1) 17.5% of the sum of a), b), & c) above:322.53$ (1)(i) (1)(ii) SUBCONTRACTOR MARKUP: Subcontractor Cost for Extra Work: 56,611.50$ First $50,000 10% 50,000.00$ 5,000.00$ Over $50,000 5%6,611.50$ 330.58$ 5,653.10$ Superior Construction Company BOND: For any additional bond for the additional or unforeseen work, the Contractor shall provide clear and convincing proof that the bond has actually been provided and paid for a separate bond premium for such additional or unforeseen work. LABOR CONTRACTOR: SUB-TOTAL STAND-BY / IDLEOPERATING Ford F-150 - Superintendent RATEMATERIAL Ford F-150 - Engineer EQUIPMENT Superintendent (25% time) Engineer (25% time) Page 2 of 2 TIA Project Number RC 07-001217 PI #11418 Point of Contact (Name/Phone #): Email Address: Estimate Prepared By: Company: a) Unit Price QTY. UNIT LABOR plus BURDEN SUB- TOTAL 4.00 EA 36,280.00$ 4.00 EA 5,100.00$ 275.00 LF 5,500.00$ 60.00 LF 180.00$ 60.00 LF 720.00$ 500.00 LF 400.00$ TOTAL 48,180.00$ d) INDIRECT COST, EXPENSES, AND PROFIT (1) 17.5% of the sum of a), b), & c) above:8,431.50$ (1)(i) TOTAL INDIRECT COST, EXPENSES, AND PROFIT 8,431.50$ TOTAL SUBCONTRACTOR COST:56,611.50$ LUMINAIRE, LED 1,275.00$ CONDUIT, NONMETAL, TP 2, 2 IN 20.00$ BOND: For any additional bond for the additional or unforeseen work, the Contractor shall provide clear and convincing proof that the bond has actually been provided and paid for a separate bond premium for such additional or unforeseen work. LIGHTING STD. 31 FT MH, 6 FT ARM CONDUIT, NONMETAL, TP 3, 2 IN ENGINEER'S COST ESTIMATE FOR EXTRA WORK Anthony Taylor - (706) 836-7125 ataylor@augusta.gov Josh Apsitis - (704) 996-3721 RATE ******************************************************************************************** 3.00$ DIRECTIONAL BORE, 3 IN 9,070.00$ 0.80$ Superior Construction Company 12.00$ SUB-CONTRACTOR:R.J. Haynie & Associates DESCRIPTION CABLE, TP XHHW, AWG NO 10 Page 1 of 1 P PP P P P P P P P OH P OH P OH P OH P OHP OHP OHP X X X X X X X OH P OH P OH P OH P OHP OHP OHP OH P W W W W W W W PP G G G G G F FFFFFFFFFFFF F W WW W W W W W X X F F F F F F F F F F F F F F F P PP P P P P P FF F F P P P P PP TIA Project Number RC 07-001217 PI #11418 Point of Contact (Name/Phone #): Email Address: Estimate Prepared By: Company: a) LABOR and BURDEN 18,023.92$ b) MATERIALS AND SUPPLIES 275.70$ c) EQUIPMENT 6,110.00$ d)INDIRECT COST, EXPENSES, AND PROFIT 5,672.87$ 30,082.50$ a) LABOR and BURDEN 11,925.00$ b) MATERIALS AND SUPPLIES -$ c) EQUIPMENT -$ d)INDIRECT COST, EXPENSES, AND PROFIT 2,086.88$ 14,011.88$ TOTAL COST OF INCREASE, DECREASE OR ALTERATION IN THE WORK 44,094.37$ ENGINEER'S COST ESTIMATE FOR Anthony Taylor - (706) 836-7125 ataylor@augusta.gov Josh Apsitis - (704) 996-3721 INCREASE, DECREASE OR ALTERATION IN THE WORK SUBCONTRACTOR GENERAL CONTRACTOR Superior Construction Company Superior Construction Company R.J. Haynie & Associates ******************************************************************************************** Page 1 of 2 TIA Project Number RC 07-001217 PI #11418 Point of Contact (Name/Phone #): Email Address: Estimate Prepared By: Company: ENGINEER'S COST ESTIMATE FOR Anthony Taylor - (706) 836-7125 ataylor@augusta.gov Josh Apsitis - (704) 996-3721 INCREASE, DECREASE OR ALTERATION IN THE WORK Superior Construction Company ******************************************************************************************** a) LABOR and BURDEN TIME UNIT RATE BURDEN (%) LABOR plus BURDEN SUB- TOTAL 20.00 HRS 65.00$ 40.84% 1,830.92$ 20.00 HRS 50.00$ 42.87% 1,428.70$ 80.00 HRS 42.00$ 65.40% 5,557.44$ 80.00 HRS 28.00$ 77.55% 3,977.12$ 80.00 HRS 17.00$ 92.27% 2,614.87$ 80.00 HRS 17.00$ 92.27% 2,614.87$ TOTAL LABOR and BURDEN 18,023.92$ b) MATERIALS AND SUPPLIES QTY.UNIT SUB-TOTAL 10.00 BAGS 27.57$ 275.70$ TOTAL MATERIALS AND SUPPLIES 275.70$ c) EQUIPMENT Rate w/ Adjustments HRS 50% of Ownership Cost w/ Adjustments HRS 21.32$ 10.00 5.19$ 10.00 213.20$ 21.32$ 10.00 5.19$ 10.00 213.20$ 21.32$ 40.00 5.19$ 40.00 852.80$ 38.00$ 80.00 -$ 0.00 3,040.00$ 44.77$ 40.00 25.17$ 40.00 1,790.80$ TOTAL EQUIPMENT 6,110.00$ d) INDIRECT COST, EXPENSES, AND PROFIT (1) or (2), whichever is greater) (1) 17.5% of the sum of a), b), & c) above: 4,271.68$ (1)(i) (1)(ii) SUBCONTRACTOR MARKUP: Subcontractor Cost for Extra Work: 14,011.88$ First $50,000 10% 14,011.88$ 1,401.19$ Over $50,000 5%-$ -$ 5,672.87$ Skid Steer Superintendent (25% time) Engineer (25% time) Carpenter Foreman Carpenter Laborer Laborer MATERIAL Planitop XS - Grout 50lb Bag Ford F-150 - Engineer EQUIPMENT SUB-TOTAL STAND-BY / IDLEOPERATING Ford F-150 - Superintendent Overhang Buggy RATE Superior Construction Company BOND: For any additional bond for the additional or unforeseen work, the Contractor shall provide clear and convincing proof that the bond has actually been provided and paid for a separate bond premium for such additional or unforeseen work. Ford F-150 - Foreman LABOR CONTRACTOR: Page 2 of 2 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#235-041110-T20041030. This request is to award the Construction contract to Superior Construction Company Southeast, LLC Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 992,200$ TIA Construction 8,000,000$ LMIG FUNDS 1,000,000$ TIA Discretionary 1,500,000$ TIA Discretionary 158,202$ 11,650,402$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#235-041110-T20041030 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) (Bid 19-291 in the amount of $158,202 for Transportation Investment Act (TIA) project subject to bonds as requested by AED. Funding is available in the TIA Discretionary Funds. 10/23/2020 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#235-041110-T20041030 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) (Bid 19-291 CPB AMOUNT CPB New SOURCE OF FUNDS CPB Addition CPB TIA Project 371-041110/5212115-T15041217 ($200,920)($200,920) TIA Project 371-041110/5212115-T15041217 ($791,280)($791,280) TIA Project 371-041110-T15041217 ($8,000,000)($8,000,000) GDOT Funds ($1,000,000)($1,000,000) TIA Discretionary ($1,500,000)($1,500,000) TIA Discretionary ($158,202) ($158,202) TOTAL SOURCES: ($11,492,200) ($158,202) ($11,650,402) USE OF FUNDS ENGINEERING 371-041110-5414210/T15041217 $992,200 $992,200 TIA Project 371-041110-5414110-T15041217 $8,000,000 $8,000,000 GDOT Funds 371-041110-5414110 $1,000,000 $1,000,000 TIA Discretionary 235-041110-5414110 $1,500,000 $1,500,000 TIA Discretionary 235-041110-5414110 $158,202 $158,202 TOTAL USES: $11,492,200 158,202$ $11,650,402 10/23/2020 Commission Meeting Agenda 11/4/2020 2:00 PM Construction Services for Lake Olmstead Sediment Dredging and Disposal Department:Engineering Department:Engineering Caption:Motion to approve award of Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Lake Dredging and Disposal Site Construction) and Phase 2 (Disposal Site Capping)) to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging subject to Value Engineering as requested by the AED. Also Approve and Authorize executing Phase 1 contract not to exceed in the amount of $4,905,500.00. Award is contingent upon receipt of signed contract. Requested by AED. RFP 20-224 Background:Augusta Canal Basin Dredging (Lake Olmstead, Warren Lake, Lake Aumond, and Heirs Ponds) are approved projects. AED recently secured Section 404 of the Clean Water Act required individual permits and Lake Aumond and Heirs were dredged first; completed in 2019. Soon after AED proceeded with phase one of Lake Olmstead disposal site construction. This phase is completed now and the next step is completing final phase of disposal site along with Lake Olmstead dredging. Natural degradation of Rae’s Creek has caused the lake to become silted, thus negatively impacting visual appeals and storm water retention capabilities. The proposed will return water bodies to their near original contours while improving water retention and visual appeal. Given regulatory permitting constrains; AED is proposing to execute and complete this work in two phases. First Phase (Phase1) includes preparation of disposal area and dredging of Lake Olmstead. Second Phase (Phase2) will commence after completion of Phase1 and dewatering of disposed sediments. Phase2 includes installation of 2ft clean soil cap. Analysis:RFPs were received on August 12, 2020. The following four firms were previously pre-qualified to submit RFP. Waterfront Property Services, LLC (dba Gator Dredging) submitted successful RFP and fee proposal. Gator Dredging was selected Cover Memo based on the evaluation procedures used for this project. 1. Waterfront Property Services, LLC (dba Gator Dredging). 2. Beams’s Contacting, Inc. 3. Reeves & Young, LLC 4. Dredged America Financial Impact:Funds are available in Project SPLOST Funds and Engineering projects recaptured funds. Alternatives:1). Do not approve and find alternative to complete the project. Recommendation:Approve award of Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Lake Dredging and Disposal Site Construction) and Phase 2 (Disposal Site Capping)) to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging subject to Value Engineering as requested by the AED. Also Approve and Authorize executing Phase 1 contract not to exceed in the amount of $4,905,500.00. Award is contingent upon receipt of signed contract. Requested by AED. RFP 20-224. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: SPLOST III project closeout - recapture $185,600 SPLOST IV project closeout - recapture $376,110 SPLOST V - project closeout - recapture $ 1,207,720 SPLOST V - Fund Balance - $1,000,000 SPLOST VI - Lake Olmstead Dredging JL 211828103 - $2,000,000 SPLOST VII - Grading & Drainage - Storm water JL 216829903 - $136,520 REVIEWED AND APPROVED BY: Cover Memo Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#328-041110-211828103. This request is to award the Value Engineering as requested by the AED. Also approve and authorize executing Phase 1 contract not to exced the amount of $4,905,500. Requested by AED. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST VI 2,000,000 SPLOST III 185,596 SPLOST IV 376,114 SPLOST V 2,207,270 SPLOST VII 136,520 4,905,500 Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#328-041110-211828103 Construction Services for Lake Olmstead Sediment Dredging and Disposal (RPF 20-224) Sediment Dredging and Disposal Construction Services Two-Phase Contract (Phase 1 (Lake Dredging and Disposal Site Construction) and Phase 2 (Disposal Site Capping) to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging subject to 10.8.2020 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#328-041110-211828103 Construction Services for Lake Olmstead Sediment Dredging and Disposal (RPF 20-224) CPB AMOUNT SOURCE OF FUNDS CPB Lake Olmstead SPLOST PHASE VI ($2,000,000) SPLOST III (Recaptured funds) (185,596) 323-041110-296823309 SPLOST IV (Recaptured funds) (376,114) 324-041110-201824333 SPLOST V (Recaptured funds) (2,207,270) 325-041110-218825903 SPLOST VII (Recaptured funds) (136,520) 329-041110-216829903 TOTAL SOURCES: ($4,905,500) USE OF FUNDS ENGINEERING 328-041110-5414110/211828103 $4,905,500 TOTAL USES: $4,905,500 10.8.2020 Commission Meeting Agenda 11/4/2020 2:00 PM GDOT FY2021 Local Maintenance and Improvement Grant (LMIG)Project Number: N/A File Reference: 20-014(A) Department:Engineering Department:Engineering Caption:Motion to approve and authorize Augusta Engineering Department (AED) to submit, accept and receive Georgia Department of Transportation (GDOT) Financial Assistance from GDOT FY2021 Local Maintenance and Improvement Grant (FY2021 LMIG) for Road & Drainage Improvements & maintenance projects (Listed under Financial Impact Section) as requested by AED. Background:GDOT restructured its State Aid Program and named it as “Local Maintenance and Improvement Grant (LMIG).” LMIG is a formula-based grant from GDOT that is funded through the motor fuel tax. Grant funds are typically used to supplement local projects for road/drainage improvements and road resurfacing efforts based on priority. Augusta is eligible to receive approximately $2.45 million through GDOT FY2021 LMIG Program. Analysis:GDOT LMIG financial assistance is critical for completing AED projects such as roadway improvements and maintenance construction projects. This financial assistance is available on a yearly basis. In addition to this yearly assistance, GDOT also provides LMIG funds to AED on an as requested basis depending on LMIG additional funds availability on the state level, demonstrated need and local project connectivity to state road system. Financial Impact:Augusta, GA AED will receive approximately $2.45 million in GDOT FY21 LMIG. A local funding match of 10% is required. FY21 LMIG partially funded AED proposed resurfacing/sidewalk projects are: i) Mims Road Sidewalks & Drainage (Hillside Mobile Home Park to Hephzibah McBean Rd); ii) 5th Street Improvements (between Reynold & Marina Cover Memo Access Road); and iii) Resurfacing of Scotts Way Wheeler Rd to Skinner Mill Rd). Additional road resurfacing may be added if there is saving in contracted work for listed improvements or additional funding from other sources available. FY2021 additional road paving under consideration are Aumond Road, Bransford Road (Walton Way to Wheeler), Bath Eddie Road and Meadow Brooks. Alternatives:2). Do not approve and identify alternate supplemental funds for completing road improvements and maintenance projects, and do not claim future LMIG Funds that are designated for Augusta. Recommendation:Approve and authorize Augusta Engineering Department (AED) to submit, accept and receive Georgia Department of Transportation (GDOT) Financial Assistance from GDOT FY2021 Local Maintenance and Improvement Grant (FY2021 LMIG) for Road & Drainage Improvements & maintenance projects (Listed under Financial Impact Section) as requested by AED. Funds are Available in the Following Accounts: TIA Discretionary (local funding match of 10%) REVIEWED AND APPROVED BY: Cover Memo Revised 11/1/2017 Page 1 GEORGIA DEPARTMENT OF TRANSPORTATION LOCAL MAINTENANCE & IMPROVEMENT GRANT (LMIG) APPLICATION FOR FISCAL YEAR 2020 TYPE OR PRINT LEGIBLY. ALL SECTIONS MUST BE COMPLETED. LOCAL GOVERNMENT INFORMATION Date of Application: June 30, 2020 Name of local government: Augusta, Georgia Address: 452 Walker Street, Suite 101, Augusta, GA 30901 Contact Person and Title: Hameed Malik, Ph.D., P.E., Director Augusta Engineering Department Contact Person’s Phone Number: (706)796-5040 Contact Person’s Fax Number (706)796-5045 Contact Person’s Email: hmalik@augustaga.gov Is the Priority List attached? N/A LOCAL GOVERNMENT AFFIDAVIT AND CERTIFICATION I, Hameed Malik, P.E. (Name), the Director of Engineering (Title), on behalf of Augusta, GA (local government), who being duly sworn do swear that the information given herein is true to the best of his/her knowledge and belief. Local Government swears and certifies that it has read and understands the LMIG General Guidelines and Rules and that it has complied with and will comply with the same. Local government further swears and certifies that it has read and understands the regulations for the Georgia Planning Act of 1989 (O.C.G.A. § 45-12-200, et seq.), Service Delivery Strategy Act (O.C.G.A. § 36-70-20, et seq.), and the Local Government Budgets and Audits Act (O.C.G.A. 36-81-1 et seq.) and will comply in full with said provisions. Local government further swears and certifies that the roads or sections of roads described and shown on the local government’s Project List are dedicated public roads and are part of the Public Road System in said county/city. Local government further swears and certifies that it complied with federal and/or state environmental protection laws and at the completion of the project(s), it met the match requirements as stated in the Transportation Investment ACT (TIA). Further, the local government shall be responsible for any claim, damage, loss or expense that is attributable to negligent acts, errors, or omissions related to the designs, drawings, specifications, work and other services furnished by or on behalf of the local government pursuant to this Application (“Loss”). To the extent provided by law, the local government further agrees to hold harmless and indemnify the DEPARTMENT and the State of Georgia from all suits or claims that may arise from said Loss. Revised 11/1/2017 Page 2 GEORGIA DEPARTMENT OF TRANSPORTATION LOCAL MAINTENANCE & IMPROVEMENT GRANT (LMIG) APPLICATION FOR FISCAL YEAR 2020 LOCAL GOVERNMENT AFFIDAVIT AND CERTIFICATION If the local government fails to comply with these General Guidelines and Rules, or fails to comply with its Application and Certification, or fails to cooperate with the auditor(s) or fails to maintain and retain sufficient records, the DEPARTMENT may, at its discretion, prohibit the local government from participating in the LMIG program in the future and may pursue any available legal remedy to obtain reimbursement of the LMIG funds. Furthermore, if in the estimation of the DEPARTMENT, a roadway or bridge shows evidence of failure(s) due to poor workmanship, the use of substandard materials, or the failure to follow the required design and construction guidelines as set forth herein, the Department may pursue any available legal remedy to obtain reimbursement of the allocated LMIG funds or prohibit local government from participating in the LMIG program until such time as corrections are made to address the deficiencies or reimbursement is made. All projects identified on the project list shall be constructed in accordance with the Department’s Standard Specifications of Transportation Systems (Current Edition), Supplemental Specifications (Current Edition), and Special Provisions. Local Government: 46923 E-Verify Number ____________________________ (Signature) Sworn to and subscribed before me, Hardie Davis, Jr. (Print) This _____ day of _______ 2020. Mayor / Commission Chairperson In the presence of: ____________________________ (Date) NOTARY PUBLIC LOCAL GOVERNMENT SEAL: __________________________ My Commission Expires: NOTARY SEAL FOR GDOT USE ONLY The local government’s Application is hereby granted and the amount allocated to the local government is ___________________. Such allocation must be spent on any or all of those projects listed in the Project List. This _________ day of ___________, 20___. ___________________________________ GDOT Office of Local Grants 2021 LMIG PROJECT REPORT COUNTY / CITY RICHMOND/AUGUSTA ROAD NAME BEGINNING ENDING LENGTH (Miles) DESCRIPTION OF WORK PROJECT COST PROJECT LET DATE Mims Rd Sidewalks & Drainage Improvements Cross Creek High School(Engle Rd) to Goshen Elementary School Goshen Elementary School 0.55mi Sidewalks & Road Drainage $1,400,000 January 2021 5th Street Road & Bridge Improvements 5th Street Bridge over Savannah River Reynold Street to Bridge 0.1mi Resurfacing & Sidewalks $550,000 November 2020- Supplememt Scott’s Way Resurfacing Wheeler Rd Skinner Mill Rd 1.5M Resurfacing $844,659 January 2021 Commission Meeting Agenda 11/4/2020 2:00 PM Purchase and Sale Agreement Department:Engineering Dept. Department:Engineering Dept. Caption:Motion to approve request for funding the final lease payment totaling $272,016.28 to Caterpillar Financial Services for two motor graders used in AED Maintenance operations and complete the lease term closeout process. Background:This is the end of a 5-year lease term between the City of Augusta and Caterpillar Financial Services for two motor graders. The expiring lease was a lease purchase agreement which allowed the City of Augusta to own the graders at the end of the lease term. The original lease agreement, approved by Augusta Commission June 2, 2015 , included a provision to sell the two graders back to the Caterpillar dealer, Yancey Brothers Company, at the end of the lease for $268,000. The City has received payment from Yancey Brothers Company and this portion of the end of lease close out process is complete. The last step in the lease close out process is to pay the final lease amount as outlined in the original lease agreement. Analysis:None. Financial Impact:The final lease payment to Caterpillar Financial Services will be funded by the disposition of the equipment to Yancey Brothers per the terms of the lease. To budget for the final lease payment due to Caterpillar Financial Services, we are requesting to increase the budgets for revenue account 101-00-0000/3923110 and expense account 101-04-1260/5224219 be increased by $268,000. Alternatives:Do not approve. Recommendation:Approve the request funding and budget adjustments for final lease payment. Cover Memo Funds are Available in the Following Accounts: Increase budget for Sale of Property - 101-00-0000/39231110 by $268,000 Increase budget for Other Equipment or Vehicle Rental – 101-04-1260/5224219 by $268,000 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Sanitary Sewer Connection Program Department: Department: Caption:Update from the Utilities Department on the Sanitary Sewer Connection Program- areas serviced, scheduled areas, and future scheduled areas. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/4/2020 2:00 PM Willis Foreman Road Improvements Project Department:Engineering Department:Engineering Caption:Motion to approve Additional funding for Engineering Preliminary Design Phase (design phase2/SA3) of the Design Consultant Services Agreement to CHA (formerly Wolverton & Associates, Inc.) in the amount of $192,377.31 for the Willis Foreman Improvement Project as requested by the AED. RFQ 17-265 Background:This project is listed in the Transportation Improvement Program (TIP). Willis Foreman Road is a two-way rural collector with a total of two through lanes. The proposed project provides connectivity between two urban major arterials (US 1 and US 25). The purpose of this project is to improve traffic flow and public safety and minimize traffic congestion by increasing the capacity and providing improvements along Willis Foreman Road between SR4/US1 and SR121/US25. Project Improvements concept includes widening to three lanes roadway section and turn lanes as needed, widening the bridge over Spirit Creek (if needed), major intersection improvements and adding curb and gutter, sidewalks and street lights . In March 2018, Augusta Commission awarded Willis Foreman Design Professional Services to Wolverton & Assoc. (now CHA Companies). Analysis:Project is under design. A phased design approach is adopted as a result of GDOT project oversight and federal funding. On March 6, 2018 Augusta Commission approved funding for design concept phase initial tasks. Project is ready for primary design and right-of-way plans development (Phase 2 of design completion process) and funded for this phase was approved on August 18, 2020. However, total fee amount for this phase was not added correctly and this addition is differential amount of total fee for completing preliminary design and ROW plans. August 18, 2020 approved amount is $1,441,833.55, however, total fee for this phase is $1,634,210.86. Cover Memo Financial Impact:MPO Z230 funds. Augusta MPO through GDOT identified federal and state funding source to complete engineering design phase. It is a reimbursable expense. Augusta entered in agreement (Project Framework Agreement) with GDOT for utilizing federal and state funding for the project up to the amount of $3,000,000.00 for completing Design. Alternatives:2). Do not approve and abandon the project. Recommendation:Approve Additional funding for Engineering Preliminary Design Phase (design phase2/SA3) of the Design Consultant Services Agreement to CHA (formerly Wolverton & Associates, Inc.) in the amount of $192,377.31 for the Willis Foreman Improvement Project as requested by the AED. Funds are Available in the Following Accounts: MPO Transportation Improvement Program Z230 funds 340041110-5414110-JL TP1809005 REVIEWED AND APPROVED BY: Cover Memo Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ 17-265 Project:Willis Foreman Road Widening and Reconstruction PI No.:0013703 County:Richmond Master Contract: Prime:CHA Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:5-Jun-2020 Fixed Fee %:10%Task Order No: Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee CHA CHA Hussey Gay Bell Michael Baker International CHA VHB Hussey Gay Bell Johnson Laschober CHA United Consulting Johnson Laschober Primacq Enter discipline provided by firm >>Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Survey Landcaping Utilities Investigation (SUE) Geotech Lighting Vendor-ROW Totals 3,076,044.41$ 53,237.99$ 1,058,354.41$ 704,211.12$ 211,881.52$ 107,651.45$ 255,450.10$ 125,983.21$ 37,834.78$ 174,967.55$ 235,897.58$ 94,684.70$ 15,890.00$ 1 Concept Development -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2 Database Preparation 103,403.73$ -$ -$ -$ -$ -$ -$ -$ -$ 103,403.73$ -$ -$ 3 Environmental Document 149,911.44$ 4,602.37$ 11,577.54$ 7,068.49$ -$ -$ 126,663.04$ -$ -$ -$ -$ -$ 4 Preliminary Plans 1,097,976.34$ 21,493.67$ 468,476.22$ 341,952.01$ 123,115.36$ 14,823.13$ 5,852.06$ 16,011.46$ 18,759.95$ 19,362.67$ 21,413.91$ 46,715.90$ 5 Right of Way Plans 282,919.35$ 3,068.24$ 127,087.16$ 63,825.76$ -$ -$ -$ 73,048.19$ -$ -$ -$ -$ 15,890.00$ 6 Final Plans 1,297,890.58$ 24,073.71$ 451,213.49$ 291,364.86$ 88,766.16$ 14,197.90$ 109,823.60$ 36,923.56$ 19,074.83$ -$ 214,483.67$ 47,968.80$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 Special Studies 143,942.97$ -$ -$ -$ -$ 78,630.42$ 13,111.40$ -$ -$ 52,201.15$ -$ -$ 9 Public Involvement -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Fee 258,191.01$ 4,831.96$ 94,484.95$ 63,138.64$ 19,100.05$ 9,715.24$ 22,176.49$ 9,260.04$ 3,439.53$ 13,371.47$ 10,064.94$ 8,607.70$ Tab Name>> PM1 Rd1 DS1 Br1 Trf1 Env1 Srv1 LA SUE1 OMT1 Lt1 DBE (Yes or No)No No No No No No No No No No No No DBE Participation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ DBE % Contract DBE Goal %0.0% N/A Phase Phase Description Include a column for each discipline tab included in the proposal. Ensure formulas link to the corresponding discipline tab. 7/26/2020 11:53 AM Willis Foreman - TO 3 - 7-7-2020 Cost Summary Page 1 of 2 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ 17-265 Project:Willis Foreman Road Widening and Reconstruction PI No.:0013703 County:Richmond Master Contract: Prime:CHA Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:5-Jun-2020 Fixed Fee %:10%Task Order No: N/A CHA CHA Hussey Gay Bell Michael Baker International CHA VHB Hussey Gay Bell Johnson Laschober CHA United Consulting Johnson Laschober Primacq Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Survey Landcaping Utilities Investigation (SUE) Geotech Lighting Vendor-ROW Totals 25,080 292 9,165 5,824 1,590 868 2,133 1,162 474 1,725 917 930 - 1 Concept Development - - - - - - - - - - - - 2 Database Preparation 924 - - - - - - - - 924 - - 3 Environmental Document 1,151 24 80 48 - - 999 - - - - - 4 Preliminary Plans 8,905 122 3,982 2,774 872 108 30 94 231 115 117 460 5 Right of Way Plans 2,494 16 1,190 584 - - - 704 - - - - 6 Final Plans 10,140 130 3,913 2,418 718 102 982 364 243 - 800 470 7 Construction Services - - - - - - - - - - - - 8 Special Studies 1,466 - - - - 658 122 - - 686 - - 9 Public Involvement - - - - - - - - - - - - By Phase / Firm Phase Phase Description Total Hours Hours Summary 7/26/2020 11:53 AM Willis Foreman - TO 3 - 7-7-2020 Cost Summary Page 2 of 2 Augusta-Richmond County, Georgia RFQ-17-265 BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, . Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is authorized to CPB#3400041110-TP1809005. This request is for Supplement Agreement Number Two to Wolverton & Associates, Inc., in the amount of $192,377.31 for the MPO Z230 project for Willis Foreman Road Improvement Project. Funding is available in the MPO Z230 funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. MPO Z230 1,005,512$ MPO Z230 174,899$ MPO Z230 1,441,834$ MPO Z230 192,377$ 2,814,622$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Hardie Davis, Jr., Mayor Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#340041110-TP1809005 CAPITAL PROJECT BUDGET Willis Foreman Improvement Project 1 of 2 10/22/2020 Augusta-Richmond County, Georgia RFQ-17-265 CPB#340041110-TP1809005 CAPITAL PROJECT BUDGET Willis Foreman Improvement Project CPB AMOUNT CPB SOURCE OF FUNDS CPB ADDITION NEW CPB MPO Z230 (2,622,245)$ -$ (2,622,245)$ 340-041110-5212115 MPO Z230 (192,377)$ (192,377)$ 340-041110-5212115 TOTAL SOURCES: (2,622,245)$ (192,377)$ (2,814,622)$ USE OF FUNDS Engineering 340-041110-5212115-TP1809005 2,622,245$ -$ 2,622,245$ Engineering 340-041110-5212115-TP1809005 192,377$ 192,377$ TOTAL USES:2,622,245$ 192,377$ 2,814,622$ 2 of 2 10/22/2020 (SA02 – For changes greater than $20,000) October 2020 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, CHA formerly “Wolverton & Associates, Inc.,” Consultant, entered into a contract with Augusta-Richmond County on “March 6, 2018”, Project No. 340-041110- TP1809005 File Reference No. 17-265, PI No. 0013703 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Funding for the Engineering Preliminary Design Phase 2 for the Willis Foreman Improvement Project. It is agreed that as a result of the above described modification the contract amount is increased by $192,377.31 from $2,622,244.40 to a new total of $2,814,621.71. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, CHA formerly “Wolverton & Associates, Inc.”, Consultant, hereby agree to said Supplemental Agreement 2 consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor CHA formerly Wolverton & Associates, Inc. Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: Title: Augusta Richmond County Project Number(s): #340-041110-TP1809005 Supplemental Agreement Number: 3 Purchase Order Number: 18ENG546 Commission Meeting Agenda 11/4/2020 2:00 PM Wrightsboro Road Improvements Project Department:Engineering Department:Engineering Caption:Motion to approve supplemental funding (SA1) for Engineering Preliminary and Final Design Phases (PE) of the Design Consultant Services Agreement to CHA (formerly Wolverton & Associates, Inc.) in the amount of $859,132.28 for the Wrightsboro Road Improvements Project as requested by the AED. RFQ 19-238 Background:Wrightsboro Road Improvements project is an approved SPLOST project. The Wrightsboro Road Reconstruction and Pedestrian Improvements project will provide pavement rehabilitation and shoulder improvements from Marks Church Road to Highland Avenue. First phase of the project is limited to conceptual design consider traffic-based needs, accessibility requirements, and multi-modal needs to include bus, bicycle, and pedestrians. This phase is used to develop preliminary and final design including right-of-way plans. The scope includes topographic and drainage survey; preliminary environmental and stormwater studies; traffic studies to determine the need for signals, turn lanes, and midblock crossings; a review of bus accessibility and sidewalk compliance with ADA standards; and pavement rehabilitation design that will correct failing subgrade and improve rideability along the corridor. Also included are study of street lighting options, potential for street trees, and landscaping/hardscaping to improve corridor aesthetics. Pm December 3, 2019, Augusta Commission awarded Wrightsboro Road Design Professional Services to Wolverton & Assoc. (now CHA Companies). Analysis:Project is under design. On December 3, 2019, Augusta Commission approved funding for design concept phase initial tasks. Concept phase is substantially completed and project is ready for Preliminary and Final Design phases including right- of-way plans development (Phase 2 of design completion process). Cover Memo Financial Impact:Project SPLOST VII Funds. Alternatives:1). Do not approve and find alternative to complete the project Recommendation:Approve supplemental funding (SA1) for Engineering Preliminary and Final Design Phases (PE) of the Design Consultant Services Agreement to CHA (formerly Wolverton & Associates, Inc.) in the amount of $859,132.28 for the Wrightsboro Road Improvements Project as requested by the AED. Funds are Available in the Following Accounts: Project SPLOST VII Funds : 329-041110-216829304/52.12115 REVIEWED AND APPROVED BY: Cover Memo Georgia Department of Transportation COST PROPOSAL SUMMARY Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Prime:Wolverton & Associates Contract Type:Cost Plus Date:7-Aug-2020 Fixed Fee %:10% Offeror:Wolverton & Associates Master Contract: 6745 Sugarloaf Parkway Contract Expiration: Suite 100 Task Order No:2 Duluth, Georgia 30097 Contact:Leah Cassell 706-447-8999 Project Manager lcassell@chacompanies.com Contract Office:Office of Program Delivery Contract Action:Task Order Contract Type:Cost Plus Task Order Totals Maximum Allowable Cost 859,132.28$ (Prime) Maximum Amount for Fixed Fee 50,985.05$ Provisional Overhead Rate 147.68% Fixed Fee Percentage 10% Minimum DBE Percentage 0.0% 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Cover Page 1 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 Project Team Firms Manage- ment Roadway Design Support Bridge Traffic Environ- mental Survey Aerial Mapping Geotech- nical SUE By GDOT--> By Others--> Not Required-->X X X X X Prime:Wolverton & Associates No X X X X X Subs:CHA Consulting No Johnson Laschober & Associates No ISM, LLC Yes X X Firm Involvement 0-Jan-1900 DBE? 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Project Page 2 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration:0-Jan-1900 Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 Cost Summary by Firm Maximum Allowable Compensation ==>859,132.28$ DBE Goal >0.0% Estimated Amounts by Firm DBE (Yes/No) Estimated DBE Participation Estimated DBE % TOTALS ==>859,132.28$ 77,483.82$ 205,907.64$ 24.0% Prime:Wolverton & Associates 567,646.01$ 50,985.05$ No Subs:CHA Consulting -$ -$ No Johnson Laschober & Associates 85,578.63$ 7,779.88$ No ISM, LLC 205,907.64$ 18,718.89$ Yes 205,907.64$ 24.0% Maximum Fixed Fee Amounts by Firm 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Firm Summary Page 3 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Wolverton & Associates Wolverton & Associates ISM, LLC Sub Firm Name 4 ISM, LLC 0 Wolverton & Associates 0 0 Johnson Laschober & Associates Johnson Laschober & Associates Enter discipline provided by firm >>Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Lighting Landscaping Totals 859,132.28$ 26,604.54$ 541,041.47$ 150,616.13$ -$ 55,291.51$ -$ -$ -$ -$ -$ -$ 59,391.20$ 26,187.43$ 1 Concept Development -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2 Database Preparation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3 Environmental Document -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans 449,724.30$ 13,501.54$ 266,504.03$ 95,188.50$ -$ 32,608.13$ -$ -$ -$ -$ -$ 28,530.70$ 13,391.40$ 5 Right of Way Plans 45,977.28$ 1,835.86$ 44,141.42$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 Final Plans 363,430.70$ 11,267.14$ 230,396.02$ 55,427.63$ -$ 22,683.38$ -$ -$ -$ -$ -$ 30,860.50$ 12,796.03$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 Special Studies -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Fee 77,483.82$ 2,415.93$ 48,569.12$ 13,692.38$ -$ 5,026.51$ -$ -$ -$ -$ -$ 5,399.20$ 2,380.68$ Tab Name>>PM1 Rd1 DS1 Br1 Trf1 Env1 Env2 Srv1 Map1 SUE1 OMT1 Lt1 La1 DBE (Yes or No)No No Yes Yes No No No DBE Participation 205,907.64$ -$ -$ 150,616.13$ -$ 55,291.51$ -$ -$ -$ -$ -$ -$ -$ -$ DBE %24.0%17.5%6.4% Contract DBE Goal %0.0% 0-Jan-1900 Phase Phase Description Include a columnfor each discipline tab included in the proposal. Ensure formulas link to the corresponding discipline tab. 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Cost Summary Page 4 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 0-Jan-1900 Wolverton & Associates Wolverton & Associates ISM, LLC Sub Firm Name 4 ISM, LLC 0 Wolverton & Associates 0 0 Johnson Laschober & Associates Johnson Laschober & Associates Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Lighting Landscaping Totals 6,480 146 4,232 887 - 320 - - - - - - 580 315 1 Concept Development - - - - - - - - - - - - - 2 Database Preparation - - - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - - - 4 Preliminary Plans 3,323 74 2,060 558 - 191 - - - - - 280 160 5 Right of Way Plans 366 10 356 - - - - - - - - - - 6 Final Plans 2,791 62 1,816 329 - 129 - - - - - 300 155 7 Construction Services - - - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - - - By Phase / Firm Phase Phase Description Total Hours Hours Summary 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Cost Summary Page 5 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%147.68%0.30% TOTALS ==>146 26,604.54$ -$ 2,415.93$ 24,188.61$ 9,754.26$ 14,405.09$ 29.26$ 1 Concept Development - -$ -$ -$ -$ -$ -$ -$ 2 Database Preparation - -$ -$ -$ -$ -$ -$ -$ 3 Environmental Document - -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans 74 13,501.54$ -$ 1,226.06$ 12,275.48$ 4,950.19$ 7,310.44$ 14.85$ 5 Right of Way Plans 10 1,835.86$ -$ 166.71$ 1,669.15$ 673.10$ 994.03$ 2.02$ 6 Final Plans 62 11,267.14$ -$ 1,023.16$ 10,243.98$ 4,130.97$ 6,100.62$ 12.39$ 7 Construction Services - -$ -$ -$ -$ -$ -$ -$ 8 Special Studies - -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement - -$ -$ -$ -$ -$ -$ -$ Wolverton & Associates Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced PM1 Page 8 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Phase Level Summary - Labor ˅ Enter Employees Current Direct Labor Hourly Rate EXCLUDING ESCALATION <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Manager - Sr.Administrative Traffic - PM Sr.Traffic PM Project Engineer Phase Description $67.31 $32.72 $75.00 $55.29 $48.08 TOTALS ==>146 102 6 30 8 - - - - - - 1 Concept Development - - - - - - - - - - - 2 Database Preparation - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - 4 Preliminary Plans 74 41 3 22 8 - - - - - - 5 Right of Way Plans 10 10 - - - - - - - - - 6 Final Plans 62 51 3 8 - - - - - - - 7 Construction Services - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Phase Description TOTALS ==>-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced PM1 Page 9 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Hours by Task Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 1 Concept Development Assumptions / Notes - - - - - - - - - - - Project Management - Coordination Meetings 1 meeting/month for 6 months - Project Management - Schedule Management/Updates 1 update/progress report or meeting minutes per month for 6 months - Project Administration (Contracting, Invoicing, etc.)1 hour per month for 6 months - Prepare Project Management Plan - Prepare Quality Control Plan - Attend PAR Meeting - Attend Initial Concept Team Meeting assume kick-off meeting at AED - Attend Concept Team Meeting Dry Run - Attend Concept Team Meeting - Review Concept Layout, Report, Cost Estimates 1 layout and cost opinion - Review Traffic Data Report/Traffic Projections Assumes 15 intersections. Will review: growth rate calculation, traffic data report, traffic projections (for Existing, Build Year, and Design Year) Review Traffic Simulation Models Assumes there will be 150 models (15 intersections, 5 scenarios [Existing, Opening Year No Build, Opening Year Build, Design Year No Build, Design Year Build] that look at AM and PM Peaks) Review Traffic Report Review traffic report, including 2 traffic signal warrants Value Engineering Study - Review Materials, Participate, Review and Respond to Recommendations - Review/Submit Traffic Projections - Review/Submit Traffic Reports - Coordination with Airport/FAA - Coordinate with Transit staff - - Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - - Project Management - Coordination Meetings 1 kick-off meeting - Project Management - Schedule Management/Updates internal coordination - 1 hr per month for 4 months - Project Administration (Contracting, Invoicing, etc.)0.25 per month for 4 months - Prepare/Mail Survey Entry Letters - Review/Submit Databases - - - Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - - Project Management - Coordination Meetings coordination with sub - 0.5 hr per month for 6 months - Project Management - Schedule Management/Updates coordination with sub - 0.5 hr per month for 6 months - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced PM1 Page 10 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Project Administration (Contracting, Invoicing, etc.)0.25 per month for 4 months - Review Environmental Submittals review of one environmental screening - - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced PM1 Page 11 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 4 Preliminary Plans Assumptions / Notes 74 41 3 22 8 - - - - - - Project Management - Coordination Meetings Assume 1 meeting in Augusta, 1 per month via conference call for 6 months 12 6 6 - Project Management - Schedule Management/Updates Assume 1 hour per month for 6 months 6 6 Project Administration (Contracting, Invoicing, etc.) Assume 0.5 hour per month for 6 months for PM and Admin 6 3 3 Coordinate/Attend Constructability Review - - - Review PFPR Submittals, Request 32 16 8 8 Attend PFPR Assume no in-person meeting. 