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HomeMy WebLinkAbout2021-07-01 Meeting AgendaCommission Meeting Agenda Commission Chamber 7/1/2021 2:00 PM INVOCATION: Reverend Brendolyn Jenkins Boseman, Pastor Hudson CME Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) June 2021 Years of Service Recipients! A. Congratulations! June 2021 Years of Service Recipients!Attachments Five (5) minute time limit per delegation DELEGATIONS B.Mr. DeWayne Pearson regarding cigar lounge.Attachments C.Y. Harpo-Brown regarding wrongful eviction.Attachments CONSENT AGENDA (Items 1-3) PUBLIC SERVICES 1.Motion to approve amendment Augusta, Georgia Code, Title 3, Article 18, Chapter 6: Noise Ordinance, Section 3-6-1 through Section 3-6-3 so as to provide clarity with regards to enforcement. (Approved by Commission June 15, 2021 - second reading) Attachments ENGINEERING SERVICES 2.Motion to approve adoption of the Wireless Facilities and Antennas Ordinance as requested by Augusta Engineering Department. Also adopt associated Permitting and Right-of-Usage guidance documents and forms. Requested by AED. (Approved by Commission June 15, 2021 - second reading) Attachments PETITIONS AND COMMUNICATIONS 3.Motion to approve the minutes of the Regular Meeting held on June 15, 2021. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/1/2021 AUGUSTA COMMISSION REGULAR AGENDA 7/1/2021 (Items 4-30) PUBLIC SERVICES 4.Motion to approve New Location: A.N. 21-17: request by Mark Guillory for an On Premise Consumption Liquor, Beer & Wine License and a Retail Package Beer & Wine License to be used in connection with Taste Wine Room located at 879 Broad Street. District 1. Super District 9. Attachments 5.Motion to approve New Location: A.N. 21-19: request by Aasim Mohammed Abdul for a Retail Package Beer & Wine License to be used in connection with Augusta Food, LLC located at 1342 Gordon Highway. District 1. Super District 9. Attachments 6.Motion to approve New Location: A.N. 21-18: request by Aasim Mohammed Abdul for a Retail Package Beer & Wine License to be Attachments used in connection with Neha Group, LLC located at 1499 Gordon HIghway. District 2. Super District 9. 7. Discussion: consider probation, suspension or revocation of the Alcohol License and Business License for Mr. Brian Brittingham, d/b/a: Southbound Smokehouse, LLC, 1855 Central Avenue, for failure to comply with the Augusta-Richmond County Alcohol Ordinance, Dance Ordinance and Occupation Tax Ordinance. Attachments 8.Alcohol Ordinance: Motion to approve amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include delivery of off premise consumption alcoholic beverages as provided for in Georgia House Bill 879; to provide that restaurants may offer mixed drinks to-go as provided for in Georgia Senate Bill 236, to include beer and wine in unopened packages; and to include hours of sale for Single Event Alcohol Licenses. Attachments 9. Update from Rebecca Rogers on the state of public art in Augusta. The update includes updates on current projects, as well as the requested information as to how the funding for the Augusta Sculpture Trail works and clarification on requests for future funding. Attachments 10.Parks and Recreation possibility of sponsoring a Youth Water Safety Program to include swimming and rescue instruction. (Requested by Commissioner John Clarke) Attachments ADMINISTRATIVE SERVICES 11.Motion to approve the Choice Neighborhoods Application Certifications - Planning Grants and MOU. Augusta as the lead applicant is required to execute the attached documents and include them as a part of the full submission due July 9, 2021. Attachments 12.Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract with the East Augusta Community Development Corporation to provide additional HOPWA funding for the continuance of operation and services to eligible HOPWA citizens. Attachments 13.Motion to approve Housing and Community Development Department’s (HCD's) contract between HCD and Marshall Davis for the down payment subsidy assistance for one (1) single-family housing unit identified as 410 McQueen Court. Attachments PUBLIC SAFETY 14.Consider request from Gold Cross Ambulance Services for a rate increase. (Requested by Commissioner John Clarke)Attachments FINANCE 15.Motion to approve a resolution authorizing the commencement of the validation process for the bonds approved by the voters in the March 16, 2021 election. Attachments 16.Motion to approve a resolution declaring the results of the the March 16, 2021 special purpose local option sales tax election results. Attachments 17. Discuss directing the Procurement Department to seek bids for firms to conduct an in depth Forensic Audit of entire financials of each city department. (Requested by Commissioners John Clarke and Catherine McKnight) Attachments ENGINEERING SERVICES 18.Motion to approve the reallocation of the funding source for SA 1 and SA 2 which were previously approved by Commission on 2/16/21 and 6/1/2021 respectively. Approve Funds Revision in the amount of $163,696 for completing supplemental roadway needed Improvements (Supplement Construction Contract (SA1 and SA2) to E R Snell Contactor, Inc.) in conjunction with Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements Project as requested by AED. Bid 18-260. Attachments 19. Motion to approve Deed of Dedication and Maintenance Agreement, for water and sanitary sewer, for Beacon Station (f/k/a The Foundry). Attachments 20.Motion to approve award of Construction Contract to Morgan Corp in the amount of $11,064,437.00 for Deans Bridge Road Solid Waste Facility Phase 2C Final Closure System and Cover Project. Award is contingent upon receipt of signed contracts, proper bonds, and applicable procurement documents and License associated to subject work. Request by AED. RFP 21-183 Attachments 21.Motion to approve funding for Dennis Road Improvements in the amount of $400,361.00 for Infrastructure Systems Management (ISM) continuity of Field Engineering and Improvements Plan Development under On-Call Professional Services for Engineering and Field Design contract. Requested by AED. RFP 19-241. Attachments 22. Provide answers reference funding to complete the Landfill Consent Order. (Requested by Commissioner Sammie Sias)Attachments 23.Motion to approve award of Construction Contract to Reeves Construction in the amount of $1,103,494.05 for Mims Road Sidewalk and Drainage Improvements Project . Award is contingent upon receipt of signed contracts, proper bonds and applicable License associated to subject work. Request by AED. Bid 21-167. Attachments 24.Motion to reeceive as information – Emergency Purchase Order / Correction of Fees for repairs to Landfill roads and drainage by Infrastructure Systems Management, LLC. Attachments 25.Motion to approve Supplement Construction Contract with Reeves Construction Co. in the amount of $178,681.00 to cover additional costs of replacing failing storm drainage pipe between 13th and 11th on Ellis Street. Requested by AED. Bid: 20-164 Attachments 26. Discuss the "Roadbotics" Technology used to determine which roads and streets need to be paved first. (Requested by Commissioner John Clarke) Attachments PETITIONS AND COMMUNICATIONS 27.Motion to consider for approval 2021-2022 Georgia Municipal Association's District 7 slate of officers.Attachments APPOINTMENT(S) 28.Consider the appointment of one from the following list of candidates from the Augusta Legislative Delegation for appointment as Chairman of the Richmond County Board of Elections: Tim McFall Wayne Gilford Ken Bond Attachments ADMINISTRATOR 29.Motion to accept the FY22 Budget Retreat Summary Report and affirm Quality of Life, Infrastructure, Public Safety, Governance/Finance, Economic Development, and External Relationships as the FY22 Commission budget priorities. (GMA/Administrator Donald) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 30.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 7/1/2021 2:00 PM Invocation Department: Department: Caption:Reverend Brendolyn Jenkins Boseman, Pastor Hudson CME Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM June 2021 Years of Service Recipients! Department:Human Resources Department Department:Human Resources Department Caption: Congratulations! June 2021 Years of Service Recipients! Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov June 07, 2021 Department Directors & Elected Officials, The Commission on June 16, 2009, adopted the Augusta-Richmond County Employee Incentive Awards Program (EIAP). The program provides a number of initiatives that have been designed to show our appreciation for our dedicated and loyal employees. The ability to recognize and honor our employees’ longevity has been established through our new Years of Service (YOS) program. A complete description of the EIAP and its operating procedures is located on the Human Resources site at http://augwebv017:8080/EmployeeResources/hrcitynet/default.aspx. We are pleased to advise you that for the month of June 2021, the following employee(s) have attained their anniversary date in recognition of 25-50 years of dedicated service and are now eligible to receive their Years of Service pin and certificate: FIRST LAST DEPT YOS BRUCE WILLIAMS SHERIFF’S OFFICE 25 HERBERT BARNETT SHERIFF’S OFFICE 25 KRIS KENNEDY SHERIFF’S OFFICE 25 ROBERT HOLLIDAY FIRE DEPARTMENT 25 JAMES MAY FIRE DEPARTMENT 25 JERRY MURPHY PARKS & RECREATION 25 NICHOLAS WRIGHT FIRE DEPARTMENT 30 GARY HEWETT INFORMATION TECH 35 NORMA LEE UTILITIES DEPARTMENT 45 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for July 1, 2021, for recognition by the Mayor and Commission and presentation of their service pins and certificates of achievement. All persons to be recognized should be in the Commission Chambers by 1:45 p.m. Please let us know whether the employee will or will not attend by contacting me by phone at (706) 826-1377 or via e-mail at fcretella@augustaga.gov, by Monday June 28, 2021, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, Human Resource Director Augusta-Richmond County, Human Resources Department /fmc cc: Mayor Hardie Davis, Jr. Odie Donald II, Administrator Lena Bonner, Clerk of Commission Commission Meeting Agenda 7/1/2021 2:00 PM Mr. DeWayne Pearson Department: Department: Caption:Mr. DeWayne Pearson regarding cigar lounge. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Y. Harpo-Brown Department: Department: Caption:Y. Harpo-Brown regarding wrongful eviction. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Noise Ordinance Department:Planning & Development Department:Planning & Development Caption:Motion to approve amendment Augusta, Georgia Code, Title 3, Article 18, Chapter 6: Noise Ordinance, Section 3-6-1 through Section 3-6-3 so as to provide clarity with regards to enforcement. (Approved by Commission June 15, 2021 - second reading) Background:On August 5, 2019, Augusta was sued based on the plaintiff’s belief that the enforcement of the noise ordinance violated his First Amendment Rights. The Court issued a preliminary injunction restraining Augusta from enforcing the noise ordinance as it relates to the use of sound amplification devices. Since the injunction, Augusta has been limited in its ability to enforce the noise ordinance. Analysis:The newly drafted ordinance will provide clarity with regards to enforcement without running afoul of First Amendment issues. The First Amendment protects free speech rights of citizens, nevertheless the City may impose reasonable restrictions on the time, place and manner in which persons exercise this right, subject to certain provisos. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, CHAPTER 6, NOISE, SECTION 3-6-1 THROUGH SECTION 3-6-3, SO AS TO ADOPT THE PROPOSED NEW NOISE ORDINANCE THAT WILL PROVIDE CLARITY WITH REGARDS TO ENFORCEMENT; 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, THE NOISE ORDINANCE IS AMENDED AS FOLLOWS: SECTION 1. Title 3, Chapter 6, NOISE, Section 3-6-1 through Section 3-6-3, are hereby amended by deleting these sections in their entirety, AND new Section 3-6-1 through Section 3- 6-3, are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor 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 ________________, 2021 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 6 NOISE Sec. 3-6-1. Regulated. (a) Purpose: It shall be unlawful for any person to make, continue or cause to be made or continued or permit to be made, continued or caused any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in Augusta-Richmond County. (b) Plainly audible as used in this Chapter means any noise or sound which can be heard by the auditory senses of a person standing at a distance no less than the distances set forth below from the sound. Words or phrases need not be discernable for music and other noises to be prohibited. Bass reverberations are included in the prohibited noises. Sec. 3-6-2. Prohibited loud noises enumerated. (a) Restrictions of 300 feet for 7:00 a.m. through 11:00 p.m. Sunday through Thursday and 7:00 a.m. through 12:00 midnight on Friday and Saturday. (1) Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate, or permit to be played, used, or operated any radio receiving device, television, stereo, musical instrument, phonograph, sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the place, building, structure or vehicle, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday. (2) Yelling, shouting, other human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday. (3) Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the source of the sound cast upon the public streets or other public property or from the place, building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight on Friday and Saturday. (4) Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or social event to produce noise in such a manner that such noise is plainly audible at a distance of 300 feet or more from the building or structure from which the noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight on Friday and Saturday. For the purposes of this subsection, a "person in charge of a party or other social event" shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any combination thereof, as described in paragraph a of this section. (b) Restrictions of 100 feet for 11:00 p.m. through 7 a.m. Sunday through Thursday and 12:00 midnight through 7:00 a.m. on Saturday and Sunday. (1) Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate, or permit to be played, used, or operated any radio receiving device, television, stereo, musical instrument, phonograph, sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the building, structure, or motor vehicle or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday. (2) Yelling, shouting, other human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the place on public streets and sidewalks, or in the case of private real property, beyond the property limits, on which the person is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday. (3) Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday. (4) Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or event to produce noise in such a manner so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure from which the party noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday. For the purposes of this subsection, a "person in charge of a party or other social event" shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any combination thereof, as described in paragraph b of this section. (c) Other restrictions. (1) Animals, birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity. (2) Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper county authorities. (3) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (4) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in a manner as to create loud and unnecessary grating, grinding, rattling or other noise within a residential area. (5) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (6) Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; however, the inspections and permits department shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period not to exceed ten (10) days within which time such work and operation may take place within the hours of 10:00 p.m. to 7:00 a.m. (7) Schools, courts, places of worship. The creation of any excessive noise on any street adjacent to any school, institution of learning, place of worship or court while in use, which unreasonably interferes with the normal operation of that institution, provided that conspicuous signs are displayed in those streets indicating a school, court, or place of worship. (8) Transportation of metal rails or similar materials. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places so as to cause loud noises or as to disturb the peace and quiet of those streets or other public places. (9) Blowers. The operation of any noise-creating blower or power fan or any internal- combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise. (10) Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other commercial purposes. The use of sound trucks for noncommercial purposes during hours and in places and with volume as would constitute this use as a public nuisance. (11) Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in Augusta- Richmond County except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any device for any unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up. (d) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such residential dwelling units. Except for persons within commercial enterprises that have an adjoining property line or boundary with a residential dwelling unit, it is unlawful for any person to make, continue, or cause to be made or continued any noise in such a manner as to be plainly audible to any other person a distance of five feet beyond the adjoining property line wall or boundary of any apartment, condominium, townhouse, duplex, or other such residential dwelling units with adjoining points of contact. For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling, shouting, hooting, whistling, singing, or mechanically-produced sounds made by radio-receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing, or amplifying of sound, or any combination thereof. For the purposes of this subsection, "property line or boundary" shall mean an imaginary line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses, duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or boundary includes all points of a plane formed by projecting the property line or boundary including the ceiling, the floor, and the walls. (e) The prohibitions of this section shall not apply to the following: 1. Any vehicle of Augusta-Richmond County while engaged in necessary public business. 2. Noise from an exterior burglar alarm of any building, or from any automobile alarm, provided such alarm shall terminate its operation within 15 minutes of its activation. 3. The generation of noise in the performance of any work or action necessary to deliver essential services including, but not limited to, water or sewer projects, and other related public works projects; repairing gas, electric, telephone, and/or public transportation facilities; removing fallen trees on public rights-of-way; or abating emergency conditions threating the public health, safety or general welfare. 4. Noise from snow blowers, snow throwers, and snowplows. 5. Noise generated from celebrations, outdoor festivals, and/or municipally sponsored or approved events which were approved by contract, permit or otherwise. 6. Noises resulting from the operation of the Augusta Regional Airport and the Daniel Field Airport. 8. Noises resulting from any event sponsored by, associated with, or approved by a recognized institution of learning. 9. Noises that result from or arise out of or stem from the occurrence of a professional sporting event or organized sports league. 10. Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities in the normal course of their business. Sec. 3-6-3. Health Care Facility Zones. (a) Purpose. There shall be within Augusta-Richmond County what shall be known as health care facility zones around such hospitals, sanitoriums, physicians’ offices, walk-in medical centers, medical diagnostic centers, surgical centers, and facilities which are licensed, certified or otherwise authorized to perform medical procedures in this state and to provide health services that are free from shouting and other amplified sounds. "Health care facility" shall not include residential homes, convalescent homes or other facilities that provide long term residency. (b) Limitations. No person shall shout or cause to be produced, or allow to be produced, by any means, any amplified sound, including the playing, using, operating, or permitting to be played, used, or operated any radio receiving device, television, stereo, musical instrument, phonograph, tape or CD player, sound amplifier, or other machine or device that produces or reproduces amplified sound on any public street or sidewalk or from private property that is plainly audible at a distance of 100 feet of the property line of a property housing a health care facility or any other institution reserved for individuals seeking health care treatment, the sick, or infirmed, provided that the public streets or sidewalks adjacent to such facilities shall be clearly marked by conspicuous signs identifying those areas. (c) Signage required. It shall be the duty of each health care facility or owner of such establishment to erect and maintain lampposts or signs in some conspicuous place on every street, avenue or alley in the vicinity of every health care facility, public or private. The signs which must meet and conform to the city's sign code shall be placed on such streets, avenues or alleys upon which a health care facility is situated and shall read in a manner similar to, but not restricted to, the following: "Hospital" or "Health Care Facility." Commission Meeting Agenda 7/1/2021 2:00 PM Small Cell Facility Ordinance Telecommunication Services and Right of Way Usage File Reference: 21 – 014(A) Department:Engineering Department:Engineering Caption:Motion to approve adoption of the Wireless Facilities and Antennas Ordinance as requested by Augusta Engineering Department. Also adopt associated Permitting and Right-of- Usage guidance documents and forms. Requested by AED. (Approved by Commission June 15, 2021 - second reading) Background:O.C.G.A. §32-4-92(a)(10) / 32-4-42(6) authorizes Augusta, GA (City) to establish reasonable regulations for the installation, construction, maintenance, renewal, removal and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals and other equipment, facilities or appliances in, on, along, over or under the public roads of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way. Finally, the Georgia Streamlining WirelessFacilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the “SWFAA”), addresses the placement of small wireless facilities in the public rights of way of the City . Analysis:Development of this ordinance is a coordinated effort among AED, Augusta Legal Department and AED GMA Consultant. The Ordinance establishes requirements, specifications, reasonable conditions regarding placement of small wireless facilities, poles in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City. The Ordinance implements (i)the SWFAA and (ii) ensure use of the public rights of way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents’ quality of life.Cover Memo Financial Impact:Positive Financial Impact. Entity pays right-of-way usage fee. Alternatives:1). Not proposed. Recommendation:Approve adoption of the Wireless Facilities and Antennas Ordinance as requested by Augusta Engineering Department. Also adopt associated Permitting and guidance documents and forms. Requested by AED. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Augusta, GA Small Cell Facility ROW Usage Ordinance 1 |6 P a g e ORDINANCE NO. ___________________ AUGUSTA, GA WIRELESS FACILITIES AND ANTENNAS ORDINANCE ARTICLE I PURPOSE AND COMPLIANCE Section 1.1 O.C.G.A. §32-4-92(a)(10) / 32-4-42(6) authorizes Augusta, GA (City) to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the “SWFAA”), addresses the placement of small wireless facilities in the public rights of way of the City. Section 1.2 The City finds it is in the best interest of the City and its residents and businesses to establish requirements, specifications reasonable conditions regarding placement of small wireless facilities, poles in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City. Section 1.3 The objective of this Ordinance is to (i) implement the SWFAA and (ii) ensure use of the public rights of way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents’ quality of life. ARTICLE II DEFINITIONS Section 2.1 Unless defined below, terms used in this Ordinance shall have the meanings given them in O.C.G.A. § 36-66C-2. Section 2.2 In the event that any federal or state law containing definitions used in this Ordinance is amended, the definition in the referenced section, as amended, shall control. ARTICLE III PERMITS Section 3.1 A permit is required to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of Augusta, GA Small Cell Facility ROW Usage Ordinance 2 |6 P a g e way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f). Section 3.2 Any person seeking to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way shall submit an application to the City ENGINEERING DEPARTMENT (AED) for a permit. Applications are available from the AED. Any material change to information contained in an application shall be submitted in writing to the AED within 30 days after the events necessitating the change. Section 3.3 Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b). Section 3.4 The AED shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13. Section 3.5 Applications for permits shall be approved except as follows: (a) In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which: (i) the applicant has the right to collocate subject to reasonable terms and conditions; and (ii) such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination. (b) The AED may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j). (c) For applications for new poles in the public right of way in areas zoned for residential use, the AED may propose an alternate location in the public right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the AED proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination. Section 3.6 A permit issued under this ARTICLE III shall authorize such person to occupy the public rights of way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C- 7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2). Augusta, GA Small Cell Facility ROW Usage Ordinance 3 |6 P a g e Section 3.7 Upon the issuance of a permit under this Ordinance, and on each anniversary of such issuance, every person issued a permit shall submit to the City the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights of way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person’s annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b). Section 3.8 Any person issued a permit shall pay the fees identified in O.C.G.A. § 36- 66C-5(a)(6) and (a)(7), as applicable. Section 3.9 The City may revoke a permit issued pursuant to this ARTICLE III if the wireless provider or its equipment placed in the public right of way under that permit subsequently is not in compliance with any provision of this Ordinance or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the City may proceed according to Section 3.10. Section 3.10 If a wireless provider occupies the public rights of way without obtaining a permit required by this ARTICLE III or without complying with the SWFAA, then the City may, at the sole discretion of the City, restore the right of way, to the extent practicable in the reasonable judgment of the City, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the City in doing so, plus a penalty not to exceed $1,000.00. The City may suspend the ability of the wireless provider to receive any new permits from the City under this ARTICLE III until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the City may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction. Section 3.11 All accepted applications for permits shall be publically available subject to the limitations identified in O.C.G.A. § 36-66C-6(c). Section 3.12 An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13. Section 3.13 Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2). Section 3.14 Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of 10 years. Augusta, GA Small Cell Facility ROW Usage Ordinance 4 |6 P a g e Section 3.15 Permits shall be renewed following the expiration of the term identified in Section 3.14 upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B). Section 3.16 If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights of way, then the City shall, within 60-days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the City shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n). ARTICLE IV REMOVAL; RELOCATION;RECONDITIONING;REPLACEMENT ABANDONMENT Section 4.1 A person may remove its small wireless facilities from the public rights of according to the procedures of O.C.G.A. § 36-66C-5(e). Section 4.2 In the event of a removal under Section 4.1, the right of way shall be, to the extent practicable in the reasonable judgment of the City, restored to its condition prior to the removal. If a person fails to return the right of way, to the extent practicable in the reasonable judgment of the City, to its condition prior to the removal within 90 days of the removal, the City may, at the sole discretion of the City, restore the right of way to such condition and charge the person the City’s reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The City may suspend the ability of the person to receive any new permits under ARTICLE III until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the City will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction. Section 4.3 If, in the reasonable exercise of police powers, the City determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the City make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law. Section 4.4 The City shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate Augusta, GA Small Cell Facility ROW Usage Ordinance 5 |6 P a g e with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36- 66C- 7(m). Section 4.5 A wireless provider must notify the City of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The City may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law. ARTICLE V STANDARDS Section 5.1 Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right of way as a permitted use: (i) upon a receipt of a permit under ARTICLE III; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36- 66C-7(h). (a) New, modified, or replacement poles installed in the right of way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level. (b) Each new, modified, or replacement pole installed in the right of way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of: (i) Fifty feet above ground level; or (ii) Ten feet greater in height above ground level than the tallest existing pole in the same public right of way in place as of January 1, 2019, and located within 500 feet of the new proposed pole; (c) New small wireless facilities in the public right of way and collocated on an existing pole or support structure shall not exceed more than ten feet above the existing pole or support structure. (d) New small wireless facilities in the public right of way collocated on a new or replacement pole under Section 5.1(a) or Section 5.1(b) may not extend above the top of such poles. Section 5.2 A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the City has identified that a streetlight is necessary. Augusta, GA Small Cell Facility ROW Usage Ordinance 6 |6 P a g e Section 5.3 Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows: (a) Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure; (b) Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure, or be designed and placed to minimize visual impacts. (c) Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights of way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed. (d) Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible. Section 5.4 Notwithstanding any provision of this Ordinance to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under ARTICLE III and (ii) compliance with applicable codes. Section 5.5 Notwithstanding any provision of this Ordinance to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under ARTICLE III and (ii) compliance with applicable codes. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 1/11 CITY OF AUGUSTA APPLICATION FOR A PERMIT TO COLLOCATE SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT OF WAY OR TO INSTALL, MODIFY OR REPLACE A POLE OR DECORATIVE POLE IN THE PUBLIC RIGHT OF WAY FOR COLLOCATION OF A SMALL WIRELESS FACILITIES THIS PERMIT ONLY GIVES PERMISSION TO SET OR REPLACE A POLE. ALL CONSTRUCTION WORK NEEDED TO INSTALL AND ACTIVATE OTHER SAMM-CELL EQUIPMENT SHALL REQUIRE A UTILITY RIGHT OF WAY ENCROACHMENT PERMIT. This application may not be used: • For approval to place facilities outside of the public rights of way. • New, modified, or replacement poles installed in the right of way in a historic district or an area zoned primarily for residential that exceed 50 feet above ground level. • New, modified, or replacement poles installed in the right of way outside of a historic district or an area zoned primarily for residential that exceed the greater of: (i) 50 feet above ground level and (ii) 10 feet greater in height above ground level than the tallest existing pole in the same public right of way in place as of January 1, 2019, and located within 500 feet of the new proposed pole. • New small wireless facilities in the public right of way and collocated on an existing pole or support structure that exceed more than ten feet above the existing pole or support structure. • New small wireless facilities in the public right of way collocated on a new or replacement pole that extend above the top of such poles. • Installation, modification or replacement of a support structure. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 2/11 Applicant and Consultant Name and Contact Information Applicant Consultant (if applicable) Applicant Name: Address: City: State / Zip Code: Phone: Fax: Contact Person Name: Contact Person Number: Email Address: 24 Hour Contact Information: Name and Title: Phone: Email: Consultant Name: Address: City: State / Zip Code: Phone: Fax: Contact Person Name: Contact Person Number: Email Address: 24 Hour Contact Information: Name and Title: Phone: Email: APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 3/11 General Description of Work Location (address and lat/lon): _______________________________________________ Describe (new, replace/maintain): Number of Steel Poles: __________________________ Number of Wood Poles: _________________________ Total Linear Footage: ___________________________ Project Start Date: ______________ Projected End Date: ______________ APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 4/11 Please attach the following applicable information to the Application/Permit Form:  Detailed Construction Drawings  Structural Report [Collocation Only]  Visual Depictions or Representations [Above-Ground, If Not Included in Construction Drawings]  Location of Facilities Relative to the Boundaries of the Rights of Way via a Map APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 5/11 Applicant Certification Applicant agrees to indemnify and hold harmless the City and all officers, employees or agents of the City consistent with the provisions of O.C.G.A. § 36-66C-15. This permit is requested this ______ day of ___________________ in the year 20____. ______________________________________ _____________________________________ By Signature By Witness Signature ______________________________________ ______________________________________ Printed Name Title Title/Position >>>FOR STAFF USE ONLY<<< DATE RECEIVED: _________________________ PERMIT #: ______________________________ # OF FACILTIES: __________________________ Permit is hereby:  Approved  Denied Reason for Denial: Permit Fee to be submitted with Application. Permit Fee Calculation:  Collocation - $100.00 per small wireless facility  Replacement Pole - $250.00 per small wireless facility  New Pole - $1,000.00 per pole with an associated small wireless facility Permit Granted by: _______________________________________ Date: ______________________ APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 6/11 General Provisions Shot Clocks 1. Within 20 days of application receipt, authority must notify applicant of the following: • Commencement and completion dates of any widening, repair, construction or ROW relocation that is expected to begin within next 24 months. • Any aspect of the application that they expect would be grounds for denial, based on initial review. • Determine whether the application is complete or incomplete and must identify any incomplete information in writing. • An applicant has 20 days to respond to the authority with any incomplete information in the submitted application. The authority has 10 days to tell the applicant if the application is now complete. If the application is still considered incomplete, the application will be considered denied. If the authority doesn’t respond in this 10-day period, the application is deemed complete. 2. For a collocation application, the authority must approve or deny an application within 30 days of it being determined complete. 3. For a replacement pole or new pole application, the authority must approve or deny an application within 70 days of the application being determined complete. Application, Right of Way Access and Attachment Fees; Right of Way Management and Restoration 1. Annual Right of Way access rate for small wireless facility collocated on either an existing or replacement pole, up to $100 per year per small wireless facility. 2. Annual Right of Way access rate for a new pole with a small wireless facility, up to $200 per year per small wireless facility and pole. 3. Annual attachment rate for a small wireless facility to an authority pole, up to $40 per year per small wireless facility. 4. Applicants shall pay a fee for any make-ready work (See 36-66C-7). 5. Applicants shall pay any generally applicable fees for any permit required under generally applicable law, provided that the applicant shall not be required to obtain or pay for a building permit as the permit provided under this chapter serves as a building permit. 6. The rates and fees described above for application, ROW access and attachment shall increase by 2.5 percent annually beginning in January 2022. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 7/11 7. Applicants are not subject to any rates and fees other than those expressly provided for in this chapter. 8. If a small wireless facility is removed from the ROW, after 30 days written prior notice, provider may cease paying any applicable fees or rates. 9. In the event of removal, the ROW must be returned to prior condition within 90 days of removal. If the ROW isn’t restored to prior condition, authority may do the work and charge the provider the cost for repair, plus a penalty of up to $500. 10. An applicant can be suspended from submitting additional applications until the restoration cost and penalty fee have been paid. Small Wireless Facility application requirements and general ROW access provisions 1. A third-party applicant must designate the wireless provider that they are applying on behalf of. 2. Permits are not required for routine inspection or testing, or for modifications/replacement of equipment if the components are substantially similar and consistent. 3. Permits are not required for installation of micro wireless facilities (cable’s strand mounted Wi-Fi). 4. Authority cannot grant exclusive access to the ROW and the authority must be competitively neutral. 5. A provider will not install a new pole or replace a decorative pole without first attempting to collocate on an existing pole: the inability to collocate must be based on the assessment of an engineer and provided in writing. Wireline backhaul and statute limitations 1. Wireline backhaul installation, maintenance and replacement are not addressed under this statute and are subject to the requirements of 46-5-1. 2. Except as provided for within this chapter or expressly authorized under state or federal law, an authority will not adopt regulations or taxes/fees regarding the placement of communications facilities in the ROW by a communications service provider. 3. This statute does not apply to an authority providing free public Wi-Fi. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 8/11 Consolidated Applications and Number of applications allowed per carrier Number of applications per Class I authority = 100,000 parcels + • A consolidated application may have up to 10 new poles. A consolidated collocation application may have up to 20 collocations. • 25 new pole applications per shot clock per carrier (including consolidated applications) • This will be increased by 5 each year from 2020 through 2024, when up to 50 new poles will be allowed per time period • 70 collocated small wireless facility applications per shot clock per carrier (including consolidated applications). • This will be increased by 10 each year from 2020 through 2024, when up to 120 collocated small wireless facilities will be allowed per time period. • If a provider submits more applications than the allotted amount, these will be tolled and not subject to the shot clocks in the bill until the previously submitted applications have been adjudicated. Number of applications per Class II authority = 10,000 parcels – 100,000 parcels • A consolidated application may have up to 5 new poles. A consolidated collocation application may have up to 15 collocations. • 15 new pole applications per shot clock per carrier (including consolidated applications) • 45 collocated small wireless facility applications per shot clock per carrier (including consolidated applications). • If a provider submits more applications than the allotted amount, these will be tolled and not subject to the shot clocks in the bill until the previously submitted applications have been adjudicated. Number of applications per Class III authority = less than 10,000 parcels • A consolidated application may have up to 2 new poles. A consolidated collocation application may have up to 6 collocations. • 8 new pole applications per shot clock per carrier (including consolidated applications) • 24 collocated small wireless facility applications per shot clock per carrier (including consolidated applications). • If a provider submits more applications than the allotted amount, these will be tolled and not subject to the shot clocks in the bill until the previously submitted applications have been adjudicated. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 9/11 AESTHETIC STANDARDS Section 1.1 Authority and Scope. (a) O.C.G.A. § [32-4-92(a)(10) / 32-4-42(6)] authorizes the Augusta, GA (City) to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way. (b) The City finds it is in the best interest of the City and its residents and businesses to establish aesthetic requirements and other specifications and reasonable conditions regarding placement of facilities in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City. (c) The objective of this Article is to ensure use of the public rights of way: (i) is consistent with the design, appearance and other features of nearby land uses; (ii) protects the integrity of historic, cultural and scenic resources; and (iii) does not harm residents’ quality of life. (d) This Article applies to all requests to locate facilities in the public rights of way and ongoing use of the public rights of way for such facilities. This Article is established pursuant to City Charter and applicable law. This Article is administered by the City Engineering Department (AED). (e) Placement or modification of facilities in the public right of way shall comply with this Article at the time the permit for installation or modification is approved and as amended from time to time. Permittees are required to comply with City Codes and applicable law and regulations. Section 1.2 Definitions. Unless otherwise defined in Section 1.3, terms used in this Article shall have the meanings given them in O.C.G.A. § 36-66C-2. Section 1.3 Cross References. Definitions in this Article include references and citations to applicable federal and state laws. In the event that any referenced section is amended, the definition in the referenced section, as amended, shall control. Section 1.4 Facilities Standards. (a) Facilities must be compatible in size, mass, and color to similar facilities in the same zoning area, with a goal of minimizing the physical and visual impact on the area. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 10/11 (b) Facilities in the residential / historical / architecturally significant areas shall be visually and architecturally integrated with the residential / historical / architecturally significant areas and shall not interfere with prominent vistas or significant public view corridors. (c) Facilities must be located in alignment with existing trees and/or facilities. (d) Facilities must maintain the integrity and character of the neighborhoods and corridors in which the facilities are located. Section 1.5 Undergrounding. Except as provided in Section 9.1(a) and Section 9.1(b), facilities shall be installed underground in the City DOWNTOWN FIRE DISTRICT so long as placement underground will not materially impact the provision of service. Any individual requesting to locate facilities above ground in the City DOWNTOWN FIRE DISTRICT] has the burden to demonstrate by clear and convincing evidence that undergrounding will effectively prohibit the provision of the service in question. (a) Light poles and small wireless facilities collocated thereon may be located above ground in areas of the City where facilities are primarily located underground. (b) The City may: (i) allow collocated small wireless facilities placed aboveground prior to the effective date of this Ordinance and subject to any applicable pole attachment agreement to remain above ground; or (ii) allow the wireless provider to replace the pole associated with previously collocated small wireless facilities at the same location or propose an alternate location within 50 feet of the prior location, which the wireless provider shall use unless such alternate location imposes technical limits or significant additional costs. Section 1.6 Historic District. Facilities installed in the historic district of the City shall conform to the provisions of the Augusta, GA Historic Preservation Ordinance. Section 1.7 Camouflaging. Facilities must be designed using camouflaging techniques that make them as unobtrusive as possible if: (a) It is not possible or desirable to match the design and color of facilities with the similar facilities in the same zoning area, as required under Section 9.1(a); or (b) Existing facilities in the area are out of character with a streetscape plan or other aesthetic plan that has been adopted by the City. Section 1.8 Concealment. Facilities shall incorporate specific concealment elements to minimize visual impacts. APPLICATION AND PERMIT FORM ENGINEERING DEPARTMENT Augusta GA Small Cell ROW Encroachment Permit 11/11 Section 1.9 Preferred Locations. (a) Unless otherwise provided by applicable law, facilities shall, to the extent that is it reasonable, be placed in the following areas of the City: (i) [Industrial]; (ii) [2nd Commercial]; (iii) [3rd Residential]. These areas are identified in terms of priority, meaning Industrial is the most preferred location, followed by Commercial, etc. (b) Facilities may be located outside areas identified in Section 9.1(a) if: (i) facilities must be placed outside of the areas identified in Section 9.1(a) in order to maintain existing services, improve services, or new service can only be provided if facilities are placed in areas located outside of those identified in Section 9.1(a); or (ii) the proposed facilities will meet all applicable requirements for the non-preferred location and will complement the character of the zoning area. Section 1.10 Installation and Modification Standards. Installation of new facilities in, on, along, over, or under the public rights of way or modification of existing facilities in, on, along, over, or under the public rights of way shall: (c) Minimize risks to public safety; (d) Ensure that placement of facilities on existing structures is within the tolerance of those structures; (e) Ensure that installations and modifications are subject to periodic review to minimize the intrusion on the right of way; (f) Ensure that the City bears no risk or liability as a result of the installations or modifications; and (g) Ensure that use of the public rights of way does not inconvenience the public, interfere with the primary uses of the public rights of way, or hinder the ability of the City or other government entities to improve, modify, relocate, abandon, or vacate the right of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right of way. Section 1.11 Plans for Use. No facilities shall be placed in, on, along, over, or under the public rights of way unless: (i) there are immediate plans to use the proposed facility; or (ii) there is a contract with another party that has immediate plans to use the proposed facility. Section 1.12 Contact Information. Every facility placed in the public rights of way shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number, and also provides a local or toll-free telephone number to contact the facility owner’s operations center. Right of Way Encroachment Policy, Standards, and Guidelines Augusta, Georgia Augusta Engineering Department Engineering Division 452 Walker Street, Suite 110 Augusta, Georgia 30906 Phone (706) 821-1706 Augusta, Georgia Adopted June 1999 Amended June 2021 _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 1/21 Contents Page I. Title 3 II. Definitions 3 III. Exceptions 5 IV. Requirements 5 A. Financial Security Proof 6 1. Letter of Escrow 6 2. Letter of Credit 6 3. Permit Bond 6 B. Submittal Package Approval 6 1. Application and Permit for Utility 6 Facility Encroachment 2. Plans 6 3. Verification of Financial Securities 7 C. Permit Validation 7 V. Notification 8 A. Request for Traffic Flow Alteration 8 1. Detours and Road Closures 8 2. Lane Closures 8 B. Work Commencement Notification 8 C. Work Inspection Notification 8 D. Intermittent Notification Requirements 9 E. Completion of Work 9 F. Outside of Normal Working Hours 9 G. Damage to Property of Others 9 H. Traffic Engineering Notification 10 I. Notification of Property Owners 1- VI. Construction 10 A. Traffic Control 10 B. Verification of Field Conditions 11 C. Road Cut/Sidewalk Repairs 11 1. Backfill 11 2. Base Reconstruction 12 a) Concrete Cap 12 b) G.A.B. and Binder 12 _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 2/21 3. Asphalt Patch 12 4. Asphalt Overlay 13 5. Concrete Repairs 13 D. Trenchless Construction / Directional Boring 13 E. Poles / Structure Protection 15 F. Blasting 15 G. Stream Crossing 15 H. Utility Corridors 16 I. General Information 18 VII. Warranty 19 VIII. Failure to Complete Work 20 IX. Emergency Permits 20 X. Article Update 20 XI. Appendix 21 A. Utility Road Cut Details B. Utility Corridor Details C. Asphalt Overlay Details D. Aesthetic Standards _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 3/21 I. Title This Document will be known as the “Augusta, Georgia Right-of-Way Encroachment Policy, Standards, and Guidelines.” This article is a support document to Title 7 – Chapter 3 – Article 3 “Excavations” and Article 4 “Use of County Rights of Way” II. Definitions A. Active Project A utility activity that has been permitted that is with the time period from the “Beginning of Work” until “Final Acceptance”. B. Applicant The individual or the agency he/she represents that has complied and signed the “Application and Permit for Utility facility Encroachment “Form. C. Applicant and Permit for Utility Facility Encroachment A form provided by Augusta Engineering Department that is to be filled out be the “Applicant”. Upon such time, that the City Engineer signs the application the application shall serve as the Permit. D. As-Built Plans: Certified Record of Drawings by the Utility Owner/Operator which depict the actual location of a utility facility after construction. E. Beginning of Work The initial activity as part of an approved permit as determined by the City Engineer. F. City Engineer Either the director of Department of Engineering or any duly authorized representative of the director of Department of Engineering. G. G.A.B. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 4/21 Graded Aggregate Base per Georgia Department of Transportation Standard Specification Section 815 H. Permit The approved Right of-Way encroachment application form that is signed by the City Engineer. I. Right of Way (ROW) The “right-of-way” means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway or a street. J. Street or Highway The street or highway has the same meaning as “Public Right-of-Way” as provided in O.C.G.A. § 36-76-2(12) at the time of adaptation of the latest ROW encroachment guidelines, i.e., “the area in, on, along, over, or under the public roads that are part of the municipal or county road system or the state highway system.” K. Proof Roll Subgrade compaction test that requires using a fully loaded tandem axel dump truck (or other construction equipment approved by City Engineer/Inspector) to test subgrade to ensure there is no pumping. L. Utility Activity Any activity conducted on a site that is in conjunction with an approved permit. This can include utility locating, utility and utility facility installation or maintenance, Small Cell and Small Cell Facility installation or maintenance, Cable System installation or maintenance, traffic control, erosion control, etc. M. Utility Company Any entity installing a utility facility. This shall include all subcontractors preforming work for the Utility Company. N. Utility Facility Any Utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 5/21 an underground or submerged conductor, pipe, or structure used or installed for use in providing electric or communications service or in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage not connected with highway drainage, or water or other liquids or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. O. Warranty The period of time from the acceptance of the completed permitted work to the life of the life of utility facility. P. Working Day This shall include any day, Monday through Friday, excluding Augusta, Georgia holidays and Masters Week, from 8:30 a.m. to 5:00 p.m. III. Exceptions This article shall apply to any encroachment within Augusta, GA (City) right of way undertaken by any person except for the following: A. Projects operating with an approved Site Plan provided that site plan has also been reviewed and approved by Augusta Engineering Department (AED) Right of Way management Section. This does not include projects operating with an approved Grading Permit. B. Short Side taps within an approved Subdivision Development. C. Individual residential taps that do not require crossing or encroaching the roadway. (Multiple residential taps on the same street will require a Permit.) D. Individual aerial service taps. IV. Requirement To Facilitate new installation or construction of fiber and/or conduit for future fiber use within the City of Augusta public right of way that exceed 5280 LF consult with AED ROW management Section prior to application submittal. No encroachment or excavation or Utility installation and maintenance shall begin within any public rights or way (street, road, alley, lane, or other public thoroughfare) of Augusta, Georgia until the following requirements have been met: _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 6/21 A. Financial Security Proof: The Applicant must provide proof of financial security of financial security for three thousand dollars ($3,000) for one (1) to three (3) active projects, five thousand dollars ($5,000) for four (4) to five (5) active projects, and ten thousand dollars ($10,000) for six (6) or more active projects as approved by the City Engineer. An “Active Project” is defined as one that is within the time-period from the beginning of work until the final acceptance by the Augusta Engineering Department. The “Beginning of Work” is defined as the initial activity on the site as approved by the City Engineer. The warranty period begins after the final acceptance of the permitted work. The Following three forms of Financial Security are acceptable: 1. Letter of Escrow – A Letter of Escrow from a chartered state or national bank or savings and loan institution, which confirms an escrow deposit by the contractor or applicant designating the City of Augusta, Georgia as the obligee. 2. Letter of Credit – A Letter of Credit from a chartered state or national bank or savings and loan institution, which designates the City of Augusta, Georgia as the obligee. 3. Permit Bond – A Permit Bond from an authorized bonding agency, which designates the City of Augusta, Georgia as the obligee. The bond shall have a continuous beginning date, and only the City Engineer can release the bond. B. Submittal Package Approval 1. Application and Permit for Utility Facility Encroachment – This form is provided by the Engineering Department. Contact AED ROW Management Section for getting latest copy of the form or online form web locator. Augusta Engineering Department Utility Right of Way Encroachment Permit shall be completed by the applicant in full including subcontractor information and all associated construction documents per Augusta ROW Encroachment guidelines. The form shall be returned to Augusta Engineering Department for review and approval. The application is not valid until signed by the City Engineer at which time the application form will serve as the permit. 2. Plans – Two sets or plans shall be submitted to the City Engineer providing the details regarding the proposed utility installation and/or repair. The plans shall be drawn to scale no greater than 1” = 100, in Georgia State Plane Coordinate System NAD 83 Eastern Coordinate System (Horizontal), NAVD 88(Vertical) by a _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 7/21 professional experienced in such plan preparation or under such professional supervision. Or All plans shall be drawn to show centerline stations with reference tied to a field verifiable specific location. Centerline station number shall be relative to the centerline which will be linear only. Include the distance (in feet) and direction from the start of your proposal/project to the centerline of the nearest intersection. The plans shall show the type, location, depth, length etc. of the proposed activities and the plans shall include an aerial view and side profile for the length of the project. The location of existing utilities, manhole covers, valve covers, references in relation to edges of pavement and/or back of curbs, dimensions, right of way, etc. shall be clearly identified on the plans. The plans shall also include any proposed road jack or bore locations and details and any proposed traffic flow alterations such as lane closures or detours. For new poles the plans should include the bury depth/foundation design and detailed prints (showing dimensions, weight and noting attachment method), and the pole shall aesthetically complement the surrounding land uses and surrounding environment. Approval of the application does not grant approval of the proposed traffic flow alteration. That approval process is discussed in “Section IV. A. Request for Traffic Flow Alteration” of this article. 3. Verification of Financial Securities - Verification of a financial security in an adequate amount based on the number of active projects per Section A - "Financial Security Proof' shall be provided with each application. If this is an initial submission for an encroachment, the person signing the security and the Utility application shall be the same. C. Permit Validation The permit shall be on site at all times in a weather protected legible state. Failure to produce the permit shall be cause for an immediate stop work order. All related special requirements as outlined on the back of the permit shall be followed at all times. All work must start and be completed as specified in associated approved issued permit. The City Engineer may, at his discretion, extend permit expiration date. Following submission of the Submittal Package as described herein, Augusta Engineering Department shall have a period of thirty (30) working days to take action to approve, to approve with conditions, or to disapprove the package. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 8/21 V. Notification A. Request for Traffic Flow Alteration 1. Detours and Road Closures - A request for a detour shall be submitted, in writing, to the City Engineer. Upon the determination by Traffic Engineering, that a detour is required and no viable alternative is available, the City Engineer shall receive a detailed Traffic Control/Detour Plan two (2) weeks prior to the expected date the detour is to begin. Written approval by Traffic Engineering will be required prior to implementing any detour. After approval, public notification in the form ·of press releases regarding the detour will be handled by Augusta’s Traffic Engineering Department. 2. Lane Closures- Approval for all lane closures shall be obtained from the City Engineer. Lane closure requests shall be received by the City Engineer a minimum of forty-eight (48) hours in advance of the expected date and time of the lane closure. Any required public notification in the form of press releases would be determined and handled by Augusta Engineering Department. In emergency or routine maintenance situations requiring short durations, as defined in the MUTCD, a notification will not be necessary. However, whenever practical, Augusta Engineering Department should be notified. B. Work Commencement Notification- Prior to commencing field work, the permit shall be reviewed in the field. The Utility shall contact Augusta Engineering Department (AED) Right of Way Management Section Supervisor or Inspector at least 24 hours before starting any work and schedule field meeting. Such contact shall be made during Augusta, GA normal work hours (8:30am to 5:00pm excluding Augusta, Georgia Holidays). Please be advised scheduled appointment will be made according to the AED inspector schedule. AED may waive this field visit requirement on case by case basis. C. Work Inspection Notification- Augusta Engineering Department shall be notified at least twenty-four (24) hours prior to the beginning of any permitted activity. A minimum of one (1) hour advance notice during regular working hours (8:30a.m. to 5 p.m., Monday- Friday, excluding Augusta, Georgia Holidays) shall be given by the applicant prior to beginning any backfill operation or any concrete or asphalt placement in any City roadway or in conjunction with any activity that by improperly backfilling could cause a public safety hazard or create a maintenance problem. Any backfill accomplished _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 9/21 without this minimum one (1) hour advance notice shall be removed in its entirety. The applicant must obtain permission from the City Engineer before placing concrete or asphalt. This notification process does not prohibit the applicant from backfilling or placing asphalt or concrete if the City Engineer has been properly notified and is not on site within one hour. D. Intermittent Notification Requirements -Anytime that the permitted work is to be suspended for more than three (3) working days, the applicant shall contact Augusta Engineering Department a minimum of one (1) working day prior to the suspension. The applicant shall contact Augusta Engineering Department a minimum of twenty- four (24) hours prior to beginning any roadway jack and/or bore activities. This includes excavating the jack or bore pit. E. Completion of Work- The applicant shall notify Augusta Engineering Department as soon as practical after completion of permitted work, which shall be no more than one (1) working day. Augusta Engineering Department shall have up to three (3) working days after notification of completion to inspect the completed work. Upon acceptance of impacted ROW restoration work, the warranty period will commence no ensure no defects arise over time at or around restored ROW section. F. Outside of Normal Working Hours- The cost of inspection by the City of Augusta, Georgia before or after regular working hours, on Saturdays, Sundays, or Augusta, Georgia Legal Holidays, shall be paid for by the applicant requiring the inspection at a rate of 1-1/2 times the regular salary per hour of the inspector plus 7.65% for the employer's FICA/Medicare match. Approval for the inspection outside of normal working hours shall be obtained from the City Engineer forty-eight (48) hours in advance. Prior to the commencement of work requiring inspection outside of normal working hours, the applicant shall sign a form which is furnished by Augusta Engineering Department agreeing to pay the overtime. Augusta Engineering Department will bill the Contractor for payment. G. Damage to Property of Others - Any damage to City rights of way, existing utilities, existing storm drainage systems, private property, etc. which occurs while working on an active project shall be reported to Augusta Engineering Department immediately. The applicant is responsible for the repair of any such damage. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 10/21 H. Traffic Engineering Notification- Any permitted work within 500 feet of a traffic signal or 100 feet of any ground-mounted street light shall require the applicant to get a proper locate ticket from Augusta Traffic Engineering by contacting Georgia 811 system or (706) 821-1841 for a locate. I. Notification of Property Owners- Prior to commencement of construction activities or equipment mobilization, Property owners or residents in vicinity of work zone shall be notified of all work that is being done in the ROW. All property owners should be given the Information of the Utility Company the work is being done for, the contact information for the Project Manager over the permitted work, and expected timeframe for which the work should be completed. VI. Construction A. Traffic Control- When any provisions of this section of this article do not meet the minimum requirements of the Manual of Uniform Traffic Control Devices (MUTCD), Current Edition, or the Georgia Department of Transportation Standard Specifications and Supplemental Specifications "Section 150- Traffic Control", the MUTCD shall control. All work within Public rights of way requires traffic control measures. Rights of way includes but is not limited to all streets, roads, alleys, lanes, other public thoroughfares, shoulders, easements, etc. No work shall begin within City rights of way until the appropriate traffic control devices have been placed in accordance with the minimum requirements. Alterations to traffic flow shall not commence unless all notification requirements are met and all labor, materials, and equipment necessary to make the alterations are available on the site. There shall be one designated Contractor's representative capable of, and charged with, the responsibility for traffic control on the site. This individual's traffic control responsibilities shall have priority over all other assigned duties and responsibilities. This individual shall have a copy of "Part VI. Temporary Traffic Control" of the MUTCD on the job site at all times. Copies may be obtained at no cost online: https://mutcd.fhwa.dot.gov/pdfs/2009/part6.pdf _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 11/21 When flaggers are required, the flaggers shall be state certified, and the flaggers must have the State Certification Card on site at all times. Failure to produce the State Certification Card will result in an immediate stop work order until a state certified flagger with an up-to-date State Certification Card can be designated to replace the uncertified flagger. B. Verification of Field Conditions - It is the Utility Company's representative or the applicant's responsibility for locating and maintaining any existing utilities, and any cost associated with the relocation of existing utilities shall be at the expense of the Utility Company and/or the applicant. It is the applicant's responsibility to verify the limits of right of way, the location of existing utilities, location of existing storm drainage systems, and Video Camera of adjacent Storm Drainage system prior to commencing work. All existing utilities will be visually spotted to determine the depth of the utility. C. Road Cuts - All road cut excavations shall conform to the Augusta Utility Road Cut Detail. This detail supersedes the Georgia Department of Transportation Standard 1401- "Pavement Patching Detail". 1. Backfill - All backfill shall be compacted in lifts no more than eight (8) inches, loose measure, and spread and compacted uniformly. Small mechanical compactors shall be used in areas such as along sides of pipes and around manholes. In all cases the backfill shall be compacted to 95% of the maximum laboratory dry density per modified proctor to within the top twelve (12) inches of the subgrade. The top twelve (12) inches of the backfill shall be compacted to at least 100% of the maximum laboratory dry density per modified proctor. Site Specific condition may warrant alternate depth and compaction requirements. Large horizontal trench excavation greater than five (5) feet shall be submitted to and Proof Roll using a loaded tandem dump truck. The top of subgrade is that elevation located immediately beneath all base and paving materials. The maximum laboratory dry density shall be determined from the Modified Proctor Test. A mechanical compactor and qualified operator shall be on site prior to beginning any excavations. The mechanical compactor shall remain on site at all times during the backfilling operation. Backfilling with sand, using jetting and/or flooding to achieve compaction must be approved by the City Engineer. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 12/21 2. Base Reconstruction - This includes the reconstruction of the utility trench to an elevation two (2) inches below the existing finish grade of the roadway. After the approved completion of base reconstruction, the asphalt patch shall be placed per #3 below. a) Concrete Cap - An eight (8) inch thick Portland Cement Concrete, Class "A" or better, concrete cap, shall be placed twelve (12) inches wider, each side, than the excavated trench/ditch to an elevation two (2) inches below the existing finish grade of the roadway. All edges shall be squared. All concrete shall be protected for twenty-four (24) hours after placement and no asphalt shall be placed during this period. If high early strength concrete is used, asphalt patching within the twenty- four (24) hour period will be considered based on early break cylinders obtaining a compressive strength of 3000 PSI. All costs associated with verifying compressive strength shall be borne by the applicant. b) G.A.B. and Binder - This base reconstruction method may be allowed at the discretion of the City Engineer, and it will be assessed on a case by case basis. The minimum requirements shall be a roadway cut of at least six (6) feet in width and procedures available to utilize compaction equipment to adequately construct the subbase and base. The subbase material is to be prepared to an elevation of fourteen (14) inches below the existing finish grade of the roadway. Eight (8) inches of G.A.B. after compaction is to be placed to an elevation six (6) inches below the existing finish grade of the roadway. Four (4) inches of 25mm or 19.5mm Base/Binder after compaction is to be placed to an elevation two (2) inches below the existing finish grade of the roadway and milling and maybe required. 3. Asphalt Patch- All edges of the existing asphalt shall be sawed vertically to provide a clean, neat surface. Prior to placing the asphalt patch, the edges of the existing asphalt which shall be tacked in accordance with the Georgia Department of Transportation Standard Specifications, Current Edition, and “Section 413 - Bituminous Tack Coat". The minimum thickness of the 12.5mm or 9.5mm asphalt shall be two (2) inches after compaction. Unless otherwise directed by the City Engineer, a mechanical spreader s h al l be used to place the as p h al t for a permanent patch. After placement of the asphalt and after proper rolling, the final grade of the asphalt patch shall match the existing _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 13/21 grade of the surrounding pavement (Asphalt milling maybe required). Hot Mix Asphaltic Concrete is required for permanent patches per Georgia Department of Transportation Standard Specifications, Current Edition, and “Section 400 - Hot Mix Asphaltic Concrete Construction". Cold Mix Asphaltic Concrete will be allowed for temporary patches per Georgia Department of Transportation Standard Specifications, Current Edition, "Section 401 - Cold Mix for Patching" at the discretion of the City Engineer. 4. Asphalt Overlay/Inlay- All utility road cuts require an asphalt overlay. The minimum width shall be one full lane width. The minimum length is fifty feet which is a minimum twenty-five (25) feet on each side of the center of the utility cut. In certain unique circumstances the City Engineer may decrease the minimum fifty (50) feet length. The minimum thickness of the 12.5mm or 9.5mm overlay shall be one and one half (1-1/2) inches after compaction. Overlay for diagonal and longitudinal cuts shall begin and end a minimum of ten (10) feet beyond the cut extremities. Asphalt milling maybe required to provide a smooth Transition. Refer to the applicable "Asphalt Overlay Detail". All asphaltic concrete shall be in accordance with Georgia Department of Transportation Standard Specifications, Current Edition, and "Section 400 - Hot Mix Asphaltic Concrete Construction 5. Concrete Repairs – Any concrete that has been altered or broken during the construction process must be repaired. All concrete repairs will be replaced permeant joint to permeant joint. If there is an unsatisfactory repair in the piece of concrete that is affected the entire piece still must be removed and replaced. D. Trenchless Construction / Directional Boring- No pavement will be cut for utility installation or repair unless authorized by the City Engineer. 1. No jacks or bores are to be made in or near roadways using any type of directional boring equipment or methods unless the contractor and the method have been approved by the City Engineer. 2. Jacks or bores under the roadways where the diameter of the bore is greater than two (2) inches in diameter than the utility being installed will require casings or _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 14/21 conduits. The outside diameter of the casings or conduits shall be no more than two (2) inches smaller than the diameter of the borehole. Casing material requires the approval of the City Engineer. 3. Any bore crossing sanitary sewer main or storm water utility shall be videoed before and after to ensure the utility was not damaged during construction. 4. Road jacks or bores shall have a minimum cover of forty-eight (48) inches. Road jack and/or bore details and locations shall be shown on the plans that are submitted with the permit request. 5. Jack or bore entrance and exit pits and set backs are to be a minimum of three (3) feet from the edge of road or the back of curb. Distance will increase with depth. 6. All contaminated water shall be contained on site during construction and then removed from the site after the utility installation. Some type of vacuum system or other type of cleanup system is to be used when the directional bore method is utilized. There shall be no discharge of any contaminated water from the jack or bore operation into the municipal separate storm water system per Augusta, GA Code Article 5, Chapter One (Stormwater Management). 7. Installation of any utility must maintain adequate separation from adjacent other utilities for its and other utilities maintenance work. No installation above or under existing utility running parallel to the existing utility to grade level. 8. The installation shall include a locatable conduit system, with identification markers on each public right-of-way line. 9. The Utility shall continuously monitor the location and alignment of the pilot drill progress to insure compliance with proposed installation alignment and to verify depth of the bore. Monitoring shall be accomplished by computer generated bore logs which map the bore path based on information provided by the locating tracking system. Readings or plots shall be obtained on every drill rod, and shall be provided to the AED project assigned inspector on a daily basis _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 15/21 , 10. As-Built – Certified As-Built is required by the City Engineer, and it shall be received within two (2) weeks after substantial completion of the utility installation. If required, it will be noted in the "Special Requirements" section of the "Permit and Application for Rights of Way Encroachment." Upon completion of the bore applicant will furnish an as-built drawing along with a report of the Monitoring of the drilling fluids during the pilot hole and back reamed hole. E. Poles/ Structures Protection – New pole installation shall include the proposed location and bury depth. Permit application for any installation which will involve construction activity within 10feet 0f structures or wall shall be submitted to the AED right-of-way Management Section Supervisor for review and recommendation. If recommended, the permit must have the approval of AED Assistant Director Engineering or designee. After pole installation contractor shall field verify and provide AED the final GA Coordinates. F. Blasting- Requests to use explosives within the Right-of-Way shall be submitted to the City Engineer in writing. The City Engineer may require Pre-Blast Surveys and Seismographic Monitoring. A blast plan per The Georgia Blasting Standards Act shall accompany the request. The approval to use explosives will be determined by the City Engineer. However, approval to use explosives does not relieve the applicant from all liability associated with the use of explosives. The use of explosives shall comply with the “Georgia Blasting Standards Act11 current edition and Georgia Department of Transportation Specification Section 107.12 Use of Explosives. G. Stream Crossing - All utility installations requiring stream crossings shall be properly permitted by The Georgia Department of Natural Resources-Environmental Protection Division and the United States Army Corps of Engineers. All undisturbed buffer zones of States Waters and Wetland Encroachments shall be identified, and compliance shall be the responsibility of the applicant. All applications requesting a stream crossing shall be accompanied with a plan that identifies wetlands, the 100-year Flood Plain and the 25-foot Undisturbed Buffer Zone. Open cutting within streams will be assessed on a case-by-case basis. When the directional bore method is utilized, as a minimum the following shall apply: 1. All equipment, materials, etc. shall be located outside the limits of the 100-year Flood Plain at the conclusion of each working day. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 16/21 2. The entrance and exit bore pits shall be located outside the 25-foot undisturbed buffer zone. This zone is defined in Augusta Municipal Code- Title 7, Article 5 Soil Erosion and Sediment Control, Section 7-3-34 (b) (15). 3. The depth of the top of the utility shall be a minimum of five (5) feet below the streambed for the entire width of the channel. The streambed can be determined by probing any deposited material until refusal with a hand probe. H. Utility Corridors - All utilities including water and sewer shall install their respective utility facility, not within the 5’ easement outside of Right of Way reserved for the City of Augusta, and in accordance with the following guidelines: 1. Whenever possible, water mains shall be installed on the North or East Side, and gas mains shall be installed on the opposite side from the water mains. 2. In subdivisions where a ditch section is utilized, a coordination meeting may be necessary to clarify the utility corridor. 3. A tolerance of six (6) inches horizontally from either side will be readily accepted. This tolerance will only apply to movement in the City of Augusta Right of Way. This tolerance will not be given if the 5’ Utility Easement reserved of the City of Augusta is encroached upon. However, the vertical tolerance will only allow the utility to be installed deeper than the above-designated depth. The depth is measured to the top of the facility. 4. If a utility has to encroach on any other utility, a coordination meeting with the involved utility companies and the City Engineer is required. 5. References can be made to the respective "Utility Corridor Detail". 6. 50 feet Utility Corridor- The width of the utility corridor is 9'-6" from the back of curb or the edge of pavement to the back of Right of Way. The following depths and distances from the back of curb or edge of pavement shall be adhered to: _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 17/21 Utility Depth Distance CATV 1’ – 6” 2’ – 6” GAS 3’ – 0” 4’ – 4” (Opposite side of Water) PHONE 2’ – 0” 6’ – 2” POWER 3’ – 0” 8’ – 0” WATER 4’ – 0” 4’ – 4” (Opposite side of Gas) 7. 60 feet Utility Corridor- The width of the utility corridor is 14'-6" from the back of curb or the edge of pavement to the back of the right of the Right of Way. The following depths and distances from the back of curb or edge of pavement shall be adhered to: Utility Depth Distance SHOULDER N/A 2’ – 0” SIDEWALK (If Required) N/A 5’ – 0” CATV 1’ – 6” 8’ – 0” GAS 3’ – 0” 10’ – 0” (Opposite side of Water) PHONE 2’ – 0” 12’ – 0” POWER 3’ – 0” 13’ – 0” WATER 4’ – 0” 4’ – 0” (Opposite side of Gas) 8. 80 feet Utility Corridor- The width of the utility corridor is 28' from the back of curb or the edge of pavement to the back of the Right of Way. The following depths and distances from the back of curb or edge of pavement shall be adhered to: Utility Depth Distance SHOULDER 6’ – 0” CATV 1’ – 6” 17’ – 6” GAS 3’ – 0” 20’ – 6” (Opposite side of Water) PHONE 2’ – 0” 23’ – 6” POWER 3’ – 0” 26’ – 6” WATER 4’ – 0” 17’ – 6” (Opposite side of Gas) _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 18/21 I. General Information 1. At no time shall material be placed in curb or gutter lines. Material may be placed on roadways only when an approved lane closure is in place, and the material shall be removed in its entirety at the end of the working day and prior to removing the lane closure. This includes, but is not limited to, excavated soil or construction materials. 2. Every effort to prevent damage to asphalt, concrete or soil surfaces by equipment outriggers, buckets, tracks, tires, etc. and/or associated equipment fluids such as diesel fuel or hydraulic fluid shall be made at all times. The repair of this damage is the responsibility of the applicant. 3. The maximum length of an open trench is 150 linear feet unless approved by the City Engineer. All pits, trenches or cuts that when left un-backfilled create a safety hazard shall be backfilled daily. Temporary backfilling procedures for safety reasons will be considered at the discretion of the City Engineer. Steel plating of roadway trenches will be considered at the discretion of the City Engineer. 4. The Utility Protection Center (UPC) Georgia State Dig Law, commonly referred to as the "Georgia One Call System" shall be adhered to at all times. 5. 5. Grassing, mulching and the implementation of Best Management Practices (BMP's) for the control of erosion and sediment shall be done in accordance with the "Manual for Soil Erosion and Sedimentation Control in Georgia", Current Edition. 6. Utility installation within longitudinal drainage ditch lines shall not be allowed unless approved by the City Engineer. If approved, a minimum cover of forty- eight (48) inches below the lowest point of the drainage ditch line will be required. Sanitary sewer line depths will be dictated by design requirements. 7. In wet areas where excavations for utility installations are conducted, Type II Foundation Backfill Material (#57 Stone) will be required as directed by the City Engineer. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 19/21 8. All backfill in trench construction shall be compacted in lifts no more eight (8) inches, loose measured, spread and compacted uniformly. The backfill shall be compacted to 95% of the Maximum Laboratory Dry Density of the existing soil. The Maximum Laboratory Dry Density shall be determined from the Modified Proctor Test. Compaction efforts shall be conducted by mechanical means. A mechanical compactor and qualified operator shall be on site prior to beginning any excavations. The mechanical compactor shall remain on site at all times during the backfilling operation. 9. All trenches and backfilled material shall be left in a condition such that surface runoff water will adequately drain and not collect. 10. Plowing to install utilities will be allowed but must be approved by the City Engineer. 11. Whenever applicable and possible, joint trenches to install utilities are recommended. 12. A representative from any utility company within an approved subdivision shall be at the designated preconstruction conference. VII. VII. Warranty The Utility Company and/or applicant shall agree to warranty period, which commences at the acceptance of the permitted work. Warranty runs with life of the Facility. During the warranty period the Utility Company and/or applicant is responsible for correcting any deficiencies, which are related to soil erosion control, backfill settlement, structure and mechanical failures, etc. Upon notification of a deficiency requiring correction, the Utility Company and/or applicant shall have three (3) calendar days to correct the deficiency unless approved by the City Engineer. Any deficiency creating a public safety hazard shall be corrected immediately. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 20/21 In the event that the Utility Company and/or applicant fails to repair the deficiency in the designated time frame, the Utility Company and/or applicant shall agree to be responsible to the City of Augusta, Georgia for payment in full of the costs associated with repairing the deficiency. This may include, but is not limited to, the forfeiture of any previously approved financial securities and denial of permits. VIII. Failure to Complete Work In the event the Utility Company and/or applicant fails to complete the permitted work in a satisfactory manner, the Utility Company and/or applicant shall agree to be responsible to the City of Augusta, Georgia for payment "in the amount of twice" the costs associated with completing or repairing the deficiency. This can include, but is not limited to, the forfeiture of any previously approved financial securities and denial of permits. IX. Emergency Permits Emergency permits may be obtained from the City Engineer by telephone and must be submitted via online application within twenty-four (24) hours, or the next working day, by the Utility Company and/or applicant. All requirements contained herein shall apply to emergency permits as deemed feasible by the City Engineer. X. Article Update These guidelines are to be reviewed and updated if necessary, on a yearly basis by the Augusta Engineering Department. _________________________________________________________________________________ ARC Right of Way Encroachment Policy, Standards, and Guidelines 21/21 XI. Appendix. A. Utility Road Cut Details B. Utility Corridor Details C. Asphalt Overlay Detail D. Aesthetic Standards Utility Road Cut Detail Utility Corridor Details Asphalt Overlay Details Aesthetic Standards APPLICATION AND PERMIT Right-of-Way Usage ENGINEERING DEPARTMENT Augusta GA ROW Usage Permit-Aesthetic Standards (May 2021) 1/3 AESTHETIC STANDARDS Section 1.1 Authority and Scope. (a) O.C.G.A. § [32-4-92(a)(10) / 32-4-42(6)] authorizes the Augusta, GA (City) to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public rights of way. (b) The City finds it is in the best interest of the City and its residents and businesses to establish aesthetic requirements and other specifications and reasonable conditions regarding placement of facilities in the public rights of way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the City and to reasonably manage and protect the public rights of way and its uses in the City. (c) The objective of this Article is to ensure use of the public rights of way: (i) is consistent with the design, appearance and other features of nearby land uses; (ii) protects the integrity of historic, cultural and scenic resources; and (iii) does not harm residents’ quality of life. (d) This Article applies to all requests to locate facilities in the public rights of way and ongoing use of the public rights of way for such facilities. This Article is established pursuant to City Charter and applicable law. This Article is administered by the City Engineering Department (AED). (e) Placement or modification of facilities in the public right of way shall comply with this Article at the time the permit for installation or modification is approved and as amended from time to time. Permittees are required to comply with City Codes and applicable law and regulations. Section 1.2 Definitions. Unless otherwise defined in Section 1.3, terms used in this Article shall have the meanings given them in O.C.G.A. § 36-66C-2. Section 1.3 Cross References. Definitions in this Article include references and citations to applicable federal and state laws. In the event that any referenced section is amended, the definition in the referenced section, as amended, shall control. Section 1.4 Facilities Standards. (a) Facilities must be compatible in size, mass, and color to similar facilities in the same zoning area, with a goal of minimizing the physical and visual impact on the area. APPLICATION AND PERMIT Right-of-Way Usage ENGINEERING DEPARTMENT Augusta GA ROW Usage Permit-Aesthetic Standards (May 2021) 2/3 (b) Facilities in the residential / historical / architecturally significant areas shall be visually and architecturally integrated with the residential / historical / architecturally significant areas and shall not interfere with prominent vistas or significant public view corridors. (c) Facilities must be located in alignment with existing trees and/or facilities. (d) Facilities must maintain the integrity and character of the neighborhoods and corridors in which the facilities are located. Section 1.5 Undergrounding. Except as provided in Section 9.1(a) and Section 9.1(b), facilities shall be installed underground in the City DOWNTOWN FIRE DISTRICT so long as placement underground will not materially impact the provision of service. Any individual requesting to locate facilities above ground in the City DOWNTOWN FIRE DISTRICT] has the burden to demonstrate by clear and convincing evidence that undergrounding will effectively prohibit the provision of the service in question. (a) Light poles and small wireless facilities collocated thereon may be located above ground in areas of the City where facilities are primarily located underground. (b) The City may: (i) allow collocated small wireless facilities placed aboveground prior to the effective date of this Ordinance and subject to any applicable pole attachment agreement to remain above ground; or (ii) allow the wireless provider to replace the pole associated with previously collocated small wireless facilities at the same location or propose an alternate location within 50 feet of the prior location, which the wireless provider shall use unless such alternate location imposes technical limits or significant additional costs. Section 1.6 Historic District. Facilities installed in the historic district of the City shall conform to the provisions of the Augusta, GA Historic Preservation Ordinance. Section 1.7 Camouflaging. Facilities must be designed using camouflaging techniques that make them as unobtrusive as possible if: (a) It is not possible or desirable to match the design and color of facilities with the similar facilities in the same zoning area, as required under Section 9.1(a); or (b) Existing facilities in the area are out of character with a streetscape plan or other aesthetic plan that has been adopted by the City. Section 1.8 Concealment. Facilities shall incorporate specific concealment elements to minimize visual impacts. APPLICATION AND PERMIT Right-of-Way Usage ENGINEERING DEPARTMENT Augusta GA ROW Usage Permit-Aesthetic Standards (May 2021) 3/3 Section 1.9 Preferred Locations. (a) Unless otherwise provided by applicable law, facilities shall, to the extent that is it reasonable, be placed in the following areas of the City: (i) [Industrial]; (ii) [2nd Commercial]; (iii) [3rd Residential]. These areas are identified in terms of priority, meaning Industrial is the most preferred location, followed by Commercial, etc. (b) Facilities may be located outside areas identified in Section 9.1(a) if: (i) facilities must be placed outside of the areas identified in Section 9.1(a) in order to maintain existing services, improve services, or new service can only be provided if facilities are placed in areas located outside of those identified in Section 9.1(a); or (ii) the proposed facilities will meet all applicable requirements for the non-preferred location and will complement the character of the zoning area. Section 1.10 Installation and Modification Standards. Installation of new facilities in, on, along, over, or under the public rights of way or modification of existing facilities in, on, along, over, or under the public rights of way shall: (c) Minimize risks to public safety; (d) Ensure that placement of facilities on existing structures is within the tolerance of those structures; (e) Ensure that installations and modifications are subject to periodic review to minimize the intrusion on the right of way; (f) Ensure that the City bears no risk or liability as a result of the installations or modifications; and (g) Ensure that use of the public rights of way does not inconvenience the public, interfere with the primary uses of the public rights of way, or hinder the ability of the City or other government entities to improve, modify, relocate, abandon, or vacate the right of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right of way. Section 1.11 Plans for Use. No facilities shall be placed in, on, along, over, or under the public rights of way unless: (i) there are immediate plans to use the proposed facility; or (ii) there is a contract with another party that has immediate plans to use the proposed facility. Section 1.12 Contact Information. Every facility placed in the public rights of way shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number, and also provides a local or toll-free telephone number to contact the facility owner’s operations center. Commission Meeting Agenda 7/1/2021 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Regular Meeting held on June 15, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo -fr Commission Meeting Agenda Commission Chamber - 61151202l ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Johnson, Garrett, Sias, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend David Hunter, Pastor Lutheran Church of the Resurrection . PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LTNITED STATES OF AMERICA. RECOGNITION(S) ACCG 2021 Policy Appreciation Award A. Presentation of the Association of County Commissioners of Georgia (ACCG) Item 2021 Policy Appreciation Award to Ms. Lynn Bailey, Richmond County Action: Board of Elections. None lB ItemAoorovalsheet.html Motions Motion Motion Textr ype Made By Seconded Motion By Result Presentation is made to Ms. Lynn Bailey. Five (5) minute time limit per deleeation DELEGATIONS B. Mr. Michael J Gallucci: Item RESOLUTION BUILDING AN EQUITABLE AUGUSTA-RICHMOND Action: COLINTY, GEORGIA THROUGH FDALING, RECONCILIATION, & Approved LINITY. E 202I-15-06 AUGUSTA RESOLUTION - FTNAL (26 APR 2O2I).Ddf le 2021-15-06 Auqusta Stats.pdf B 2021-15-06 Equality vs Equitv in Picture.pdf B 2021-15-06 Racial Equity Index.ppfx {B ItemApprovalshect html Motions Y:j*t"' Motion Text Made By seconded By Motion Type --------- -r Result Motion to approve ^ receiving this item as Commissioner CommissionerApprove irio.-ution. sammie Sias Ben Hasan Passes Motion Passes l0-0. C. Ms. Mary A. Tibbetts regarding Zoning Petition 2-21-53 and 2-21-54 Item Skinner Mill Road. Action: None IB ItemApprovalSheet.html Motions Motion Made Seconded Motion Type Motion Text By By Result Presentation is made by Ms. Iibbetts. CONSENT AGENDA (Items l-39) PLANNING 1. FINAL PLAT ORCHARD LANDING S-923 A request for Item concurrence with the Augusta Georgia Planning Commission to approve a Action: petition by Greenspace Communities LLC requesting final plat approval for Approved Orchard Landing. This townhome subdivision contains 44 lots and is located at 3699 Peach Orchard Road. District 6 B orcherd landinq.pdf {B ltemApprovalSheet.html Motions Motion Text Made By Seconded BY 2. FINAL PLAT - RICHMOND VIEW - 5-925 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Gavin Ventures LLC requesting final plat approval for Richmond View. This residential subdivision contains l5 lots and is located at Liberty Church Road, Brown Road and Old Waynesboro Road. District 6 lB richmond view.ndf Motion Type A ---^..^ Motion to approve.APProve Motion passes 1o-0. Motions Motion Motionr ype ^ MotionAPProve Motion Motion Result Commisioner Commissioner Sean Frantom John clarke Passes Item Action: Approved Text Made By Seconded By Motion Result to approve. Commisioner Commissioner n . Passes 10-0. Sean Frantom John Clarke Passes 3. Z-21-40 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by H&A Action: Development, on behalf of Margaret Mayo Cordle Caughman, requesting a Approved Rezoning from Zone R-l (One-famity Residential), Zone R-18 (One- family Residential) and Zone A (Agriculture) to Zone R-18 (one-family Residential) affecting property known as 2590 Tobacco Road and containing approximately 29 acres. Tax Map 141-0-004-04-0 Continuedfrom May meeting. DISTRICT 4 1. The development must substantially match the Concept Plan submitted with the Rezoning Application, including the amenity areas, and limiting number of single-family attached residential townhomes to 197, providing a 60' right-of-way and 3l' back-of-curb to back-of-curb for all internal roadways, providing paved overflow parking areas meeting the requirements of the Traffic Engineer as depicted on the Concept Plan, stubbing out the right-of-way and pavement of Road C, Road D and Road F to the external properfy lines, providing sidewalks with ADA ramps at all returns along Tobacco Road (at the discretion of the Traffic Engineer) and providing sidewalks with ADA ramps at all returns internally on at least one side of all roadways pursuant to the Concept Plan, providing a walking trail as shown on the Concept Plan (if GA Natural Gas disapproves the walking trail through their easement, then the walking trail will run behind lots 53 through 76) and providing a streetyard pursuant to the Augusta Tree Ordinance on all portions of the subdivision fronting Tobacco Road. Streetyard trees are required to be a minimum of 3" caliper, a minimum of 8' in height and unbranched to 6' .2. A third entrance must be provided if the development exceeds 200 lots at any point in the future. 3. All lots must adhere to required front, side and rear setbacks and a 5 foot side setback must be provided on all end units, as currently provided for in the Concept Plan. 4. A Traffic Study will need to be performed. The Traffic Study will need to contain, at a minimum: a) Trip Generation Calculations based on proposed development and size; b) How those trips will be distributed within the nearby street system; c) Existing traffic volumes plus the trips generated; and d) The projected LOS (Level of Service) of nearby streets based on the demands of the proposed development. The Traffic Study must also look at the need for right turn accel and decel lanes for both entrances, the need for left turn lanes from Tobacco Road for both entrances, the potential for all-way stop warrants, and traffic signal warrants, so that it can be determined if the main entrance may need to be upgraded, and possibly signalized, based on the traffic signal warrants. 5. Fred Drive will be right-turn only onto Tobacco Road with a mountable concrete curb to prevent left turns at that intersection, if approved by Georgia DOT. Traffic improvements, internal to the development, and within Tobacco Road, required by the Traffic Engineer, based on the Traffic Study, and also based on the trips generated by the property owners in this new subdivision, will need to be made apart of the Development Plan for this project. 6. All work within the right-of-way of Tobacco Road must meet Georgia Department of Transportation standards and specifications and be permitted by GA DOT prior to submission of the Development Plan for the development. 7. Any infrastructure installed over / through the Georgia Natural Gas easement, to include utility installation, roadways, the walking trail, or other infrastructure installation, will require written permission by Georgia Natural Gas prior to any Development Plan submittal for the development. {B z-21-40 reoort.pdf B ltemAoorovalsheet.html Motions Motion Type Approve Motion Text Motion to approve with the additional conditions that this project will pay an equal amount for the traffic light at Firestone Made By Commissioner Sammie Sias Seconded By ffilii Commissioner Passes Bobby Williams Drive and Tobacco Road and Spanish Trace Drive, that there will be a right turn only out of the establishment on Fred Drive with a raised median, that there will be on street overflow parking only, that there will be a splash pad with a clubhouse and there will be a mandatory HOA in the development. Motion Passes 10-0. 4. Z-21-43 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Matt Mills, Action: on behalf of Southeastern Family Homes, Inc, requesting to amend Approved conditions of 2-18-09 to develop a residential townhome subdivision in the R-lE Zone containing approximately 39.32 acres and located at 2560 Overlook Drive, 26ll Overlook Drive through 2630 (all #s) Overlook Drive, 2538 through 2566 (all #s) Waterfront Drive, a portion of 2406 Belfair Lakes, 2424 and 2426 Belfair Lakes for a total of 38 tax parcels. Tax map 082-0-007-00-0, a portion of 082-1-043-00-0 and additional tax parcels. A complete list of tax parcels is available in the office of the Planning and Development Department. DISTRICT 4 l. The proposed development shall substantially conform to the concept plan submitted with the rezoning application. 2. The proposed subdivision shall not contain more than I l0 townhome lots. 3. Provide sidewalks along at least one side of the street throughout the proposed development. 4. A minimum 10 foot undisturbed buffer must be provided along the side and rear boundaries of the entire tract.5. This development requires a minimum of 25 percent open space. 6. Development shall include an amenity area which may require removal of some lots within the overall development. The amenity area shall include grill areas by the pond, a clubhouse, splash pad andlor pool, and walking trails all to be jointly accessible to residents of all phases of the development. 7. Augusta Traffic Engineering will require a traffrc assessment, possibly a traffic study, to determine whether existing roadways need additional improvements.This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. IB z-21-43 renort.odf [B ItemAoorovalsheet.html Motion to approve with ^ the condition of a Commissioner CommisionerAoorove "'- -:"-"' -:-^ - :-^^..':'-:. "-' :-----------'-- Passesmandatory HOA. Sammie Sias Sean Frantom Motion Passes l0-0. 5. Z-21-44 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve with the conditions below a petition by Matt Mills, Action: on behalf of Georgia Vitrified Brick & Clay LTD, requesting a Rezoning from Approved Zone R-MH (Manufactured Home Residential) to Zone R-lE (One-family Residential) affecting property known as part of 2612 Overlook Drive and part of 2384 Gordon Highway and containing approximately 23.94 acres. Part of Tax Map 082-0-007-00-0 and part of Tax Map 082-0-003-00-00. DISTRICT 4 1. The proposed development shall substantially conform to the concept plan submiued with the rezoning application. 2. The proposed subdivision shall not contain more than I 17 townhome lots. 3. Provide sidewalks along at least one side of the street throughout the proposed development.4. A minimum 10 foot undisturbed buffer must be provided along the side and rear boundaries of the entire tract. 5. The site requires a minimum of 25 percent open space. 6. Development shall include an amenity area which may require removal of some lots within the overall development. The amenity area shall include grill areas by the pond, a clubhouse, splash pad and/or pool, and walking trails all to be jointly accessible to residents of all phases of the development. 