2 2 - Review PFPR Responses 16 8 - 8 - - - - Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 5 Right of Way Plans Assumptions / Notes 10 10 - - - - - - - - - Project Management - Coordination Meetings Assume 1 meeting via conference call 2 2 Project Management - Schedule Management/Updates Assume included in Phase 4. - Project Administration (Contracting, Invoicing, etc.)Assume included in Phase 4. - Review Right of Way Plan Submittals 8 8 - - - Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 6 Final Plans Assumptions / Notes 62 51 3 8 - - - - - - - Project Management - Coordination Meetings Assume 1 meeting in Augusta, 1 per month via conference call for 6 months 6 6 Project Management - Schedule Management/Updates Assume 1 hour per month for 6 months 6 6 Project Administration (Contracting, Invoicing, etc.) Assume 0.5 hour per month for 6 months for PM and Admin 6 3 3 Review FFPR Submittals, Request 16 16 Attend FFPR Assume no in-person meeting. 8 4 - 4 Review FFPR Responses 10 8 - 2 Review Final Plan Submittals 10 8 2 - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced PM1 Page 12 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 7 Construction Services Assumptions / Notes - - - - - - - - - - - Project Management & Coordination - Project Administration (Contracting, Invoicing, etc.) - - - - Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - - - - - - - Total Hours Project Manager - Sr. Administrative Traffic - PM Sr. Traffic PM Project Engineer - - - - - 9 Public Involvement Assumptions / Notes - - - - - - - - - - - Project Management - Coordination Meetings - Project Management - Schedule Management/Updates - Project Administration (Contracting, Invoicing, etc.) - Review Public Involvement Plan - Attend PIOH, Review Comments & Responses - Attend PHOH, Review Comments & Responses - Participate in CAC Organization and Meetings - Participate in Local Government Meetings assume 1 meeting in Augusta, 1 via conference call - Meetings, Conversations with Individual Property Owners - Prepare for, Attend Key Stakeholder Meetings assume 1 stakeholder meeting in Augusta - Prepare for, Attend EJ Community Meetings - Prepare for, Attend Neighborhood Meetings - Prepare for, Attend Special Interest Group Meetings - - - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced PM1 Page 13 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%147.68%0.30% TOTALS ==>4,232 541,041.47$ 6,192.90$ 48,569.12$ 486,279.45$ 196,096.24$ 289,594.92$ 588.29$ Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 14 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr.Designer CADD Technician Administrative Phase Description $69.71 $67.31 $49.28 $40.87 $55.00 $35.00 $45.00 $40.00 TOTALS ==>4,232 40 498 1,048 2,646 - - - - - - 1 Concept Development - - - - - - - - - - - 2 Database Preparation - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - 4 Preliminary Plans 2,060 24 270 552 1,214 - - - - - - 5 Right of Way Plans 356 4 32 80 240 - - - - - - 6 Final Plans 1,816 12 196 416 1,192 - - - - - - 7 Construction Services - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Vendor Service Right of Way Phase Description TOTALS ==>6,193$ 2,960$ -$ 550$ 585$ -$ 2,098$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans 2,851$ 1,180$ 385$ 390$ 896$ 5 Right of Way Plans -$ 6 Final Plans 3,342$ 1,780$ 165$ 195$ 1,202$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 15 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Hours by Task Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 1 Concept Development Assumptions / Notes - - - - - - - - - - - Discipline Management - Coordination Meetings 1 external meetings , 5 teleconference meetings , 1 internal meeting per week for 6 months - Prepare / Contribute to Project Justification Statement - Coordinate with USACOE (section 408) (Needed only if Army Corp has facility/structure in project) - Assist / Coordinate Bridge Type Study - Information Gathering - Conduct Site Visits 2 site visits - Prepare Quality Assurance Plan - Internal Quality Assurance Reviews - External Peer Review - Prepare Concept Property Database - Contribute to / Prepare Interchange Modification Report (IMR) - Contribute to / Prepare Interchange Justification Report (IJR) - Prepare Highway Safety Manual Analysis - Prepare Capacity Analysis Reports/ Prepare Traffic Summary - Assist / Coordinate PES and PTS Reports Assuming all full depth pavement and no PTS required because not GDOT/PDP. - Complete Concept Pavement Design All full depth - Conceptual Drainage Design - Prepare Concept Profiles no mainline profile changes, possible side road profile change to correct crosswalk area slopes - Prepare Concept Typical Sections (Concept Level) - Prepare Concept Cross Sections (Concept Level) - Prepare Concept Layout 1 layout/alternative - Prepare PAR Layouts, Attend Meeting - Prepare Concept Report - Prepare Design Data Book (design criteria) - Validate/Revise Concept Layout - Validate/Revise Concept Report - Validate/Revise Design Data Book (design criteria) - Prepare Concept Construction Cost Estimate) 1 alternative, 1 estimate for inclusion in concept report - Contribute to Concept Right of Way Cost Estimate assume minimum r/w at intersections - Prepare for, Attend, Document Initial Concept Team Meeting assumes 1 concept team meeting - Prepare for, Attend Concept Team Meeting Dry Run - Prepare for, Attend, Document Concept Team Meeting - Provide Materials for Value Engineering Study - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 16 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Participate in Value Engineering Study - Revise Concept Report per VE Study Recommendations - Coordinate Logical Termini Meetings and Memorandum - Complete Streets Warrants and Design Memo - Coordinate with Airport/FAA 1 meeting - Coordinate with Augusta Transit 1 meeting - First Submission Utilities to identify existing facilities - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - - Discipline Management - Coordination Meetings - Prepare for / Attend Pre-Survey Meeting - Roadway QC of Survey Database - Coordinate submittal for 20% Check - Enhance Topographic Database for Design - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - - Discipline Management - Coordination Meetings 2 meetings - Prepare for, participate in A3M - Agency meetings # meetings, #Agency, List: - Roadway QC of Environmental Document/Studies - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 4 Preliminary Plans Assumptions / Notes 2,060 24 270 552 1,214 - - - - - - Discipline Management - Coordination Meetings 1 external meeting attended by 1 Sr. Engineer , 6 teleconference meetings to be attended by 1 Sr. Engineer and 2 Engineers. Assume 1 meeting every 2 weeks internally 86 12 26 24 24 Coordinate with Adjacent Projects Obtain as-built data as needed on North Leg/Jackson Road project. Gather info on Marks Church paving limits and other paving work on the corridor through AED 4 4 Coordinate with USACOE (section 408) (Needed if Army Corp has facility/structure in project) - Coordinate with Railroads - Prepare RR Submittal Length?,Location?,Description ? - Prepare ATMS Plans - Preliminary Relocation Utility Team Meeting - - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 17 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 1st Utility Plan submission Assume 8 companies. ISM will handle primary scope. Time for CHA will be in preparing 1st submission plans for distribution 13 1 4 8 Prepare Existing Utility Plans from Utility Co. Markups ISM will prepare Utility Plans. Time for CHA to QC. 10 6 4 Right of Way/Utility Team meeting - - - SUE-Coordinate/attend meeting to confirm test holes based on Utility Impact Analysis (UIA) - Prepare Preliminary Right of Way and Easements 117 12 25 80 Contribute to Updated R/W Cost Estimate 12 4 8 Coordinate with Traffic Engineer to incorporate Preliminary Signal Plans to Plan Set 12 4 8 Prepare Signing and Marking Plans 110 10 20 80 Prepare Prelim. Erosion, Sed. & Pollution Control Plans: Sections 50,51,53,54,and 55 176 16 40 120 Prepare Sediment Basin Design / Grading #Sediment Basins - Prepare Hydrological Studies / FEMA for No Zone/ZoneX/ZoneA (FEMA Zone AE & Bridge Culverts are accounted in DS1 Tab, Bridges accounted in Br1 tab) #Culvert, FEMA Zone? - Prepare Preliminary Drainage Design and Layout 100%Urban Shoulder. Gutter spread calculcations, and pipe analysis to outfall or end of survey limits. 156 14 110 32 Prepare Preliminary Drainage Profiles/Cross Sections Assume drainage profiles only of new pipe and tie to existing. Drainage profiles of existing storm systems will not be included. 60 4 16 40 Prepare Drainage Area Map #Outlets 32 2 6 24 Prepare Preliminary Bridge Consturction Staging Plan (Section 20)#Bridges - Prepare Retaining Wall Locations and Envelopes 1 Cut Wall at Masonic Template site, 200-ft Length. Use Cut wall detail provided by AED or GDOT Std. with no structural/special design. 57 5 16 36 Prepare Noise Walls / Barriers #Wall, #Length - Prepare Special Grading Plans (Special Intersections/Roundabout Plans/Ponds) #Special Intersections,# Roundabouts, #Ponds - External Peer Review Coordination and Revise Plans for Roundabouts #Roundabouts - Update / Maintain Design Notebook 22 2 4 16 Prepare Design Exception Report #Exceptions, List: - Prepare Design Variance Report #Variances, List: - Prepare / Contribute to Landscaping Plans Coorindation with JLA 10 2 8 Prepare Pavement Designs prepared by AED on-call Geotech. - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 18 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Prepare intersection sight distance study Assume ISDs will be performed only at locations where there visually appears to be potential sight distance limitations rather than at all intersections. ISDs proposed at 8 commercial drives or intersections. 76 4 16 56 Prepare Typical Sections 28 2 2 24 Prepare Construction Layout/Stakeout Sheet - Prepare Corridor Location Map/Aerial Mosaic (New Location) - Prepare Roadway Plans, Profiles, etc.Complete Rd_Data Tab 202 18 24 160 Prepare Roadway Cross-Sections 150 14 16 120 Prepare Preliminary Driveway Profiles 97 total driveways in project area. Assume that 50% will need minor profile adjustments due to overlay or leveling. Assume 40% will need changes at intersection for ADA compliance. Assume 10% will be unchanged. 