7 . Augusta Traffic Engineering will require a traffic assessment, possibly a traffrc study, to determine whether existing roadways need additional improvements. 8. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Motions ryr':" Motion rext lB z-21-44 rcoort.odf IB ltcmAonrovrlsheet.html Motions Motion -^-"-- Motion Text'l'ype Motion to approve with ^ the condition of aAPProve mandatory HoA. Motion Passes l0-0. Seconded By f.".Til seconded By fffi," Commisioner Sean Frantom rasses Made By Made By Commissioner Sammie Sias 6, Z-21-45 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Matt Mills, on behalf of Georgia Vitrified Brick &. Clay LTD, requesting a Rezoning fromzone A (Agricultural) and zone R-MH (Manufactured Home Residential) to Zone R-lC (One-family Residential) affecting property known as part of 2612 overlook Drive, 2384 Gordon Highway and 2836 Gordon Highway and containing approximately 110.67 acres. Part of Tax Map 082-0-007-00-0, part of Tax Map 082-0-003-00-0 and Tax Map 082-0-002- 00-0. DISTRICT 4 1. The proposed development shall substantially conform to the concept plan submitted with the rezoning application. 2. The proposed subdivision shall not contain more than 288 lots. 3. Provide sidewalks along at least one side of the street throughout the proposed development. 4. Development shall include an amenity area which may require removal of some lots within the subdivision. The amenity area shall include grill areas by the pond, a clubhouse, splash pad and/or pool, and walking trails all to be jointly accessible to residents of all phases of the development. 5. Augusta Traffic Engineering will require a traffic assessment, possibly a traffic study, to determine whether existing roadways need additional improvements. 6. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Item Action: Approved lB z-21-45 reoort.odf B ItemAnorovalsheet.html Motions Motion Motion Textr ype seconded By f.'r[ilMade By Motion to approve with a ., the condition of a Commissioner CommisionerApprove ._I^r^_-_- rrn ^ ; ------;-;. ---- ; ----------. --- Passesmandatory HOA. Sammie Sias Sean Frantom Motion Passes 10-0. 7. Z'21-46- A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Matt Mills, Action: on behalf of Georgia Vitrified Brick & Clay LTD, requesting a Special Approved Exception to establish a single-family residential development not to exceed 7 lots per acre in accordance with Section 13 per Section ll-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property known as part of 2612 overlook Drive, 2384 Gordon Highway and 2836 Gordon Highway and containing approximately 110.67 acres. Part of Tax Map 082-0-007-00-0, part of Tax Map 082-0-003-00-0 and Tax Map 082-0- 002-00-0. DISTRICT 4 l. The proposed development shall substantially conform to the concept plan submitted with the rezoning application.2. The proposed subdivision shall not contain more than 288 lots.3. Provide sidewalks along at least one side of the street throughout the proposed development. 4. Development shall include an amenity area which may require removal of some lots within the overall development. The amenity area shall include grill areas by the pond, a clubhouse, splash pad and/or pool, and walking trails all to be jointly accessible to residents of all phases of the development. 5. Augusta Traffic Engineering will require a traffic assessment, possibly a traffic study, to determine whether existing roadways need additional improvements. 6. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. E z-21-46 report.pdf lB ItemAnorovalsheet.html Motions Motion Motion Text'l'ype Seconded By HtjilMade By Motion to approve with . the condition of a Commissioner CommisionerAoorove "'' -;' -"';,:^.- :"""':'":. "-' ;.-'--'-----. --^ Passesmandatory HOA. Sammie Sias Sean Frantom Motion Passes 10-0. 8. Z-21-47 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Andrew Action: Daniels, on behalf of Ben Thompkins, requesting a Rezoning from Zone Approved R-lA (One-family residential) and Zone B-2 (General Business) to Zone LI (Light Industrial) affecting property known as part of 2323 Milledgeville Road and containing approximately 1.40 acres. Tax Map 071-2-285-00-0. DISTRICT 2 1. The entire 1.74 acres be rezoned from R-lA (One- Family Residential) and B-2 (General Business) to LI (Light Industrial) in order to prevent two zonings on one property and that the rear 160 feet of the subject property remain undisturbed / heavily wooded. 2. Light industrial uses be limited to the interior of the existing structures on the subject property, with no outside storage of products or goods, no outside storage of vehicles, no outside storage of construction equipment, and no outside storage of or collection of recyclable materials to take place anywhere on the subject property, with the exception of the interior of the existing structures.3. No animal kennels may be located on the subject property. 4. Future expansion of the structures on the subject property would require thatthe entire property have to come into zoning conformance water / sewer, backflows, access I compliance. for parking, stormwater I detention, traffic issues and Tree Ordinance Made By Seconded By a,-.-..__-- Motion to approve. Commisioner CommissionerApprove vtotio, Passes 10-0. Sean Frantom John clarke Passes 9. Z-21-49 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve with the conditions below a petition by WTC of Action: Mike Padgett, LLC, on behalf of Frederick W. Broome, requesting a Approved Rezoning from Zone A (Agricultural) to Zone B-2 (General Business) affecting property known as part of 5l I I Mike Padgett Highway containing 2 acres. Part of Tax Map 354-0-008-10-0. DISTRICT 8 l. Subdivide and record the parcels zoned B-2. 2. A shared access easement shall be duly recorded prior to any approval of plans related to this development. 3. Any outdoor lighting shall be directed away from nearby residences. 4. This development must comply with all aspects of the Augusta Tree Ordinance.5. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. B z-21-47-renort.ndf B ltemAoorovalsheet.html Motions Motion;----- Motion Textrype tB z-21-49 report.pdf [B ItemApprovatsheet.html Motions Motion;----- Motion Textlype seconded By f-'rtil Motion Result Made By A ---^,.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom John clarke Passes 10. Z-21-50 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Kelvin Action: Jones, on behalf of Robert D. Bauer, requesting a Rezoning from Zone A Approved (Agricultural) to Zone LI (Light Industrial) affecting property known as part of 1726 Tobacco Road and 1746 Tobacco Road containing approximately 6.6 acres. Part of Tax Map 158-0-006-07-0 and part of Tax Map 157-0-026-00-0. DISTRICT I l. Any outdoor lighting shall be directed away from nearby residences. 2. Provide a minimum 50 foot buffer along the southern lot line of the property as shown on the plan (referring to "Tract l" on the concept plan). 3. This development must comply with all aspects of the Augusta Tree Ordinance. 4. This project shall comply with all development standards and regulations set forth by the Cify of Augusta, GA at the time of development. E z-21-50 reoort.odf E ItemAnorovalsheet.html Motions Motion- ----- Motion Text'l'ype as follows: ' Central Ave.; ' B z-21-52 reoort.odf [B ItemAoprovalshret.html Motions Motion Motion Text Type Seconded By Motion ResultMade By a._.-,,__,_ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom John clarke Passes ll. Z-21-52 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Heard Action: Robertson, on behalf of RP QOF I,LLC, requesting a Rezoning from Zone Approved P-l (Professional Office) to Zone R-lE (One-family Residential) affecting property known as 1310 Laurel Street and containing 0.1 acres. Tax Map 045-4-078-01-0. DISTRICT 1 1. The only development of the property shall be one single family residence. 2. Off-street parking must be provided as required by the Comprehensive Zoning Ordinance. 3. Setbacks shall be required under Section 8 -8 (One-family residential Zone) Side setback of 5ft. along property line adjacent to 1610 Side setback of 15 ft. along property line adjacent to l3l2 Laurel if a brick or stucco wall is erected. 25 ft. without wall; ' The greater of 25 ft. or 20%o of the lot depth for a rear setback and a minimum 15 ft. front setback that is calculated on the average of the block face along Laurel Street between Central Avenue and Wrightsboro Road. 4. Any necessary Board of Zoning Appeals variances must be requested and approved before any building permits may be issued. Motion Result Made By Seconded By a --_-_--__- Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom John clarke Passes 12. Z-21-53 - A request for concurrence with the Augusta Georgia Planning Item Commission to deny a petition by Dhanesh Kumar, on behalf of Albert Cho, Action: requesting a Rezoning from Zone R-l (One-family Residential) to Zone Approved R-lC (One-family Residential) affecting property known as 3208 Skinner Mill Road containing 9 acres. Tax Map 017-0-031-00-0. DISTRICT 7 IE z-21-53 reoort.odf lB ItemApprovalsheet.html Motions X:ll" Motion Text Made By Seconded ByI ype a --_-_--_- Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom John clarke Passes 13. Z-21-54 - A request for concurrence with the Augusta Georgia Planning Item Commission to deny a petition by Dhanesh Kumar, on behalf of Albert Cho, Action: requesting a Special Exception to establish a single-family residential Approved development not to exceed 7 lots per acre in accordance with Section l3 per Section ll-2-(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 9 acres and known as 3208 Skinner Mill Road. Tax Map 017-0-032-00-0. DISTRICT 7 Motion Result Motion Result lB z-21-54 renort.odf B ItemApprovalsheet.html Motions x::*1" Motion Text Made By seconded Byr ype ^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom John Clarke Passes 14. Z'21-55 - A petition by GVS Holding I LLC, requesting a Special Item Exception to establish a single-family residential development not to exceed Action: 7 lots per acre in accordance with Section 13 per Section ll-2-(a) of the Approved Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 15.9 acres and known as part of 3555 Peach Orchard Road. Part of Tax Map 143-0-003-00-0. DISTRICT 6 1. The proposed development shall substantially conform to the concept plan submitted with the rezoning application. 2. The proposed subdivision shall not contain more than 90 residential units. 3. Provide sidewalks along at least one side of the street throughout the proposed development. 4. A minimum 10 foot undisturbed buffer must be provided along the side and rear boundaries of the entire tract. 5. This development requires a minimum of 25 percent open space. 6. Augusta Traffic Engineering will require a traffic assessment, possibly a traffic study, to determine whether existing roadways need additional improvements. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom John clarke Passes PUBLIC SERVICES 15. Motion to approve New Location A. N. 2l-16: request by Florence P. Item Henley for an on premise consumption Liquor, Beer & Wine License to be Action: used in connection with Tiffany's Eatery located at 828 Broad Street. Approved District 1. Super District 9. (Approved by Public Services Committee June 8,2021\ E z-21-55 reoort.odf lB ItemAoorovalsheet.html Motions Motion Motion Text't'ype seconded By Motion ResultMade By Made By Commisioner Sean Frantom E aN-zl-lo.oar lB ltemApprovalsheet.htmt Motions Motion Motion Text'l'ype ^ Motion to approve.Approve Motion Passes l0-0. Commissioner John clarke Passes Seconded By Motion Result 16. Motion to approve awarding East Coast Pyrotechnics, Inc. bid item #21-194 Item for Fireworks for Independence Day Celebration in the amount of $30,000. Action: (Approved by Public Services June 8,2021) Approved ^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom John clarke Passes 17. Motion to approve applying to Georgia Association of Metropolitan Item Planning Organizations (GAMPO) for the FY 2022 Bike and Pedestrian Plan Action: Update funds. (Approved by Public Services Committee June 8,2021) Approved B 2l-194 Invitation to Bid.docx E 2l-194 TAB.xls B Bid Item #21-194 - Recommendation.odf E 2l-194 Platrholders List.pdf IB ItemAoprovalshert.html Motions Motion;:,_-^-" Motion Text Made By Seconded Byrype B GAMP0 Bike-and Pcdestrain_Aoolication_Revised.pdf B Admin Approval Bike Ped Plan App.pdf B ItemApnrovalsheet.html Motions [,o11"' Motion Text Made By Seconded Byrype Motion Result Motion Result A ---^,.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom John clarke Passes 18. Motion to approve a request by Tina Houston for a Massage Operator Item License to be used in connection with Tina Therapeutic located at l913 Olive Action: Road. District 2. Super District 9. (Approved by Public Services Approved Committee June 8,2021\ [3 TinaTherapeuticsmassase.odf B ItemAoorovalsheet.html Motions f#:" Motion rext Made Bv Motion Result Motion Result Motion Result A __-^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom John clarke Passes 19. Motion to approve amendment Augusta, Georgia Code, Title 3, Article 18, Item Chapter 6: Noise Ordinance, Section 3-6-l through Section 3-6-3 so as to Action: provide clarity with regards to enforcement. (Approved by Public Services Approved Committee June 8,2021\ E Noise Amendment final 20210525.docx E ItemApprovatsheet.html Motions Motion;------ Motion Text Made By'l'ype Seconded By Seconded By Made By Seconded By a , Motion to approve. Commisioner CommissionerApprove Motion Passes l0-0. sean Frantom John clarke Passes 20. Motion to approve Augusta Transit's (AT) reinstatement of bus fares and Item ending rear door boarding. All Patrons will continue to wear mask on the bus Action: and in the Transit Facilities until such practices are suspended with an Approved effective date of July 15,2021 and bus signs in place by the end of the year. (Approved by Public Services Committee June 8,2021) lB ItemAoorovalsheet.html Motions Motion Motion Text'r'ype ^ Motion to approve.Approve Motion Passes 10-0. Commisioner Commissioner Sean Frantom John Clarke Passes ADMINISTRATIVE SERVICES 21. Motion to refer the matter of the (P) Purchasing Card Policy and Procedures Item & the state legislation from 2016 to the Attorney and the Administrator for Action: review and development of a policy. (Approved by Administrative Approved Services Committee held June 8,2021) [B 2016-16-03 Purchasing Card policy proredures.pdf [B 2021-15-06 odel Purchrsing Card and Credit Card Resolution Ordinance and User Agreement.pdf B ltemApprovalsheet.html Motions Motion rr r. m Motion;----- Motion Text Made By Seconded BylYPe -.--*- -r Result Motion to approve. Approve Mr. Clarke out. Commissioner Commissioner Motion passes 9-0. Ben Hasan Dennis williams Passes PUBLIC SAFETY 22, Motion to approve FY22 Criminal Justice Coordinating Council Grant for Item State Court Accountability Court DLII and Veterans Court Programs. Action: (Approved by Administrative Services Committee June 812021) Approved IB AccountabilitvcourtstateCourtFY22Grant pdf E sisned PR00030l.odf E ltemAonrovalsheet.html Motions X::*1"' Motion Text Made By seconded By Motionf'ype - ------ -'1 ----"--- -" Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom John clarke Passes 23. Motion to approve support/funding State Court Solicitor's Office Records Item Restriction Summit Initiative in an amount not to exceed $10.000 and letters Action:of support from the other participating partners. (Approved by Public Approved Safety Committee June 8,2021) lB ItemAonrovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Unanimous consent is given to add a correction to this item to the agenda. Motions Motion Motion - """" Motion Text Made By Seconded ByType r'rvrrvrr r v^r Result Motion to approve with . the amount not to Commisioner CommissionerAoorove ""- *","::: ::^':^ :""'^-'"'".'-^ :;"";;-;--'-- Passesexceed $10,000.00. Sean Frantom John Clarke Motion Passes l0-0. ENGINEERING SERVICES 24. Motion to approve award of Augusta Roadways Sweeping Contract to Item Sweeping Corporation of America, Inc. (SCA) for Area-Wide street Action: sweeping services. The Contract is for three years with renewal option of two Approved additional years. Also, approve $600,000 to fund the proposed sweeping Services for Base Year l. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. requested by AED. RFP 21- 1a5. (Approved by Engineering Services Committee June 8,2021) B 2l-145 RFP -_Invitation Sent to Prper Correction.docx B 2l-t4s rAB.pdf B 2l-145 Strret Sweepins AED Award Reco MemoProcurement.pdf E 2l-145 SteetsweepinLselected-Optiops Final Fee.pdf IB 2l-145 Cumulative.xlsx E FYI Process Reeuardins RFP updated 5-3-2l.odf B 21-145_Planholders.pdf B ltemAporovalsheet.html Motions $olion Motion Text Made By seconded By Motion Type Result ^ Motion to approve. Commisioner Commissioner hApprove Motion Passes l0-0. Sean Frantom John clarke rasses 25. Motion to approve the continuation of waiving the liquidated damages for Item the garbage haulers for primes and sub-contractors effective June lr 202l Action: going forward and with the guarantee that the waivers will be passed down to Approved the subcontractors. (Approved by Engineering Services Committee 8, 2021) B ItemApprovalSheet.html Motions H:11" Motion Text Made By Seconded By f."rtilI ype Motion to approve with an effective date of Commissioner Approve April I instead of June Brandon commtsstoner ,. tt' I instead of Jut Garrett sammie Sias Passes Motion Passes 10-0. 26. Motion to approve adoption of the Wireless Facilities and Antennas Item Ordinance as requested by Augusta Engineering Department. Also adopt Action: associated Permitting and Right-of-Usage guidance documents and forms. Approved Requested by AED. (Approved by Engineering Services Committee June 8,2021\ E Augusta GA Small Cell Frcilitv ROW tlsaqe Ordinace.odf B ARC ROW Encreochment Guidlines June 202l.pdf B ltemAoorovalsheet.html Motions X:11" Motion Text Made By Seconded By f*tjilrype A ---^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom John clarke Passes 27. Motion to approve installing 2 streetlights at the intersection of Hephzibah- Item McBean Rd and Mike Padgett Hwy. This is a dangerous intersection, and Action: more lighting will help reduce accidents. (Approved by Engineering Approved Services Committee June 9r2021) B ItemApprovalsheet.html Motions fr'J:" Motion Text Made By seconded By ffi..li,' Approve Motion to approve. Commisioner Commissioner Passes Motion Passes 10-0. Sean Frantom John Clarke 28. Motion to approve supplemental funding of the current "On-Call Item Professional Services for Engineering and Field Design, small to Medium Action: Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance Approved and Structural Inspection & Investigations" Services (CEI Services) contract in the amount of $1,050,000 for TIA downtown roadway Improvements Projects. Requested by AED. RFP 19-241 . (Approved by Engineering Services Committee June 912021) B 6th Street Impvts award 05.27.21.x1sx E CPB sth Street Impvts ISM 05.27.21,x1sx lB CPB Telfair Street Impvts 05.27.21.x|sx B CPB Broad Street Impvts 05.27.21.xtsx B r9-zll ten.par B ItemApprovalsheet.html Motions Y::*i" Motion Text Made By seconded By Motion Type -.---- -" --------- -'t Result a .-.,.. _ Motion to approve. Commisioner CommissionerApprove Motion Passes l0-0. Sean Frantom John clarke Passes PETITIONS AND COMMUNICATIONS 29. Motion to approve the minutes of the Special Called Meetings held June I & Item 8 and Regular Meeting held on June I ,2021.Action: Approved E Called Commission Meetins June I 2021.ndf lB Resular-Commission-Meetinq June I 202l.odf IB Called Commission Meetins June 8 202l.pdf E ItemAnnrovalsheet.html Motions ryJ:"' Motion rext Made By Seconded By fJ.t,lil ^ Motion to approve. Commisioner Commissioner n -Approve Motion passes l0-0. Sean Frantom John clarke Passes APPOINTMENT(S) 30. Motion to approve the appointment of Ms. Business Citizen Advisory Board representing Alicia Gonzales District 8. to the Small Item Action: Approved Motion Result Passes General Item Action: Approved Motion Result Motion Result B ItemAoorovalSheet.html Motions Motion Motiontype . MotionApprove Motion IB Vicki C. Johnson.rdf [B ItemAonrovalsheet.html Motions Motion Motion Text'r'ype a.-.-..-__- Motion to approve.APProve Motion Passes 1o-0. lH ItemAonrovalsheet.html Motions Motion Motion Textr ype A .^..-^--^ Motion to approve.APProve Motion passes lo-0. Text Made By Seconded By to approve. Commisioner Commissioner Passes l0-0. Sean Frantom John Clarke 31. Motion to approve the appointment of Ms. Vicki C. Johnson to the Aviation Commission-Daniel Field representing District 9. Made By Seconded By Commisioner Commissioner Sean Frantom John Clarke Passes ADMINISTRATOR 32. Motion to authorize Housing & Community Development to work with the Item Augusta Housing Authority under the direction of the Administrator to work Action: on the issue of identiffing housing options for displaced families. Approved (Approved by Administrative Services Committee June 8,2021) Made By Commisioner Sean Frantom Seconded By Commissioner John clarke Passes Motion to approve allowing Boards, Authorities and Commissions who are Item not meeting in the Commission Chamber to resume their in-person meetings Action: effective June 14, 2021. (Approved by Administrative Services Approved Committee June 8r2021) seconded By #Jir' a - ,-,.--.- Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom John clarke Passes OTHER BUSINESS 34. Motion to approve bid award the contract to furnish and install new Item furnishings for the newly renovated Law Department Building to the lowest Action: responsive bidder, Modern Business Workplace Solutions of Augusta, GA, Approved in the amount of $147,632.43. (Bid Item #21-l7l) (Approved by Administrative Services Committee June 8, 2021\. B ItemAonrovalsheet.html Motions Motion Motion Textr ype E ItemApprovalsheet.html Motions Motion-^"""" Motion Text'l'ype Made By a -------_-- Motion to approve. Commisioner CommissionerApprove Motion Passes l0-0. Sean Frantom John Clarke 35. Motion to approve acceptance of Nationwide Group Flexible Defened Fixed Indexed Annuity. (Approved by Administrative Committee June 8, 2021') Made By Seconded By Motion Result Passes Purchase Item Services Action: Approved lB ItemAoorovalSheet.html Motions Motion --"---" Motion Text'l'ype ^ Motion to approve.Approve Motion Passes 10-0. Seconded By Motion Result Commissioner John clarke Passes Made By Commisioner Sean Frantom 36. Motion to approve the purchase of one animal transport truck, at a total cost Item of 547,766.00, to Allan Vigil Ford for the Animal Services Department (Bid Action: #21-150). (Approved by Administrative Services Committee June 8, Approved 2021) El 21-150 Advertisement to paper.docx B zt-tso ter.pdr {B 2l-150 Department Recommendation of Awerd (2).pdf IB 209176 Exec Replacement.pdf B 2l-150 Tab Sheet.pdf E 2l-150 Ptanholders.pdf IB ItemApprovalsheet.html Motions Motion Motion TextI ype Motion to approve. Ms. Mcltuight abstains. Approve Voting No: Commissioner Commissioner John clarke Francine Scoff Passes uommlssloner Brandon Garrett. Motion Passes 8-l -1. 37. Motion to approve the purchase of one l5-passenger van, at a total cost of ltem $37,430.00, to Wade Ford for the Juvenile Court (State Contract - SWC Action: 99999-SPD-8S40199373-0009). (Approved by Administrative Services Approved Committee June 8r2021) E 2l-147 Teb Sh€et - No Bids.PDF IE State Contract Price Sheet.pdf B Procurement Approval for Srrl'C - Bid 2l-l47.pdf B ltemApprovalsheet.html Made By Seconded By Motion Result Motion Result Passes Motions Motion Motion Textrype Approve Made By Seconded By Motion to approve. Commisioner Commissioner Motion Passes 10-0. Sean Frantom John Clarke 38. Motion approve the purchase of four Dodge Chargers for the Marshal's Item Office at a total cost of $130,668.00 from Thomson Motor Centre (Bid 20- Action: 242). (Approved by Administrative Services Committee June 8,,2021) Approved E Marshal s Office Evaluation Forms.odf @ 20-242 Advertisemetrt to Paper.pdf B 20-242 TAB.pdf lE 20-242 Departmetrt Recomm€ndation of Award.pdf B Mail List and Demandstar Planholders.odf E Georsia-Procurement-Resistrv Vendor-Summrrv.odf E ItemApprovalsheet.html Motions Y:-tt-"' Motion Text Made By Seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove vtotion Passes 10-0. Sean Frantom John Clarke Passes 39. Motion to approve the Administrator's Office to facilitate the development Item of a strategic plan for the City of Augusta. (Donald/Carl Vinson Institute of Action: Government)(Approved by Administrative Services Committee) Approved IE ltemAonrovelsheet.html Motions $ofion Motion Text Made By seconded By Motion Type rrrvrrv' r lat Result a -----.---- Motion to approve. Commisioner CommissionerApprove vtotion Passes 10-0. Sean Frantom John Clarke Passes 't ***END CONSENT AGENDA?k * * * AUGUSTA COMMISSION 6n512021 AUGUSTA COMMISSION REGULAR AGENDA 6ltst202t (Items 40-44) PLANNING 40. Z'21-24 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by James Action: Trotter, on behalf of Purko Builders Inc., requesting a change of zoning from Approved zone R-lA (one-family Residential) to zone R-lE (one-family Residential) affecting property containing approximately 4 acres and known as 3055 and 3061 Dennis Road. Tax Map 007-l-006-00-0 and 006-0-039- 00-0 DISTRICT 7 l. The proposed development shall substantially conform to the concept plan submitted with the rezoning applic ation.2. Conduct a traffic study to assess whether acceleration / deceleration lanes are needed. 3. Provide sidewalks along at least one side of all internal streets and meet all standards of the Augusta Traffic Engineering Department, including handicap access, where required. 4. Adequate off-street parking must be provided for this development. Based on the plan, a minimum of 6 additional paved spaces are required. 5. Alice Lane to be improved from the intersection to the end of Lot 17.If the total distance of internal streets is longer than 150 feet there must be an approved turn-around area for fire apparatus. 6. Shift the lot lines of Lots 20 - 22 so that Lot 20 meets the minimum front setback requirements. 7. A Stormwater Management Plan is required at the time of Site Plan submittal. 8. Review of any future Site Plan be jointly conducted with Columbia County, since there is a high likelihood that water and sewer will have to come from Columbia County and stormwater outfall flows into Columbia County. 9. The project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development, including but not limited to the Augusta Tree Ordinance. B z-21-24 report.odf lE ItemApprovalsheet.html Motions Y:'1"' Motion Text Made Byr ype Approve Motion to approve. Voting No: Commissioner Seconded MotionBy Result Passes John Clarke, Commisioner Commissioner Motions Motion Type Sean Frantom, Commissioner Brandon Garrett, Commissioner Catherine Smith-McKnight. Motion Passes 6-4. Dennis Williams Made By Seconded By Motion Result Deny PUBLIC SERVICES 41. Discuss R&B Hall of Fame Induction from Public Services June 8,2021) Fails recommendation Item Action: Approved Motion Text Motion to deny the petition. Voting No: Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 4-6. Commisioner Sean Frantom Commissioner John Clarke ceremony. (No E ltemAoprovatSheet.html Motions Motion Type Approve Motion Text Motion to allow the Administrator, General Counsel and the CVB Director to enter into discussions with Mr. Made By Commissioner Jordan Johnson Seconded By HtJiJ Commisioner Passes Sean Frantom Washington and Mr. Robinson to determine if Augusta will be able to host this ceremony. Voting No: Commissioner John Clarke, Commissioner Brandon Garrett, Commissioner Catherine Smith- McKnight. Motion Passes 7-3. ADMINISTRATOR 42. Update from the Administrator regarding approval of Blight Ordinance. Item (Deferred from the May 18, 2021 Commission Meeting following Action: the Commission Work Session/Public Hearing(s) on June I & 3, 2021) Approved B 2021-18-05 Dreft Blisht ordinencel.pdf B 2021-15-06 R Blisht Ordinance pressentation.pdf B ItemAoorovalsheet.html Motions X:11" Motion Text Made By seconded By Motion'l'ype - ---- -r ----""-" -r Result Motion to approve the ^ ordinance and waive uommlssloner Approve l{:r:ru1":*ttu i""'l'o'J-' ;J'T#T:i'"*L Passes OTHER BUSINESS 43. Request from SLA Labs for a "letter of support" from the Commission. (No Item recommendation from Administrative Services Committee June 8, Action:2021) Approved IB 2021-ll-05 LA Labs SkillBridpe A[ience.pdf E ItemAonrovalsheet.html Motions Motion Motion Text Made By Seconded By Motion Type Result Motion to deny the Letter of Support. Voting No: Commissioner CommissionerDeny cJ--irrior., Ben Hasan sammie sias Passes Dennis Williams. Motion Passes 9-1. ADDENDUM 44. Motion to accept Superior Court grant awards of FY '22 AJC Mental Health Item Court in the amount of $103,762;FY '22 AJC Veterans Court in the amount Action: of $100,696 and FY '22 Felony Court in the amount of $323,467. (Grants Approved must be approved/accepted by June 30,2021) lB Superior Court Grant Awards Attachments.pdf E ltemApprovalsheet.html Motions Motion Made Seconded MotionMotion TextType rvrvrrv. I var By By Result Unanimous consent is given to add this item to the agenda. Motions Y:lt" Motion Text Made By Seconded By Motion Type r'rvrrv' r var Result ^ Motion to approve. Commissioner CommissionerApprove Motion Passes l0-0. Bobby williams Brandon Garrett rasses LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 45. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Commission Meeting Agenda 7/1/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-17: request by Mark Guillory for an On Premise Consumption Liquor, Beer & Wine License and a Retail Package Beer & Wine License to be used in connection with Taste Wine Room located at 879 Broad Street. District 1. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance Financial Impact:The applicant will pay a pro-rated fee of $2,847.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-19: request by Aasim Mohammed Abdul for a Retail Package Beer & Wine License to be used in connection with Augusta Food, LLC located at 1342 Gordon Highway. District 1. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $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 7/1/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-18: request by Aasim Mohammed Abdul for a Retail Package Beer & Wine License to be used in connection with Neha Group, LLC located at 1499 Gordon HIghway. District 2. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $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 7/1/2021 2:00 PM ALCOHOL LICENSE AND BUSINESS LICENSE (OCCUPATION TAX CODE) VIOLATIONS Department:Planning & Development Department:Planning & Development Caption: Discussion: consider probation, suspension or revocation of the Alcohol License and Business License for Mr. Brian Brittingham, d/b/a: Southbound Smokehouse, LLC, 1855 Central Avenue, for failure to comply with the Augusta- Richmond County Alcohol Ordinance, Dance Ordinance and Occupation Tax Ordinance. Background:The owner of Southbound Smokehouse has a business license to operate a restaurant and an alcohol license to serve liquor, beer and wine. The Richmond Count Sheriff’s Office request a hearing before the Augusta Commission to consider taking action against the Business License and Alcohol License for Southbound Smokehouse for violating City codes. Analysis:Over the past several months, the Sheriff’s Office has received complaints in reference to noise complaints and underage drinking at Southbound Smokehouse. On June 11, 2021, the Sheriff’s Office conducted an inspection of Southbound Smokehouse, 1855 Central Avenue and found the business operating in a manner that is in violation of the Business License, Alcohol License and Dance Hall ordinances. (see attached Sheriff’s Office letter) The request is for the Augusta Commission to take action against the Business and Alcohol Licenses. The Alcohol License and the Business License can be suspended, revoked or placed on probation pursuant to the following violations and codes: • Operating as a bar / nightclub; the business is classified as a restaurant; the property is not zoned to allow a bar / nightclub use. • Furnishing alcoholic beverage to persons under twenty-one (21) years of age. • Operating a dance hall without Commission approval. OCCUPATION TAX CODE Sec. 2-1-38. Right to deny, suspend, or revoke a business tax certificate. (a) A Business Tax Certificate under this Chapter may be denied, suspended, or revoked if one or more of the following exists: (3) The applicant Cover Memo or holder of the certificate intends to violate or has violated any federal or state law, or local ordinance or any ordinance or resolution regulating such business or intends to violate any regulation made pursuant to authority granted for regulating such business. (6) The applicant or holder of the certificate fails to adequately supervise and monitor the conduct of the employees, patrons and others on the subject premises, or on any property owned or leased by the applicant or holder, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of the establishment of the applicant or holder, in order to protect the safety and well-being of the general public and of those using the properties. ALCOHOL CODE Sec. 6-2-74. Probation, Suspension & Revocation (Alcohol License). Any license issued under this Ordinance may be put on probation, suspended and/or revoked by the Augusta-Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or revocation of a license shall include but shall not be limited to, the following: (a) A violation of this Ordinance or any State or federal law governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the employ of the establishment for which the license was issued. Sec. 6-2-21. Premises to be kept in orderly manner, with outside gatherings of patrons restricted. (a) Owners and/or applicant, managers and employees shall be responsible for keeping an orderly place, and no patron shall cause a disturbance of any kind; nor shall any patron be allowed to stand, sit, mingle or assemble outside the building, in parking lots or autos, and drink alcoholic beverages except as provided in subparagraph (b) hereof. Sec. 6-2-32. Violations; unlawful activities. (a) Any person holding any license issued pursuant to this Ordinance or any employee or agent of such person who violates any provision of this Ordinance, or directs, consents to, permits, or acquiesces in such violation, either directly or indirectly shall, by such conduct, subject the license to suspension or revocation. For purposes of administering and enforcing this Ordinance, any act committed by an employee, agent or representative of a licensee shall be deemed to be an act of such licensee. (b) It shall be a violation of this Ordinance for any licensee to permit any person to engage in any activity on the premises for which the license is issued or within the place of business, which is in violation of the laws or regulations of any federal, state, county or municipal governing authority or regulatory agency. With respect to any such activity, it shall be rebuttably presumed that the same was done with the knowledge or consent of the licensee; provided however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such licensee did not know, assist or aid in such occurrence, or in the exercise of full diligence could not have discovered or prevented such activity. Sec. 6-2-19. Furnishing to minors – Prohibited (a) Except as otherwise authorized by law: (1) No person knowingly, directly Cover Memo or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one (21) years of age; (2) No person under twenty-one (21) years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under twenty-one (21) years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for, or on behalf of, a person under twenty-one (21) years of age. Sec. 6-2-52. License for eating establishment, hybrid restaurants….(requires B-2 Zoning) (c) Not withstanding any other criterion in this section, licensees desiring to operate as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to: (1) the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar; (2) the licensee complies with the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (a) and (b) of this section; (3) no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge; (4) the licensee post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-52(c) of the Augusta, Georgia Code"; (5) the initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license; and (6) restaurants which elect to charge a cover charge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. Comprehensive Zoning Ordinance Business District Classifications Section 22 B-2 (General Business) Zone 22-1 Permitted Uses (a) The following uses are authorized in a B-2 (General Business) Zone: (2) Cafes, restaurants, taverns and drinking establishments (nightclubs). The subject property is zoned B-1 (Neighborhood Business) and does not allow drinking establishments (nightclubs). DANCE CODE Sec. 6-6-43. Dance halls. (a) Defined. Dance hall means a location where music, whether live or recorded, is played and /or otherwise provided for the purpose of dancing by the patrons of the location, or where such dancing is allowed or permitted. (d) Commission Approval. No person shall operate a dance hall within the limits of Augusta-Richmond County without first receiving a favorable action from the Board of Commissioners. The Augusta-Richmond County Commission shall have the right to determine whether the applicant or Cover Memo location for the proposed dance hall is proper and appropriate. The subject business does not have a Dance Hall License. Financial Impact:N/A Alternatives:Place the Business License and Alcohol Licenses on probation for one year from the date of approval by the Augusta Commission; and require the licensee to pay a fee of $500 to have the Alcohol License reinstated. Recommendation:Suspend the Business License and Alcohol License for ninety (90) days, place the Business License and Alcohol License on probation for a period of one (1) year beginning the last day of the ninety day suspension, and require the licensee to pay a fee of $500 to have the Alcohol License reinstated. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo RICHMOND COI.INTY SHERIFF'S OFFICE Sheriff Richard Roundtree Law Enforcement Center 400 Walton Way Augusta, GA 30901 Phone: 706.821. I 400 Fax: 706.821.1014 June 17,2027 Robert Sherman Asst. Director Augusta-Richmond C ounty Planning and Development 1850 Marvin Griffin Rd Augusta, Ga.30906 Re: 1855 Central Avenue (Southbound Smokehouse) Mr. Sherman, Within the past several months this office has received several complaints in reference to noise complaints and underage drinking. At that time an investigation began and Offrcers learned that southbound employed someone to check ID as well as had a deputy working special duty at the facility. Inv. Jose Ortiz spoke with the special duty officer and learned they did turn people away for being underage at the door. This officer was also informed, the special duty officer would also be inside the restaurant and see subjects who appeared underage. After checking their ID would learn the ID was fake or the ID presented clearly showed the subject to be under 21 years of age. On June llth 2021 officers equipped two officers with a video audio recording device and sent them into the "restaurant". Once inside the restaurant officers learned the business was being run as if it was abarlnightclub instead of a restaurant. The tables and chairs were moved to make a dance floor, the kitchen was closed, there were no seryers except for the bartenders, and inside the business was standing room only where officers were bumping into people just go get from one side to the other. A DJ was set up with a light show set up. Officers also observed subjects who appeared to be underage drinking in the establishment. At that time uniformed officers entered the business and advised the manager to have everyone close their tab and close the business for the evening. While walking to the back officers observed several patrons behind the bar where the coolers which contained the beer was located. Officers met with one of the managers who advised they were trying to deal with the noise complaints and closed the back bar down. While speaking with him the manager made a comment that at 2100 hours they essentially became club southbound. While checking ID's several underage subjects advised their ID was never checked and that the manager was letting them in through the side door. After checking the patrons ID as they left the business officers located 10 subjects under the age of 2l under the influence of alcohol and one subject with a fake ID. Sloan Baughman the manager on duty that evening was cited for Furnishing alcohol to a minor as well as operating a dance hall without a license. RICHMOND COUNTY SHERIFF'S OFFICE S heriff Richard Roundtree Law Enforcement Center 400 Walton Way Augusta, GA 30901 Phone: 7 06.821. 1400 Fax: 706.821.1014 Please consider this a formal request to bring 1855 Central Avenue (Southbound Smokehouse) before the Augusta Richmond County Commission to have their Alcohol license considered for suspension or probation. Respectfully Inv. Jose Ortiz Commission Meeting Agenda 7/1/2021 2:00 PM ALCOHOL ORDINANCE AMENDMENTS Department:Planning & Development Department:Planning & Development Caption:Alcohol Ordinance: Motion to approve amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include delivery of off premise consumption alcoholic beverages as provided for in Georgia House Bill 879; to provide that restaurants may offer mixed drinks to-go as provided for in Georgia Senate Bill 236, to include beer and wine in unopened packages; and to include hours of sale for Single Event Alcohol Licenses. Background:The Georgia Legislature through House Bill 879 (2020) and Senate Bill 236 (2021) approved for the delivery of unbroken package alcohol and mixed drinks to-go respectively. The hours of sale under the single event license is provided for clarity Analysis:The proposed amendment based on HB 879 will provide that businesses that hold an alcohol license for retail sales may deliver themselves or through a qualified third party unbroken package alcohol, and shall comply with rules and regulations for delivery as established by the Georgia Department of Revenue. The proposed amendment based on SB 236 will provide that qualified restaurants may sell mixed drinks to-go in approved containers, to include beer and wine in unopened packages, and shall comply with rules and regulations for alcoholic beverages to-go as established by the Georgia Department of Revenue. …. The hours of sale for single license events will provide clarity for when the event may begin selling alcohol, end selling alcohol, and vacate the premises. Financial Impact:N/A Alternatives:Do not approve Cover Memo Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-14, SECTION 6-2-52 AND SECTION 6-2- 77; SO AS TO ALLOW FOR DELIVERY OF ALCOHOLIC BEVERAGES AS PROVIDED FOR IN GEORGIA HOUSE BILL 879; TO ALLOW FOR RESTAURANTS TO SELL MIXED DRINKS TO- GO AS PROVIDED FOR IN SENATE BILL 236; AND TO ESTABLISH A CLOSING TIME FOR EVENTS UNDER THE SINGLE EVENT – OCCASSIONAL LICENSE REGULATIONS. 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 ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-14 is hereby amended by adding new Section 6-2-14 (b) as set forth in “Exhibit A” hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-52 is hereby amended by adding new Section 6-2-52 (a)(1) as set forth in “Exhibit A” hereto. SECTION 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-77 is hereby amended by adding new Section 6-2-77 (b) as set forth in “Exhibit A” hereto. SECTION 4. This ordinance shall become effective upon adoption. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ 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 ________________, 2021 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” Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, E, G H, I, J, K, L, M, and N licenses (on-premises consumption of Beer, Wine and Liquor, Brewpubs, Brewery, Micro Brewery, Nano Brewery, Pico Brewery, Distillery, Nano Distillery, and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 11:00 a.m. on Sunday and may remain open for business until 12:00 midnight on Sunday. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 11:00 a.m. on Sunday and between 12:00 midnight on Sunday and 6:00 a.m. on the Monday next following. (4) No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish, or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. (5) Holders of Class O, P, and Q licenses (incidental on-premise consumption of Beer, Wine, and Liquor) shall not serve alcohol earlier than 10:00 a.m. Monday through Saturday and may serve any authorized alcoholic beverage until 10:00 PM. The aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of other non-alcoholic merchandise or services. No alcoholic beverage shall be allowed to be in the possession of patrons before 10:00 AM or after 10:00 PM. On Sunday, the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (b) The Augusta Commission adopts certain provisions of Georgia House Bill 879 (2020). Specifically, holders of Class F license (off-premise consumption of liquor) and holders of Class B and D licenses (off- premises consumption of beer and wine) are permitted to deliver, themselves or through a qualified third party, unbroken package alcohol. The purchaser shall register with the retailer, and provide valid identification and signature upon delivery. Above stated license holders shall comply with rules and regulations for delivery as established by the Georgia Department of Revenue. Sec. 6-2-52. License for eating establishment, alcoholic drinks to-go, hybrid restaurants, entertainment venue, art shop, personal service establishment, indoor amusement and recreational gaming enterprise, or Augusta Convention and Visitors Bureau; authority to sell for consumption on the premises. (a) For an eating establishment to be eligible to sell alcoholic beverages for consumption on the premises, it must be a public place kept, used, maintained, advertised and held out to the public as a place where substantial meals are served and where substantial meals are actually and regularly served, such place being provided with adequate and sanitary kitchen to include an appropriate stove, refrigerator, food preparation area, sink, and other items required by the County Health Department and Planning & Development Department for the preparation of foods, and shall have a printed or posted menu from which selections for prepared food can be made, and dining room equipment, and a seating capacity of at least 40 people, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests as a bona fide eating establishment operation. The serving of such meals shall be the principal business conducted, with the serving of distilled spirits to be consumed on the premises as only incidental thereto, and to qualify as an eating establishment under this section, such establishment must derive at least 50 percent of its total annual gross food and beverage sales from the sales of prepared meals and foods on-premises. The Planning & Development Department staff, upon receiving an application from an eating establishment to sell alcoholic beverages for consumption on the premises, shall inspect the restaurant to determine if the applicant is in compliance with the above requirements for a restaurant and shall advise the Commission the determination of his/her inspection. (1). In accordance with Georgia Senate Bill 236 (2021), the Augusta Commission approves restaurants as herein defined in (a) above to sell mixed drinks to-go in approved containers, and to include beer and wine in unopened packages. Mixed drinks, beer and wine to-go shall be accompanied with the purchase of a food entrée and in conformance with state and local open container laws. Restaurants shall comply with rules and regulations for drinks to-go as established by the Georgia Department of Revenue. (b) The licensee of any eating establishment desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with (a) above shall file an affidavit with the Planning & Development Department, certifying under oath that such establishment, if an existing business, derived at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on- premise during the preceding calendar year or, if a new business, fully intends and expects to derive at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on- premise during the remainder of the current calendar year. Such an affidavit must be submitted annually with such establishment's alcoholic beverage license renewal application if restaurant classification is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. (c) Not withstanding any other criterion in this section, licensees desiring to operate as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to: (1) the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar; (2) the licensee complies with the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (a) and (b) of this section; (3) no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge; (4) the licensee post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-52(c) of the Augusta, Georgia Code"; (5) the initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license; and (6) restaurants which elect to charge a cover charge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (d) For an entertainment venue to be eligible to sell alcoholic beverages for consumption on the premises; it must have a minimum seating capacity of 200 fixed seats, affixed to the floor or attached to each other in rows of at least five seats in each row, in a theatre-like design in front of a stage; and it must be a public place kept, used, maintained, advertised and held out to the public as an entertainment venue. Entertainment shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto, and to qualify as an entertainment venue under this section, such establishment must derive at least 50 percent of its total annual gross entertainment and beverage sales from the sales of entertainment admission tickets. The Director of Planning and Development, upon receiving an application from an entertainment venue to sell alcoholic beverages for consumption on the premises, shall inspect the location to determine if the applicant is in compliance with the above requirements for an entertainment venue and shall advise the commission the determination of his/her inspection. The sale of alcoholic beverages is authorized for consumption on-premises in entertainment venues as defined herein, on Sundays between the hours of 12:30 p.m. and 11:00 p.m. provided, further that the shall be vacated of all persons, including employees, by no later than 12:00 midnight. For the purpose of this subsection, entertainment venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (1) Any business operating as an entertainment venue as defined in this Code shall be required to have a business tax certificate. The requirements for obtaining, renewing and maintaining such certificate shall be governed by the applicable provisions of the Augusta-Richmond County Code, Title 2, Chapter 2. The regulatory fee for a business tax certificate issued to any entertainment venue shall be as set forth in section 2-1- 3(c). (e) Upon renewal of an alcoholic beverage license at a premise where an eating establishment, hybrid restaurant, or entertainment venue is in operation, verified records of sales of food or admission tickets as they relate to the total sales of food and beverages or admissions shall be furnished. Verifications must be submitted by both the license holder and the management of the establishment. The Director of Planning and Development may cause an audit of the books of a qualifying eating establishment, hybrid restaurant, or entertainment venue to be made at any time. Failure of a licensee which is a qualifying eating establishment, hybrid restaurant, or entertainment venue to cooperate in the execution of the audit shall be a violation of this Ordinance. Any untrue or misleading information contained in, or material omission left out of, shall be cause for action to be taken against the alcohol license as provided for in Section 6-2-74. (f) For Art Shops, Personal Service Establishments, indoor amusement and recreational gaming enterprise, and the Augusta Convention and Visitors Bureau to be eligible to apply for an ‘incidental on –premise consumption alcohol license’ it must have a permanent physical location; be a public place kept, used, maintained, advertised and held out to the public as a place of business; and such place being provided with adequate and sanitary facilities as specified by the County Health Department. The serving of such on-premise consumption alcohol shall be incidental to the principal business conducted, and at no time can the sell of alcohol be the dominant activity within the business. The total revenue generated from the sell of alcohol under the ‘incidental on – premise consumption alcohol license’ must not exceed 25 percent of the business’s total annual gross sales of products and/or services at the business’s location. The Planning & Development Department staff, upon receiving an application for an ‘incidental on –premise consumption alcohol license’ shall inspect the business to determine if the applicant is meeting the intent of the above requirements and shall advise the Commission the determination of his/her inspection. (g) The licensee for an ‘incidental on –premise consumption alcohol license’ desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with (f) above shall file an affidavit with the Planning & Development Department, certifying under oath that such establishment, if an existing business, derived at least 75 percent of its total annual gross sales income from the sale of non-alcoholic products and/or services at the business’s location during the preceding calendar year or, if a new business, fully intends and expects to derive at least 75 percent of its total annual gross sales income from the sale of non-alcoholic products and/or services at the business’s location during the remainder of the current calendar year. Such an affidavit must be submitted annually with such business’s ‘incidental on –premise consumption alcohol license’ renewal application if it is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. h) The holder of an ‘incidental on - premise consumption alcohol license’ is not eligible to hold an Alcohol Catering License. Sec. 6-2-77. License for single event; occasional license. (a) Application may be made for an occasional, single event license for on-premises consumption of alcoholic beverages as follows: (1) For-profit applicant. If the applicant is an agent for a for-profit business, the applicant must possess a valid license for the sale of alcoholic beverages for on-premises consumption under this chapter. (2) Nonprofit applicant. An agent for a non-profit organization may apply for a single event license whether or not he/she possesses a license under this chapter. (3) Sunday Sales Single Event. Restaurants as defined in Section 6-2-52 with a current Alcohol License that are not otherwise licensed for Sunday sales, are allowed to apply for a single event Sunday sales license two (2) times in a calendar year. (3a) Sunday Sales Single Event for Bars - as defined in Section 6-2-2. In accordance with O.C.G.A. 3-3-7, Augusta Georgia Commission by adoption of a resolution may authorize the sale of alcoholic beverages for consumption on the premises from 12:30 P.M. until 12:00 Midnight on one Sunday during each calendar year that shall be designated in such resolution. 