226 16 80 130 Prepare Preliminary Staging Plans 2 Stages Exclude Final Stage, Descriptions 166 16 50 100 Prepare Preliminary Staging Cross Sections Assumes full depth replacement - critical areas only 83 8 25 50 Complete Offsite Detour Plans, Prepare and Submit Detour Report - Prepare Prelim. Earthwork Qtys. by Stage Construction - Prepare for, Participate in Constructability Review - - - - Prepare PFPR Plans for Submittal 44 4 16 24 Prepare for, Participate in PFPR Assume no in-field meeting. PFPR comments will be provided via e-mial and/or discussed in teleconference 6 2 2 2 Address PFPR Comments Assume written response to comments with revisions as part of final plans. 36 4 16 16 Prepare Detailed Construction Cost Estimate Per Milestone and Annual Update Detailed Construction Estimate Provided at PFPR only with no annual update. (1 cost esimate) 62 6 16 40 Prepare Draft Special Provisions 4 4 Prepare Special Construction Details List: - Milestones Internal Quality Assurance Reviews #MileStones, QC Accounted with each task, QA Only 52 12 40 FAA Coordination 7460 Forms for lighting and mast arms 48 24 16 8 - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 19 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 5 Right of Way Plans Assumptions / Notes 356 4 32 80 240 - - - - - - Discipline Management - Coordination Meetings Assume these are covered in Phase 4. - Prepare Location and Design Report Assume no state funding. - Prepare Right-of-Way Plans Assume r/w or construction easement from 35 parcels 240 60 180 R/W Plan Review Revisions 30 10 20 Internal Quality Assurance Reviews 36 4 32 Preparing Staking and Deed Data - Revisions during Acquisition 20% anticipated 50 10 40 Prepare displays for Propery Owners Meeting Assume the displays may be provided on request as part of PI process - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 6 Final Plans Assumptions / Notes 1,816 12 196 416 1,192 - - - - - - Discipline Management - Coordination Meetings 1 external meetings; 12 internal meetings by 1 sr. engineer and 2 engineers. 58 22 18 18 Coordinate with USACOE (section 408) (Needed if Army Corp has facility/structure in project) - Coordinate with Railroads - Prepare RR submittal Task not typically required - Coordinate with Utility Companies for Relocations ISM will provide this service. Time for Sr. Engineer to coordinate with ISM 8 8 2nd Utility Plan submission ISM scope - Sr. Engineer time for review 4 4 Supplemental 2nd Utility Plan submission (If applicable) ISM scope - Sr. Engineer time for review 2 2 Finalize Utility Plans ISM scope - Sr. Engineer time for review 12 12 Finalize ATMS/ITS Plans and Details ISM scope - Sr. Engineer time for review under PM Tab - Prepare TMP Report - Coordinate with Traffic Engineer to incorporate Final Signal Plans to Plan Set 16 - 8 8 Finalize Signing and Marking Plans 84 8 16 60 Finalize MS4 Design ISM Scope: City's stormwater requirements, CHA to review 4 4 Finalize Erosion, Sed. & Pol. Ctrl. Plans for Staged Constr. 224 16 48 160 Prepare / Submit “Lockdown” Plans for Permitting 31 or 38 Weeks Prior to Let, as Appropriate (Needed for projects that need 404 Permits and Buffer Variance applications) - Prepare Updated Culvert Plans for USACE permitting - Prepare Special Design Box Culverts #Culvert needed special design - Finalize Drainage Design, Profiles, Cross Sections 100% Closed systems; profiles for new pipes and tie to existing only. 68 4 24 40 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 20 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Finalize Retaining Wall Locations and Envelopes 1 Cut Wall at Masonic Template site, 200-ft Length. Use Cut wall detail provided by AED or GDOT Std. with no structural/special design. Assume 1 additional GDOT standard wall at 100' 66 6 20 40 Finalize Noise Wall / Barrier Plans #Wall, #Length - Finalize/Validate Pavement Design - Finalize Special Grading Plans (Special Intersections/Roundabout Plans/Ponds) Finalizing: #Special Intersections,# Roundabouts, #Ponds - External Peer Review Coordination and Revise Plans for Roundabouts #Roundabouts - Finalize Cover Sheet, Index, General Notes 28 4 8 16 Finalize Typical Sections 26 2 8 16 Finalize Roadway Plans, Profiles, etc.Complete Rd_Data Tab 208 8 40 160 Enhance Proposed Surface for 3D modeling - Finalize Driveway Profiles 74 2 12 60 Finalize Staging Plans and Details Assumes full depth replacement 186 12 24 150 Finalize Staging Cross-Sections Assumes full depth replacement 198 8 40 150 Prepare FFPR Plans for Submittal 44 4 16 24 Prepare for, Participate in FFPR Assume no in-field meeting. PFPR comments will be provided via e-mial and/or discussed in teleconference 6 2 2 2 Address / Implement FFPR Comments Assume written response to comments with revisions as part of final plans. 36 4 16 16 Prepare Corrected FFPR Plans 44 4 16 24 Address Final Corrected Plans comments/revisions 44 4 16 24 Finalize Detailed Construction Quantities, Cost Estimate Per Milestone and Annual Update Detailed Construction Estimate Provided at PFPR only with no annual update. (1 cost esimate) 84 12 24 48 Revise Construction Plans per R/W Acquisition Revisions assume revisions to 10% of project 42 6 12 24 Prepare Special Construction Details - Prepare Special Provisions - Prepare / Contribute To Supplemental Specifications - Prepare Detailed Plan Sheets 74 4 10 60 Prepare / Submit Final Plans 74 4 10 60 Internal Quality Assurance Reviews 36 12 24 Revise Plans, Prepare Amendments During Bidding Process 36 4 16 16 Revise Erosion Control Plans Based on EPD Comments (Assume One Revision Per Project) 30 2 12 16 - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 21 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 7 Construction Services Assumptions / Notes - - - - - - - - - - - `# meetings - Answer Design Inquiries after let/prior to construction - Answer Design Questions during Construction - Participate in Post-Construction Evaluation - Revise Plans for Use-On Construction and/or Amendments - Complete Final Earthwork Coordination - Preconstruction / Construction Status Update Meetings - Assist / Prepare 7-day inspection letter - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 9 Public Involvement Assumptions / Notes - - - - - - - - - - - Discipline Management - Coordination Meetings - Assist with Public Involvement Plan - Prepare for, Attend PIOH, Respond to Comments - Prepare for, Attend PHOH, Respond to Comments # meetings - Assist with Organizing a Citizen's Advisory Committee (CAC)# meetings - Plan, Prepare for, Participate in CAC Meetings # meetings - Plan, Prepare for, Conduct Local Government Meetings assume 1 meeting in Augusta, 1 via conference call - Meetings, Conversations with Individual Property Owners # meetings - Prepare for, Attend, Document Key Stakeholder Meetings assume 1 stakeholder meeting in Augusta - Prepare for, Attend, Document EJ Community Meetings # meetings - Prepare for, Attend, Document Neighborhood Meetings # meetings - Prepare for, Attend, Document Special Interest Group Meetings - Prepare for, Attend Detour Meeting, Respond to Comments - Prepare for, Participate in Charrette - Prepare 3D Visualizations # months - Prepare 3D Animations - Assist / Manage Project Website - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 22 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Wolverton & Associates Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd1 Page 23 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 Project Data Concept Alternatives The following alternatives will be evaluated:Layouts Profiles X-Sections Traffic Envir.Costs 1.Pavement Reconstruction and Sidewalk (evaluate bike lane vs. sharrow) 2.Assume one concept alternative 3.Assume 14' flush median throughout project Alternative No. 1 is anticipated to be the preferred alternative. All assumptions below are based on that alternative. Roadway Mainline Functional Classification Principal Arterial (Principal Arterial, Minor Arterial, Collector, Local) Rural or Urban Urban Terrain Level ( Level, Rolling, Mountainous) Length in Miles New Location Widening Overlay No. Lanes Design Speed Design Classifi- cation Access Outside Shoulder Type Median Type Median Width Profile Change Approx AADT Wrighstboro Road 2.7 5 45 Arterial Uncontrolled C&G Flush No 28,000 Subtotal Mainline Length 2.7 C&S Drive 0.03 0.03 Ridgewood Drive 0.03 0.03 Ranch Drive 0.03 0.03 Springview Drive 0.03 0.03 North Leg/Jackson - - Fox Trace 0.03 0.03 Champagne Avenue 0.03 0.03 Valley Park Ct 0.03 0.03 Valley Park E 0.03 0.03 Hires Street 0.03 0.03 Damascus Road 0.03 0.03 Magnolia Drive 0.03 0.03 Pine Needle Road 0.03 0.03 Iris Drive 0.03 0.03 Highland Avenue 0.03 0.03 Ohio Avenue 0.03 0.03 Subtotal Side Road Length 0.5 Local UncontrolledPaved Flush Total Roadway Length 3.2 Miles Collector By Permit C&G Raised Arterial Partial ControlGrass Grassed No. of Interchanges 0 Freeway Full Control None No. of Unsignalized Intersections 9 (Include At-Grade Intersections that are No. of Signalized Intersections 7 part of the Interchanges counted above) No. of Parcels 115 36 Parcels per Total Roadway Mile No. of Driveways - Driveways per Total Roadway Mile Construction Plan Scale 1" = 20 Feet (20, 50, 100) 0-Jan-1900 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd_Data Page 24 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 0-Jan-1900 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd_Data Page 25 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 Fixed Fee %:10%Task Order No:2 0-Jan-1900 Right of Way Acquisition Parcels Affected No. Residential - No Relocation 0 Estimate of Condemnation Cases Residential - Relocation 0 Commercial - No Relocation 0 Commercial - Relocation 0 NPO/Government - No Relocation 0 NPO/Government - Relocation 0 TOTAL - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Rd_Data Page 26 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%125.00% TOTALS ==>887 150,616.13$ -$ 13,692.38$ 136,923.75$ 60,855.00$ 76,068.75$ -$ ISM, LLC Design Support It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced DS1 Page 27 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Design Support It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr.Designer CADD Technician Project Administrator Phase Description $85.00 $75.00 $65.00 $60.00 $55.00 $35.00 $45.00 $40.00 TOTALS ==>887 97 376 186 160 - - - 68 - - 1 Concept Development - - - - - - - - - - - 2 Database Preparation - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - 4 Preliminary Plans 558 52 268 92 106 - - - 40 - - 5 Right of Way Plans - - - - - - - - - - - 6 Final Plans 329 45 108 94 54 - - - 28 - - 7 Construction Services - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Phase Description TOTALS ==>-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced DS1 Page 28 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Design Support It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Hours by Task Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 1 Concept Development Assumptions / Notes - - - - - - - - - - - Discipline Management - Coordination Meetings - Complete Concept MS4 Summary if information is available only necessary when outfalls are known - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - - Discipline Management - Coordination Meetings - Prepare Coast Guard Permit Task not typically used - Only for causeway with no opening - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 4 Preliminary Plans Assumptions / Notes 558 52 268 92 106 - - - 40 - - Discipline Management & Coordination - Prepare MS4 Post-Construction Stormwater Report or Preliminary design of structure for environmental reasons #outfalls (or structures if outside of MS4) 111 10 60 35 6 Prepare Hydrological Studies / FEMA 69 8 40 15 6 - Discipline Management & Coordination 32 12 12 8 Preparation/Attend Constructability review Task not typically required - Coordinate with USACOE (section 408)Task not typically required - Internal Quality Control Reviews 44 8 8 16 8 4 External Peer Review 20 - 20 Address GDOT Design Policy Office Review Comments 52 4 20 8 16 4 Prepare H&H study for Bridge Class Culvert - Prepare FEMA Floodplain Studies, Zone AE no designated FW - Prepare FEMA Floodplain Studies, Zone AE w/Designated FW & No-Rise Certifications 58 6 24 8 16 4 Prepare CLOMR Task not typically required - Prepare Existing Utility Plans from Utility Co. Markups 142 2 80 40 16 4 1st Utility Plan submission 30 2 16 8 4 - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced DS1 Page 29 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Design Support It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 5 Right of Way Plans Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 6 Final Plans Assumptions / Notes 329 45 108 94 54 - - - 28 - - Discipline Management & Coordination 80 16 - 60 4 Finalize design of post construction structures (for water quality or detention) 102 10 40 8 40 4 - Coordinate with USACOE (section 408)Task not typically required - Prepare Final drainage profiles - - - - - - Internal Quality Control Reviews 28 4 6 6 8 4 External Peer Review - - - - Address Review Comments - - - - - - Right of Way/Utility Team meeting 14 4 4 4 2 Coordinate with Utility Companies for Relocations 40 3 25 6 6 2nd Utility Plan submission 10 2 4 2 2 Supplemental 2nd Utility Plan submission (If applicable) 10 2 4 2 2 Finalize Utility Plans 45 4 25 6 6 4 - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 7 Construction Services Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 9 Public Involvement Assumptions / Notes - - - - - - - - - - - Various meetings and inquiries from public officials - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced DS1 Page 30 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%125.00% TOTALS ==>320 55,291.51$ -$ 5,026.51$ 50,265.00$ 22,340.00$ 27,925.00$ -$ ISM, LLC Traffic Operations It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Trf1 Page 31 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Traffic Operations It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr.Designer CADD Technician Project Administrator Phase Description $85.00 $75.00 $65.00 $60.00 $55.00 $35.00 $45.00 $40.00 TOTALS ==>320 77 - 243 - - - - - - - 1 Concept Development - - - - - - - - - - - 2 Database Preparation - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - 4 Preliminary Plans 191 38 - 153 - - - - - - - 5 Right of Way Plans - - - - - - - - - - - 6 Final Plans 129 39 - 90 - - - - - - - 7 Construction Services - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Copies/ reproduction 30 24-hour counts 2 12-hour TM counts 10 Classification counts 7 Peak hour TM counts Phase Description TOTALS ==>-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Trf1 Page 32 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Traffic Operations It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Hours by Task Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 1 Concept Development Assumptions / Notes - - - - - - - - - - - Office of Planning - Discipline Management & Coordination - Establish growth rates for Traffic Forecast - Obtain Traffic Counts - Prepare Traffic Projections Methodolgy Report - Prepare Design Traffic, Including Diagrams 9 key intersections - Internal Quality Assurance Reviews - - Office of Traffic Operations - Discipline Management & Coordination - Prepare Crash Rates 3 years of data/1000 crashes - Perform Detailed Crash Analysis 3 years of data/1000 crashes - Prepare Traffic Engineering Study Report including Intersection Control Evaluation (ICE) Analysis 9 key intersections/2 SWA - Prepare conceptual signal drawing - Prepare conceptual signal cost estimate - Attend Initial Concept Team Meeting - Attend Concept Team Meeting - Internal Quality Assurance Reviews - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 4 Preliminary Plans Assumptions / Notes - 38 - 153 - - - - - - - Office of Traffic Operations 5 signals: Valley Park Dr, Damascus Rd, Pine Needle, Daniel Village, and Highland - Discipline Management & Coordination 5 8 Prepare Preliminary Signing & Marking Plans - Signal Upgrade Projects Only 3 20 Prepare 50% Signal Plans and Review with Traffic Opeations 6 30 Complete Preliminary Signal Plans 3 55 Prepare Preliminary Signal Communication Plans 5 10 Prepare Preliminary ATMS/ITS Plans 3 10 Signal Plan quanitities in CES 5 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Trf1 Page 33 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Traffic Operations It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Prepare for, Participate in PFPR 3 5 Respond to PFPR Comments 2 10 Internal Quality Assurance Reviews - 8 - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 5 Right of Way Plans Assumptions / Notes - - - - - - - - - - - Note: Use Rd tab(s) for Limited Scope Signal or ITS-only projects - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 6 Final Plans Assumptions / Notes 129 39 - 90 - - - - - - - Office of Planning - Discipline Management & Coordination 5 5 Obtain Traffic Counts - Update Design Traffic Diagrams 2 2 Prepare Memo, Submit for Approval - Internal Quality Assurance Reviews 1 1 - Office of Traffic Operations - Discipline Management & Coordination 11 6 5 Finalize Signal Plans (PFPR Corrections) 28 3 25 Finalize Signal Communication Plans (PFPR Corrections) 11 3 8 Finalize ATMS/ITS Plans and Details (PFPR Corrections) 11 3 8 Finalize Detailed Construction Quantities, Cost Estimate 9 1 8 Prepare for, Participate in FFPR 8 3 5 Respond to FFPR Comments 10 2 8 Correct FFPR plans and submit 10 2 8 PS&E Submittal - Address comments prior to letting 13 5 8 Internal Quality Assurance Reviews 10 5 5 - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 7 Construction Services Assumptions / Notes - - - - - - - - - - - - - - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - Prepare Interchange Modification Report (IMR) - Prepare Interchange Justification Report (IJR) - - - Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Trf1 Page 34 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate ISM, LLC Traffic Operations It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 9 Public Involvement Assumptions / Notes - - - - - - - - - - - Office of Traffic Operations - Discipline Management & Coordination - Prepare for, Attend PIOH, Respond to Comments - Prepare for, Attend PHOH, Respond to Comments - Prepare for, Participate in CAC Meetings - Prepare for, Attend Local Government Meetings - Prepare for, Attend Key Stakeholder Meetings - Prepare for, Attend EJ Community Meetings - Prepare for, Attend Neighborhood Meetings - Prepare for, Attend Special Interest Group Meetings - Prepare for, Particpate in Charrette - - Office of Design Policy & Support - Discipline Management & Coordination - Prepare visualization/simulation of traffic - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Trf1 Page 35 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFP Np. 19-238 Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond County Master Contract: Prime:Wolverton Contract Type:Contract Expiration: Date:21-Aug-2019 Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%150.00% TOTALS ==>315 26,187.43$ -$ 2,380.68$ 23,806.75$ 9,522.70$ 14,284.05$ -$ 1 Concept Development -$ -$ -$ -$ -$ -$ -$ 2 Database Preparation -$ -$ -$ -$ -$ -$ -$ 3 Environmental Document -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans 160 13,391.40$ -$ 1,217.40$ 12,174.00$ 4,869.60$ 7,304.40$ -$ 5 Right of Way Plans -$ -$ -$ -$ -$ -$ -$ 6 Final Plans 155 12,796.03$ -$ 1,163.28$ 11,632.75$ 4,653.10$ 6,979.65$ -$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ 8 Special Studies -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement -$ -$ -$ -$ -$ -$ -$ Project Level Summary - Labor Staff Type / Project Hourly Rates / Hours Hourly Rates Include Composite Escalation Over Current Rates of: Total Principal Project Manager Senior Landscape Architect Landscape Designer $76.50 $43.20 $35.00 $23.25 TOTAL HOURS ==>315 15 16 92 192 TOTAL DIRECT LABOR COST==>9,523$ 1,148$ 691$ 3,220$ 4,464$ -$ -$ -$ -$ -$ Project Level Summary - Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental TOTALS ==>-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Johnson Laschober & Associates Landscaping Other Direct Costs Total Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced LA1 Page 36 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFP Np. 19-238 Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond County Master Contract: Prime:Wolverton Contract Type:Contract Expiration: Date:21-Aug-2019 Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Landscaping Staff Type / Project Hourly Rates / Hours Hourly Rates Include Composite Escalation Over Current Rates of: Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer Phase Description $76.50 $43.20 $35.00 $23.25 TOTALS ==>315 15 16 92 192 1 Concept Development 2 Database Preparation 3 Environmental Document 4 Preliminary Plans 160 8 8 48 96 5 Right of Way Plans 6 Final Plans 155 7 8 44 96 7 Construction Services 8 Special Studies 9 Public Involvement Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Phase Description TOTALS ==>-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced LA1 Page 37 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFP Np. 19-238 Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond County Master Contract: Prime:Wolverton Contract Type:Contract Expiration: Date:21-Aug-2019 Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Landscaping Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 1 Concept Development Assumptions / Notes 176 Conceptual Level Landscaping 92 Conceptual Level Irrigation 52 Concept Cost Estimate 32 Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 2 Database Preparation Assumptions / Notes Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 3 Environmental Document Assumptions / Notes Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 4 Preliminary Plans Assumptions / Notes 160 8 8 48 96 Preliminary Landscape Plans and Details 62 4 2 16 40 Preliminary Irrigation Plans and Details 52 2 2 16 32 Preliminary Quantities 26 2 8 16 Preliminary Cost Estimate 20 2 2 8 8 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced LA1 Page 38 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFP Np. 19-238 Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond County Master Contract: Prime:Wolverton Contract Type:Contract Expiration: Date:21-Aug-2019 Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Landscaping Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 5 Right of Way Plans Assumptions / Notes Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 6 Final Plans Assumptions / Notes 155 7 8 44 96 Final Landscape Plans and Details 62 4 2 16 40 Final Irrigation Plans and Details 50 2 16 32 Final Quantaties 26 2 8 16 Final Cost Estimate 17 3 2 4 8 Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 7 Construction Services Assumptions / Notes Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 8 Special Studies Assumptions / Notes 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced LA1 Page 39 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFP Np. 19-238 Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond County Master Contract: Prime:Wolverton Contract Type:Contract Expiration: Date:21-Aug-2019 Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Landscaping Total Hours Principal Project Manager Senior Landscape Architect Landscape Designer 9 Public Involvement Assumptions / Notes Prepare for, participate in PIOH 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced LA1 Page 40 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%150.00% TOTALS ==>580 59,391.20$ -$ 5,399.20$ 53,992.00$ 21,596.80$ 32,395.20$ -$ 1 Concept Development - -$ -$ -$ -$ -$ -$ -$ 2 Database Preparation - -$ -$ -$ -$ -$ -$ -$ 3 Environmental Document - -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans 280 28,530.70$ -$ 2,593.70$ 25,937.00$ 10,374.80$ 15,562.20$ -$ 5 Right of Way Plans - -$ -$ -$ -$ -$ -$ -$ 6 Final Plans 300 30,860.50$ -$ 2,805.50$ 28,055.00$ 11,222.00$ 16,833.00$ -$ 7 Construction Services - -$ -$ -$ -$ -$ -$ -$ 8 Special Studies - -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement - -$ -$ -$ -$ -$ -$ -$ Johnson Laschober & Associates Lighting Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Lt1 Page 41 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Lighting Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Phase Level Summary - Labor ˅ Enter Employees Current Direct Labor Hourly Rate EXCLUDING ESCALATION <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Principal Project Manager Senior Engineer Engineer Phase Description $76.50 $43.20 $51.20 $29.10 TOTALS ==>580 - 40 188 352 - - - - - - 1 Concept Development - - - - - - - - - - - 2 Database Preparation - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - 4 Preliminary Plans 280 - 20 88 172 - - - - - - 5 Right of Way Plans - - - - - - - - - - - 6 Final Plans 300 - 20 100 180 - - - - - - 7 Construction Services - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Phase Description TOTALS ==>-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Lt1 Page 42 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Lighting Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Hours by Task Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 1 Concept Development Assumptions / Notes - - - - - - - - - - - Concept Development - Concept Cost Estimate - FAA Coordination - Solar Power Evaluation - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 4 Preliminary Plans Assumptions / Notes 280 - 20 88 172 - - - - - - Discipline Management & Coordination 20 20 Site Visits 20 8 12 Begin coordination with Power Co. for Service Point Location(s) 12 4 8 Prepare photometric analyses as required in scope (roadway, sidewalk, intersection, underpass, and\or tunnel photometric studies) 80 24 56 Final photometrics, including two options - Alternative photometric study Only at GDOT request - Prepare Photometric Plan Sheets 52 12 40 Prepare Preliminary Detailed Construction Quantities, Cost Estimate 24 8 16 Internal Quality Assurance Reviews 8 8 Revise Photometrics per AED Comments 12 4 8 Coordinate with GDOT Aviation Program Manager and FAA Required for any projects with HMT within 3 miles of airport 32 12 20 Prepare for, Participate in PFPR 8 4 4 Address PFPR Comments 12 4 8 - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 5 Right of Way Plans Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 6 Final Plans Assumptions / Notes 300 - 20 100 180 - - - - - - Discipline Management & Coordination 20 20 Finalize Service Point Location 16 4 12 Prepare Voltage Drop calculations and Size all electrical equipment 32 8 24 Review Design Guide for Guardrail requirements Only for standalone lighting projects - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Lt1 Page 43 of 44 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract: Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:7-Aug-2020 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:2 Discipline:Hours & Cost Estimate Johnson Laschober & Associates Lighting Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS Placement of Guardrail on Plans Only for standalone lighting projects - Erosion Control Only for standalone lighting projects - Prepare Draft Lighting Plans for Second Utility Submittal 44 12 32 Address Second Utility Submittal Comments/Adjustments 12 4 8 Prepare General Notes, Legend, and Pole Data Sheet(s) 24 8 16 Prepare Single Line Diagram(s) and Wiring Schematic (if needed) 24 8 16 Prepare Detail Sheets (to include Lights, Foundations, Service Points, Junction Boxes, etc…) 24 8 16 Prepare Special Provisions - Prepare Supplemental Specifications 12 12 Finalize Detailed Construction Quantities, Cost Estimate 24 8 16 Foundation Design Only if necessary once Standard is adopted. - Internal Quality Assurance Reviews 8 8 Prepare Final Submittal Package for use in FFPR 24 8 16 Prepare for, Participate in FFPR 6 2 4 Address FFPR Comments 12 4 8 Provide corrected FFPR Plans 6 2 4 Provide Final Sealed Plans to Contract 6 2 4 Revise Plans, Prepare Amendments During Bidding Process 6 2 4 - - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 7 Construction Services Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - - - - - - Total Hours Project Principal Project Manager Senior Engineer Engineer - - - - - - 9 Public Involvement Assumptions / Notes - - - - - - - - - - - Prepare for, participate in PIOH Only for standalone lighting projects - - - 10/22/2020 12:38 PM Wrightsboro Rd CostProposalSummary_TO 2_reduced Lt1 Page 44 of 44 (SA02 – For changes greater than $25,000) October 2020 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, CHA formerly “Wolverton & Associates, Inc.,” Consultant, entered into a contract with Augusta-Richmond County on “February 6, 2020”, Project No. 329-041110- 216829304 File Reference No. 19-238, and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Design And Engineering Services for Wrightsboro Rd (Highland Ave to Marks Church Rd) Reconstruction and Pedestrian Improvements It is agreed that as a result of the above described modification the contract amount is increased by $859,132.28 from $428,454.07 to a new total of $1,287,586.35. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, CHA formerly “Wolverton & Associates, Inc.”, Consultant, hereby agree to said Supplemental Agreement 2 consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor CHA formerly Wolverton & Associates, Inc. Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: Title: Augusta Richmond County Project Number(s): #329-041110-216829304 Supplemental Agreement Number: 1 Purchase Order Number: 20ENG836 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#329-041110 to award the preliminary engineering concept phase (design phase 1) of the Design Consultant Services Agreement to Wolverton & Associates, Inc. in the amount of $859,132.28 for the Wrightsboro Rd Improvements and Reconstruction project. Funds available in the project SPLOST VII Funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VII 428,454$ SPLOST Phase VII 859,132$ 1,287,586$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#329-041110 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) 1 of 4 10/22/2020 Augusta-Richmond County, Georgia CPB#329-041110 CAPITAL PROJECT BUDGET Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VII (428,454)$ -$ (428,454)$ 329-041110-5212115 SPLOST PHASE VII (859,132)$ (859,132)$ 329-041110-5212115 TOTAL SOURCES:(428,454)$ (859,132)$ (1,287,586)$ USE OF FUNDS ENGINEERING 329-041110-5212115 428,454$ -$ 428,454$ ENGINEERING 329-041110-5212115 859,132$ 859,132$ 216829304-5212115 TOTAL USES:428,454$ 859,132$ 1,287,586$ 2 of 4 10/22/2020 the preliminary engineering concept phase (design phase 1) of the Design Consultant Services CPB#329-041110 Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) 3 of 4 10/22/2020 CPB#329-041110 Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) 4 of 4 10/22/2020 Commission Meeting Agenda 11/4/2020 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