1. The sale of alcoholic beverages is authorized for consumption on-premises in bars on the designated Sunday between the hours of 12:30 P.M. until 12:00 Midnight; provided further that said premises shall be vacated of all persons, including employees, by no later than 1:30 A.M. Monday. (4) Advertisement. All persons, firms or corporations desiring to engage in the sale of alcoholic beverages for a single event shall give notice of their intention to make such application by advertisement in form prescribed by Augusta-Richmond County Director of Planning & Development. Advertising, as referred to in this section, means there shall be a sign posted thirty (30) days prior to the hearing of the application in a prominent position on the property (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) if the location is considered a new location, before applications are heard by the Commission. Advertising in the legal gazette shall be during the thirty-day period prior to the hearing of the application by the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the advertisement has been completed as required hereinabove. The above provisions regarding advertisement shall not apply to an application to sell alcoholic beverages in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta-Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as An Alcohol Beverage Location by Riverwalk Augusta (see Section 6-2-5), nor shall the above provisions regarding advertisement apply to events held by non-profit organizations or restaurants or bars applying for a single event Sunday sales license. (5) Form; information to be provided. Application for a single event license must be made in writing as provided in section 6-2-58 hereof; provided, however, that no plat shall be required, but the approximate distance of the premises for which the license is being applied from the nearest church, school, library, public recreation area, housing authority property, or alcohol treatment center shall be stated on the application. (6) Date due; fee. The application for a license hereunder shall be made at least one (1) month prior to the date of the scheduled event and / or in sufficient time to allow for advertisement, as required herein. For-Profit applicants and Non-Profit applicants shall pay a regulatory fee of one hundred dollars ($100.00) per day of the event by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission. A bar or restaurant shall pay a regulatory fee of two hundred fifty dollars to three hundred twenty-five dollars ($250.00 - $325.00) per Sunday Sales Single Event by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) (7) Occasional, single event. The event for which the occasional, single event license is sought by the For-Profit and Non-Profit applicants may not exceed seven (7) calendar days in duration and the licensee shall not be eligible for an occasional event license more frequently than once every three (3) months, except in any area in which no advertisement is necessary pursuant to Section (a) (4) above. A Sunday Sales Single Event restaurant licensee shall not be eligible for an occasional single event license more frequently than two (2) times in a calendar year. (8) Untrue or misleading information; material omissions. Any untrue or misleading information contained in, or material omission left out of, an application for a license hereunder shall be cause for the denial of the license; and, if any license has been granted under such circumstances, the license shall be subject to revocation. (9) Grounds for denial. In addition to the other grounds provided in this Ordinance for the denial of a license, an application for an occasional, single event license may be denied on one or more of the following grounds: a. The location or terrain for the proposed event may be hazardous to a person consuming alcoholic beverages. b. The number of anticipated attendants of the event renders the consumption of alcoholic beverages a danger to the safety of the public. c. The proposed location for the event is in an area in which numerous incidents requiring police intervention occurred. d. The applicant is not eligible for a license under this Ordinance pursuant to sections 6-2-61, 6-2-62 and/or 6-2-63. e. There is evidence from this or other jurisdictions that the activities combined with consumption of alcoholic beverages, may cause a danger to the safety of the attendants or the public. (10) Procedures. a. The Director of Planning & Development shall forward the application to the Recreation Department Director, if applicable, and then forward to the Richmond County Sheriff, who shall indicate his approval or disapproval of the application. The Sheriff may condition the approval of such application on the licensee's providing a sufficient number of security personnel for the protection of the public during the event. If approved, the application shall be forwarded back to the Planning & Development Department for processing as stated in 6-2-77(a) 4. b. For such applications from Non-Profit organizations, Sunday Sales Single Event Restaurant, Bar applicants and other license applications not considered a new location, the Director of Planning & Development Department with a written approval report from the Sheriff, and Recreation Department if applicable, shall grant the license. The Director of Planning & Development shall issue the license. The license shall be valid for the location, date(s) and time(s) specified therein only. c. If the Sheriff and / or Recreation Department if applicable, denies the application, the Director of Planning & Development shall promptly notify the applicant in writing of the reason(s) for the denial. (11) Appeal. An applicant may appeal the denial of a license under this subsection by filing written notice with the Augusta-Richmond County Commission Chief Administrative Officer within five (5) days of receiving notice of the denial. The Commission shall hear the evidence and make its determination at its next regularly scheduled meeting. Notice of the next scheduled meeting of the Commission shall be served on the applicant at least three (3) days prior to the meeting, unless the three-day period is waived by the applicant. The Commission shall receive evidence in the manner provided in section 6-2-74 herein and shall decide to uphold or reverse the decision of the Chairman-Mayor of Augusta-Richmond County. (b). Except as provided for in section (3a) (1) of this section, the sale of alcoholic beverages under a License for a Single Event is authorized for consumption on-premises between the hours of 11:00 a.m. and 1:00 a.m. on the next following day; provided further that said premises shall be vacated of all persons, including employees, by no later than 1:30 A.M. Commission Meeting Agenda 7/1/2021 2:00 PM Update from the Public Art Advisory Panel Department:Parks and Recreation Department Department:Parks and Recreation Department Caption: Update from Rebecca Rogers on the state of public art in Augusta. The update includes updates on current projects, as well as the requested information as to how the funding for the Augusta Sculpture Trail works and clarification on requests for future funding. Background:The Public Art Advisory Panel was created on November 8, 2016 through a memorandum of understanding between Augusta Georgia and the Greater Augusta Arts Council. Rebecca Rogers serves as Vice President of Public Art for the Greater Augusta Arts Council. Analysis: Financial Impact: Alternatives:Receive as information Recommendation:Receive as information Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Youth Water Safety Program Department: Department: Caption:Parks and Recreation possibility of sponsoring a Youth Water Safety Program to include swimming and rescue instruction. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGEN}I. ITEM REQUEST FORM Commission meetings: First and third Tuesdal,s of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/commiftee: (Please check one and insert meeting date) ,/ Com:n-ission Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting PubUc Safety Committee Public Sen ices Committee Administrative Services Committee Engineering Services Committee Finance Committee contact rnformation for trndividuavPresenter Making the Request: Name: (z Ff -./a tLC fi 7., ' " Zla, ' Address: Telephone Number: Fax Number: E-Mail Address: r/dtdt opic of Disc Please send this request form to Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 TeHair Street Augusta, GA 30901 the following address: Telephone Number: 706-821-1820 Fax Number: 706-821-1838 E-MaiIAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 9:00 a.m. or the Thursday preceding the Commission or Committee meeting of the following week. A five-minute time limit y.ill be allowed for presentations. Commission Meeting Agenda 7/1/2021 2:00 PM Choice Neighborhoods Application Certifications - Planning Grants and MOU Department:Administrator Department:Administrator Caption:Motion to approve the Choice Neighborhoods Application Certifications - Planning Grants and MOU. Augusta as the lead applicant is required to execute the attached documents and include them as a part of the full submission due July 9, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo OMB Approval No. 2577-0269 (exp.9/30/2021) Page 1 of 3 CHOICE NEIGHBORHOODS APPLICATION CERTIFICATIONS – PLANNING GRANTS The following are certifications to and agreements with the Department of Housing and Urban Development (HUD) required in connection with the Choice Neighborhoods Planning Grants application and implementation. 1. The public or assisted housing project targeted in this Choice Neighborhoods grant application meets the definition of severe distress in accordance with Section 24(j)(2) of the United States Housing Act of 1937 ("1937Act"). 2. The Lead Applicant and Co-Applicant (if any) have not received assistance from the Federal government, State, or unit of local government, or any agency or instrumentality, for the specific activities for which funding is requested in the Choice Neighborhoods application. 3. The Lead Applicant and Co-Applicant (if any) do not have any litigation pending which would preclude timely startup of activities. 4. The Lead Applicant and Co-Applicant (if any) are in full compliance with any desegregation or other court order related to Fair Housing (e.g., Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and Section 504 of the Rehabilitation Act of 1973) that affects the Lead Applicant’s and Co-Applicant’s (if any) public or assisted housing program and that is in effect on the date of application submission. 5. The Lead Applicant and Co-Applicant (if any) have returned any excess advances received during development or modernization, or amounts determined by HUD to constitute excess financing based on a HUD-approved Actual Development Cost Certificate (ADCC) or Actual Modernization Cost Certificate (AMCC), or other HUD contracts, or that HUD has approved a pay-back plan. 6. There are no environmental factors, such as sewer moratoriums, precluding development in the requested locality. 7. In accordance with the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), the property targeted for acquisition or construction (including rehabilitation) is not located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (a) The community in which the area is situated is participating in the National Flood Insurance program (see 44 CFR parts 59 through 79), or less than one year has passed since FEMA notification regarding such hazards; and (b) Where the community is participating in the National Flood Insurance Program, flood insurance is obtained as a condition of execution of a Grant Agreement and approval of any subsequent demolition or disposition application. 8. The application does not target properties in the Coastal Barrier Resources System, in accordance with the Coastal Barrier Resources Act (16 U.S.C. 3501). If selected for Choice Neighborhoods funding: 9. The Lead Applicant and Co-Applicant (if any) will ensure compliance with all policies, procedures, and requirements, including the Program Requirements provided in the NOFA, prescribed by HUD for the Choice Neighborhoods Program. OMB Approval No. 2577-0269 (exp.9/30/2021) Page 2 of 3 10. The Lead Applicant and Co-Applicant (of any), will ensure that Choice Neighborhoods grant activities are implemented in a timely, efficient, and economical manner. The Lead Applicant and Co-Applicant (of any), will ensure that all Choice Neighborhoods grant funds are expended by the statutory deadline in accordance with 31 U.S.C. § 1552. Any funds that are not expended by that date will be cancelled and recaptured by the Treasury, and thereafter will not be available for obligation or expenditure for any purpose. 11. The Lead Applicant and Co-Applicant (if any) will ensure assistance from the Federal government, State, or unit of local government, or any agency or instrumentality is not received for the specific activities funded by the Choice Neighborhoods grant. The Lead Applicant and Co-Applicant (if any) has established controls to ensure that any activity funded by the Choice Neighborhoods grant is not also funded by any other HUD program, thereby preventing duplicate funding of any activity. 12. The Lead Applicant and Co-Applicant (if any) will ensure that more assistance is not provided to any housing site or neighborhood under the Choice Neighborhoods grant than is necessary to provide for the planning of affordable housing and neighborhood transformation after taking into account other governmental assistance provided. 13. The Lead Applicant and Co-Applicant (if any) will ensure that the aggregate amount of the Choice Neighborhoods grant is supplemented with funds from sources other than Choice Neighborhoods in an amount not less than 5 percent of the amount of the Choice Neighborhoods grant in accordance with section 24(c)(1)(A) of the 1937 Act (42 U.S.C. 1437v(c)(1)(A)) and as incorporated in the NOFA. 14. The Lead Applicant and Co-Applicant (if any) will ensure compliance with: (a) The Fair Housing Act (42 U.S.C. 3601-19) and regulations at 24 CFR part 100; (b) The prohibitions against discrimination on the basis of disability under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations at 24 CFR part 8); (c) Title II of the Americans with Disabilities Act (42 U.S.C 12101 et seq.) and its implementing regulations at 28 CFR part 36; (d) The Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151) and regulations at 24 CFR part 40). 15. The Lead Applicant and Co-Applicant (if any) will ensure compliance with all Choice Neighborhoods requirements for reporting, providing access to records, and evaluation. Lead Applicant: Co-Applicant (if any): Name of Targeted Public and/or Assisted Housing Site(s): OMB Approval No. 2577-0269 (exp.9/30/2021) Page 3 of 3 I approve the submission of the Choice Neighborhoods application of which this document is a part and make the above certifications to and agreements with the Department of Housing and Urban Development (HUD) in connection with the application and implementation thereof: Name of Lead Applicant’s Executive Officer: Title: Signature: Date: Name of Co-Applicant’s (if any) Executive Officer: Title: Signature: Date: The following signature is applicable if the Lead Applicant or Co-Applicant is a Public Housing Authority. Acting on behalf of the Board of Commissioners of the Housing Authority listed below, as its Chairman, I approve the submission of the Choice Neighborhoods application of which this document is a part and make the above certifications to and agreements with the Department of Housing and Urban Development (HUD) in connection with the application and implementation thereof: Certified By: Board Chairman’s Name: Board Chairman’s Signature: Date: Warning: HUD will prosecute false claims and statements. Conviction may result in the imposition of criminal and civil penalties. (18 U.S.C. 1001, 1010, 1012, 32 U.S.C. 3729, 3802) MEMORANDUM OF UNDERSTANDING BETWEEN AUGUSTA, GEORGIA AND THE AUGUSTA HOUSING AUTHORITY REGARDING A JOINT APPLICATION FOR A CHOICE NEIGHBORHOODS PLANNING GRANT This Memorandum of Understanding (MOU) made and entered into this 28th day of June, 2021, by and between Augusta, Georgia, a political subdivision of the State of Georgia and a Consolidated Government (hereinafter referred to as “City”), and the Augusta Housing Authority (hereinafter referred to as “AHA”), is intended to demonstrate the parties commitment to work collaboratively in the development and implementation of a comprehensive neighborhood revitalization strategy (hereinafter referred to as “Transformation Plan”) for the Laney Walker Harrisburg Neighborhood (See Exhibit 1). WHEREAS, on May 12, 2021, the U.S. Department of Housing and Urban Development (“HUD”) issued the Choice Neighborhoods Planning Grants Notice of Funding Opportunity (NOFO) for Fiscal Year 2021. The Choice Neighborhoods program leverages significant public and private dollars to support locally driven strategies that addresses struggling neighborhoods with severely distressed public housing and/or HUD- assisted housing through a comprehensive approach to neighborhood transformation; and WHEREAS, the City has significant experience in neighborhood planning and plan implementation, with a long history of working with HUD programs such as the Laney-Walker Bethlehem Revitalization Project, which leveraged government bond finances against CDBG Home and NSP Grants to improve low-income neighborhoods in the City, the Permanent Supportive Housing Program and Emergency Solution Grants that have helped to improve the quality of life for communities within the City; and WHEREAS, the Choice Neighborhoods program addresses a number of the objectives outlined in the City’s 2008 Comprehensive Plan and its 2018 Comprehensive Plan, Envision Augusta, which includes affordable housing, access to jobs and services, open space, blight abatement, infill development, and preservation of local heritage; and WHEREAS, the very deliberate planning process leading to the Laney Walker/Bethlehem Revitalization Initiative, resulted in: a master plan and site plans for seven priority development areas; market studies assessing how best to attract a broad mix of residential and commercial users; layered financing; a policy framework; development and homebuyer incentives; collaborative community programs; a pattern book and green building guide to ensure that historic designs and sustainability principles inform new construction; and selection of private development partners to assist the city’s housing department with design, engineering, construction, marketing, and program development; and WHEREAS, the City, together with the Department of Housing and Community Development, has since constructed over 70 new, market rate, and affordable, housing units within the Laney Walker Harrisburg neighborhood; and WHEREAS, the City and the Augusta Land Bank Authority have continuing relations to acquire and repurpose vacant land especially for the development of affordable housing for low and moderate income households; and WHEREAS, the AHA is an innovative public housing authority, managing housing for approximately 5,519 households in the City, to include households utilizing Rental Choice Housing Vouchers and site-based assistance programs. Stakeholders such as the AHA’s residents and individuals in the neighborhoods, as well as the overall communities, were involved with the planning of these projects; and WHEREAS, the AHA is committed to receiving public input on any of its redevelopment plans and therefore solicits input from residents, advocates, neighborhood groups and other community stakeholders; and WHEREAS, the AHA’s HUD-approved 5-year Public Housing Authority Plan, its Annual Public Housing Plan and its Strategic Plan affirm its commitment to evaluate all of its properties for modernization, development, demolition and/or disposition, as well as prioritizing as to highest and best use; and WHEREAS, the AHA has experience developing and implementing a relocation plan for residents affected by the projects named above; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. PURPOSE The City and AHA have committed to work collaboratively throughout the entirety of the Planning Grant, to develop and implement a Transformation Plan. The term of the Planning Grant is two (2) years, 24-month project period and budget period, from the date of the Grant Agreement and execution. 2. SCOPE OF WORK The City shall serve as the Lead Applicant for the purposes of the Choice Neighborhoods Planning Grant application and AHA shall serve as Co-Applicant. The City and AHA will work jointly for the purpose of applying for FY 21 Choice Neighborhoods Planning Grants and in undertaking, or assisting in undertaking, required, eligible and early action activities as identified in the application for the Planning Grant. Required activities include: ensuring meaningful resident, community, and stakeholder participation throughout the development of the Transformation Plan; conducting a household-level needs assessment of the public and/or assisted housing residents in the target development(s) that assesses assets and needs related to housing, people and neighborhoods; devising a relocation strategy for target housing residents that need to be relocated during the rehabilitation or reconstruction of the project; selecting a master developer/housing developer that will implement the housing component of the Transformation Plan before the end of the grant term; and, completing a Phase I Environmental Site Assessment based on ASTM standards. Eligible activities include: conducting a comprehensive needs assessment to inform the preparation of the Transformation Plan; undertaking a comprehensive and integrated planning process that addresses the challenges and gaps in services and assets identified through the needs assessment; conducting technical planning studies concerning local development issues, priorities or suggested appropriate approaches; working with public and private agencies, organizations and individuals to develop a Transformation Plan; planning for the collection and strategic use of relevant data to track future community impacts once the Transformation Plan is implemented; and, identifying best practices based on the available evidence and promising approaches from other grantees and community development practitioners. Early action activities include having a market assessment conducted for the Allen Homes public housing property and the larger East Central planning area. 3. AUGUSTA, GEORGIA (“City”) RESPONSIBILITY In its role as Lead Applicant, the City shall have overall responsibility to administer and implement the Choice Neighborhood Planning grant if awarded by HUD. The City will be responsible for: a) submitting all pertinent documents and reports to HUD as required by the grant agreement; b) accessing funding through HUD’s Line of Credit Control system (LOCCS); and c) determining the adequacy of performance under project agreements and procurement contracts. The City will provide expertise in neighborhood planning and implementation, including analysis of, and coordination with, the Comprehensive Plan, and other relevant planning documents. The City will coordinate and execute the provision of necessary expertise from relevant City departments, e.g., Planning, Community Development, Public Works, Police, Parks and Recreation, and any other applicable departments for consultation and information sharing. The City will also engage in communication and coordination with community stakeholders within the planning process. The City will inform the AHA of plans and projects undertaken by the City that concern and impact the Choice Neighborhoods Planning Initiative. Finally, the City will review and analyze data gathered during the development of the plan as a necessary component of the Neighborhood Transformation Plan. 4. AUGUSTA HOUSING AUTHORITY (“AHA”) RESPONSIBILITY In its role as Co-Applicant, the AHA will support the City to ensure; a) that the planning project is carried out in substantial compliance with all HUD requirements (grant agreement), as set forth in the grant application; b) determine the adequacy of performance under project agreements and procurement contracts; and c) be a fully engaged partner in all aspects of the planning process. 5. MODIFICATION No waiver, alteration, modification or termination of this MOU shall be valid unless made in writing and signed by the authorized parties hereof. 6. TERMINATION This agreement shall terminate upon completion of all obligations of the parties, or after the twenty- four (24) month grant period of the Choice Neighborhoods Planning Grant, or in the event that the grant is not awarded to the City and the AHA, whichever comes first. This Agreement may be amended at any time in writing and by mutual consent of the parties. The Agreement may be cancelled by either party, upon sixty (60) days written notice delivered to the other party, except where the cancellation is for cause, i.e., a material and significant breach of the provisions of this agreement. 7. SIGNATORIES The Augusta Housing Authority By: Date: ________________ Jacob Oglesby, Executive Director Augusta, Georgia By: Date: _________________ Hardie Davis, Jr. as Mayor Attest: _______________________________________________ Lena Bonner, Clerk of Commission Evaluation Criteria Points 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 Pass/Fail PASS PASS PASS PASS 2. Experience & Qualifications 50 3. Timelines 10 4. Satisfaction of Current Clients - Reference 10 5. Availability for On-Site Coordination and Field Work 10 0 0 0 0 6. Presentation by Team 30 Lowest Fees 20 Second 12 Third 8 Forth 4 Fifth 2 Total Phase 2 - (Total Maximum Ranking 50) 0 0 0 0 0 0 0 0 Phase 1 Total - (Total Maximum Ranking 80) Vendors Phase 1 Professional Consulting Services for a Planning Coordinator for the HUD Choice Neighborhood Planning Grant for Augusta, GA RFP Date: Thursday, June 24, 2021 @ 3:00 p.m. via ZOOM Procurement DepartmentRepresentative:__________________________________________ Procurement Department Completion Date: Phase 2 (Option - Numbers 6) Internal Use Only Total Cumulative Score (Maximum point is 130) Evaluator: Date: Total (Total Possible Score 130) Total (May not Receive Less Than a 3 Ranking in Any Category 7. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals U.S. Department of Housing and Urban Development Public and Indian Housing FY21 Choice Neighborhoods Planning Grants NOFO FR-6500-N-38 07/13/2021 Page 1 of 60 Table of Contents Overview ......................................................................................................................................3 I. FUNDING OPPORTUNITY DESCRIPTION. ........................................................................3 A. Program Description. ..............................................................................................................3 B. Authority. ..............................................................................................................................13 II. Award Information. ...............................................................................................................14 A. Available Funds ....................................................................................................................14 B. Number of Awards. ...............................................................................................................14 C. Minimum/Maximum Award Information .............................................................................14 D. Period of Performance ...........................................................................................................14 E. Type of Funding Instrument. .................................................................................................14 III. Eligibility Information. ........................................................................................................14 A. Eligible Applicants. ...............................................................................................................14 B. Ineligible Applicants. ............................................................................................................17 C. Cost Sharing or Matching. .....................................................................................................17 D. Threshold Eligibility Requirements. .....................................................................................18 E. Statutory and Regulatory Requirements Affecting Eligibility. .............................................21 F. Program-Specific Requirements. ...........................................................................................21 G. Criteria for Beneficiaries. ......................................................................................................27 IV. Application and Submission Information. ...........................................................................27 A. Obtaining an Application Package. .......................................................................................27 B. Content and Form of Application Submission. .....................................................................28 C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number. ..........................................................................................................34 D. Application Submission Dates and Times. ...........................................................................35 E. Intergovernmental Review. ...................................................................................................38 F. Funding Restrictions. .............................................................................................................38 G. Other Submission Requirements. ..........................................................................................39 V. Application Review Information. ..........................................................................................40 A. Review Criteria. ....................................................................................................................40 B. Review and Selection Process. ..............................................................................................52 VI. Award Administration Information. ....................................................................................54 A. Award Notices. ......................................................................................................................54 Page 2 of 60 B. Statutory and Administrative, National and Department Requirements for HUD Recipients ....................................................................................................................................................55 C. Reporting. ..............................................................................................................................57 D. Debriefing. ............................................................................................................................58 VII. Agency Contact(s). .............................................................................................................58 VIII. Other Information. .............................................................................................................59 APPENDIX ................................................................................................................................60 Page 3 of 60 Program Office: Public and Indian Housing Funding Opportunity Title: FY21 Choice Neighborhoods Planning Grants NOFO Funding Opportunity Number: FR-6500-N-38 Primary CFDA Number: 14.892 Due Date for Applications: 07/13/2021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal. During the selection process HUD is prohibited from disclosing 1) information regarding any applicant’s relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance. For Further Information Regarding this NOFO: Please direct questions regarding the specific requirements of this Notice of Funding Opportunity (NOFO) to the office contact identified in Section VII. Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. Each NOFO will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320. OMB Approval Number(s): 2577-0269 I. FUNDING OPPORTUNITY DESCRIPTION. A. Program Description. 1. Purpose The Choice Neighborhoods program leverages significant public and private dollars to support locally driven strategies that address struggling neighborhoods with severely distressed public housing and/or HUD-assisted housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and other stakeholders, such as public housing agencies, Page 4 of 60 cities, schools, police, business owners, nonprofits, and private developers, come together to create and implement a plan that revitalizes distressed HUD housing and addresses the challenges in the surrounding neighborhood. The program helps communities transform neighborhoods by redeveloping severely distressed public and/or HUD-assisted housing and catalyzing critical improvements in the neighborhood. To this end, Choice Neighborhoods is focused on three core goals: 1. Housing: Replace severely distressed public and HUD-assisted housing with high- quality mixed-income housing that is well-managed and responsive to the needs of the surrounding neighborhood; 2. People: Improve outcomes of households living in the target housing related to income and employment, health, and education; and 3. Neighborhood: Create the conditions necessary for public and private investment in distressed neighborhoods to offer the kinds of amenities and assets, including safety, good schools, and commercial activity, that are important to families’ choices about their community. To achieve these core goals, successful applicants must develop and implement a comprehensive neighborhood revitalization strategy, or “Transformation Plan.” This Transformation Plan becomes the guiding document for the revitalization of the public and/or HUD-assisted housing units, while simultaneously directing the transformation of the surrounding neighborhood and creating positive outcomes for families. Experience shows that to successfully develop and implement the Transformation Plan, broad civic engagement is needed. Successful applicants need to work with public and private agencies, organizations (including philanthropic and civic organizations), banks and financial institutions, and individuals to gather and leverage the financial and human capital resources needed to support the sustainability of the plan. These efforts should build community support for and involvement in the development and implementation of the plan. Additionally, past revitalization efforts have demonstrated that even modest physical improvements and investment actions can help communities build momentum for change and transition from planning to implementation of that plan. These actions improve neighborhood confidence, sustain the community’s energy, attract further engagement, and help convince skeptical stakeholders that positive change is possible. Successful applicants should undertake such “doing while planning” projects during the grant period. Objectives and Metrics to Measure Long Term Success: Each Choice Neighborhoods grantee must develop a Transformation Plan that addresses the Housing, People, and Neighborhood objectives. Grantees are expected to develop performance metrics based on these objectives: Housing Objectives: Housing transformed with the assistance of Choice Neighborhoods should be: Page 5 of 60 1. Well-Managed and Financially Viable. Developments that have budgeted appropriately for the rental income that can be generated from the project and meet or exceed industry standards for quality management and maintenance of the property. 2. Mixed-Income. Housing affordable to families and individuals with a broad range of incomes including low-income, moderate-income, and market rate or unrestricted. 3. Energy Efficient, Climate Resistant, and Sustainable. Housing that has low per unit engery and water consumption and is built to be resistant to local disaster risk. 4. Accessible, Healthy, and Free from Discrimination. Housing that is well-designed, meets the requirements of accessible design and embraces concepts of visitability and universal design, has healthy indoor air quality, has affordable broadband Internet access, and is free from discrimination. People Objectives: Residents who live in the target and replacement housing before and after redevelopment benefit from: 1. Effective Education. A high level of resident access to high-quality early learning programs and services so children enter kindergarten ready to learn and quality schools and/or educational supports that ultimately prepare students to graduate from high school college- and/or career-ready. 2. Income and Employment Opportunities. The income of residents, particularly wage income for non-elderly/non-disabled adult residents, increases over time. 3. Quality Health Care. Residents have increased access to health services and have improved physical and mental health over time. 4. Housing Location, Quality, and Affordability. Residents of the target housing who, by their own choice, do not return to the development have housing and neighborhood opportunities as good as or better than the opportunities available to those who occupy the redeveloped site. Neighborhood Objectives: Through investments catalyzed by Choice Neighborhoods, the neighborhood enjoys improved: 1. Private and Public Investment in the Neighborhood. The neighboring housing has a very low vacancy/abandonment rate, the housing inventory is of high quality, and the neighborhood is mixed income and maintains a mixture of incomes over time. 2. Amenities. Basic services are located in or nearby the neighborhood. Basic services include grocery stores, banks, health clinics and doctors’ offices, dentist offices, public transit, and high-quality early learning programs and services. 3. Effective Public Schools: Public schools in the target neighborhood are safe and welcoming places for children and their families. In addition, schools have test scores that are as good as or better than the state average or are implementing school reforms that raise student achievement over time and graduate students from high school prepared for college and/or a career. 4. Safety: Residents are living in a safer environment as evidenced by the revitalized neighborhood having significantly lower crime rates than the neighborhood had prior to redevelopment and maintaining a lower crime rate over time. 2. Changes from Previous NOFO. Page 6 of 60 - The "Doing While Planning" rating factor now focuses on the applicant's proposed process for identifying such projects and is now worth up to 3 points (instead of 6 points). Points are redistributed to other rating factors under of Soundness of Approach. - Revised language in some rating factors to improve clarity. 3. Definitions. a. Standard Definitions Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant’s activities and programs relating to housing and urban development. Assistance Listings means a unique number assigned to identify a Federal Assistance Listing, formerly known as the CFDA Number. Federal Financial Assistance means assistance that entities received or administer in the form of: 1) Grant; 2. Cooperative agreements (which does not include a cooperative research and development agreement pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710a)); 3. Loans; 4. Loan guarantees; 5. Subsidies; 6. Insurance; 7. Food commodities; 8. Direct appropriations; 9. Assessed or voluntary contributions; or 10. Any other financial assistance transaction that authorizes the non-Federal entity's expenditure of Federal funds. b. Federal Financial Assistancedoes not include: 1. Technical assistance, which provides services in lieu of money; and 2. A transfer of title to federally owned property provided in lieu of money, even if the award is called a grant. Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz Page 7 of 60 point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424. Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 HUD’s requirements regarding the Consolidated Plan and related Action Plan). Contract means, for the purpose of Federal financial assistance, a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a Federal award. For additional information on contractor and subrecipient determinations see 2 CFR 200.331. Contractor means an entity that receives a contract as defined in 2 CFR 200.1. Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable.  Curable Deficiencies may be corrected by the applicant with timely action. To be curable the deficiency must:  Not be a threshold requirement, except for documentation of applicant eligibility;  Not influence how an applicant is ranked or scored versus other applicants; and  Be remedied within the time frame specified in the notice of deficiency.  Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline. Non-curable deficiencies are deficiencies that, if corrected, would change an applicant’s score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application’s score and final determination. DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. OMB removed duplicate recipients based on recipient Data Universal Number System (DUNS) numbers, from Dun & Bradstreet (D&B). At this time all Federal financial assistance recipients are required to register for DUNS numbers. E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-Biz POC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.) Page 8 of 60 Eligibility requirements are mandatory requirements for an application to be eligible for funding. Federal award, has the meaning, depending on the context, in either paragraph (1) or (2) of this definition: (1)(i) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR §200.101; or ii. The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass- through entity, as described in 2 CFR §200.101. 2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR §200.1, or the cost- reimbursement contract awarded under the Federal Acquisition Regulations. 3. Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs). 4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Grants.gov is the website serving as the Federal government’s central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO. Non-Federal Entity (NFE) means a state, local government, Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a Federal award as a recipient or subrecipient. Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment. Point of Contact (POC) is the person who may be contacted with questions about the application submitted by the AOR. The POC is listed in item 8F on the SF-424. Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community. Recipient means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award. Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation or regular-sized business. The definition of "small"—in terms of being able to apply for government support and qualify for preferential tax policy—varies by country and industry. The U.S. Small Business Page 9 of 60 Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title 13-Chapter I – Part 121} Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract. Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly for a Federal awarding agency. System for Award Management (SAM) means the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website athttps://www.sam.gov/SAM/. There is no cost to use SAM. Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility. Unique Entity Identifier means the identifier required for SAM registration to uniquely identify business entities. 4. Program Definitions For purposes of the Choice Neighborhoods program, the following definitions of key terms apply. As needed, other definitions relevant to specific thresholds and rating factors will be provided in those sections of the NOFO. Affordable Housing. The term “affordable housing” means, in the context of a Choice Neighborhoods Transformation Plan, housing funded by a Choice Neighborhoods Implementation grant for which the owner of the project/unit has recorded a HUD-approved affordability use restriction for occupancy by households earning up to 120 percent of Area Median Income (AMI) for no fewer than 20 years. Such housing is not considered replacement housing for the purposes of the one-for-one replacement requirement. Anchor Institutions. Anchor institutions are place-based entities with regional significance and are permanently-rooted economic or cultural drivers in specific locales that generate jobs, create local business opportunities, and contribute significantly to the development of human, social, and cultural capital. They include universities, hospitals, sports facilities, performing arts centers, and other major cultural facilities (such as museums and central libraries), and large corporations. Assisted Housing. In this NOFO, the term “assisted housing” (used interchangeably with “HUD-Assisted Housing”) means housing assisted under a Housing Assistance Payment (HAP) contract pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 42 U.S.C. 1437g) (excluding tenant-based vouchers and developments where fewer than 50 percent Page 10 of 60 of the units in a housing development receive project-based voucher assistance), section 221(d)(3) or section 236 of the National Housing Act (12 U.S.C. 1715l and 12 U.S.C. 1715z-1), or the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. 4101, et seq. (Indian Housing). In the case of Indian Housing, this includes only single family and duplex rental housing that is clustered in a development and multifamily rental housing projects in which at least 50 percent of the units are assisted. Co-Applicant. Co-Applicant means an entity with which the Lead Applicant chooses to apply for funding under this NOFO. A Co-Applicant must also be an Eligible Applicant. The Co- Applicant will also sign the Choice Neighborhoods Grant Agreement and be responsible for implementing the activities identified in the Transformation Plan, but will not directly receive access to funding through HUD’s Line of Credit Control System (LOCCS). A Co-Applicant is not required. Early Action Activities. The term “Early Action Activities” refers to limited, physical neighborhood improvements undertaken during the planning process. All grantees may use up to $150,000 of grant funds for these "doing while planning" projects that support the planning process through engaging the community, building capacity, fostering social cohesion, or otherwise reinforcing the planning process. They must also be responsive to the neighborhood's needs and must be used for physical community development or economic development projects that enhance and accelerate the transformation of the neighborhood. Early Action Activities funds are for physical improvements, and must not be used for non-physical uses, such as supportive services, administrative costs, and marketing. These funds must not be used for basic infrastructure or as a substitute for basic municipal services. Additionally, funds must not be used for housing development activities (including the public or HUD-assisted housing targeted in this application), such as acquisition, relocation, demolition and remediation, rehabilitation, or construction. These funds should be used for innovative solutions to neighborhood challenges and must be used for projects that can be completed within the first two years. Uses of funds are limited to: a. Reclaiming and recycling vacant property into community gardens, pocket parks, or farmers markets; b. Beautification, placemaking, and community arts projects, such as creative signage to enhance neighborhood branding, murals and sculptures, specialty streetscaping, or garden tool loan programs; c. Owner-occupied home or business façade improvement programs; d. Fresh food initiatives, such as farmers markets and mobile fresh food vendors; and e. Gap financing for economic development projects that are ready to implement and have secured all the necessary funding except for a modest gap. Families, Family. The term “families” has the meaning provided in section 3(b)(3)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a). In the case of tribal entities, the term "family" has the meaning provided in section 4(6) of the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. 4103(6). Lead Applicant. Lead Applicant means the primary entity responsible for implementing the activities identified in the application. The Lead Applicant must meet the qualifications of an Eligible Applicant. The Lead Applicant will sign the Grant Agreement and is the sole entity that will have access to HUD’s Line of Credit Control System (LOCCS) to draw down Choice Neighborhoods funding. Local Government. The term “local government” shall have the same meaning as “unit of Page 11 of 60 general local government” in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302): The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that, except as provided in section 5306(d)(4) of this title, is recognized by the Secretary; the District of Columbia. Neighborhood. The neighborhood is the geographic area within which the activities of the Transformation Plan shall take place. HUD understands neighborhood boundaries are not fixed like municipal or county boundaries. The Department also recognizes neighborhoods do not necessarily follow statistical boundaries, such as census tracts. For Choice Neighborhoods, HUD will rely on applicants to identify generally accepted boundaries for the target neighborhood. In many communities, typical neighborhood boundaries are delineated by major streets or physical topography. The neighborhood must be larger than just the footprint of the distressed public or HUD-Assisted Housing targeted in the application, but cannot encompass more than one municipal jurisdiction and is typically an area less than two miles wide. Neighborhood Assets. Neighborhood assets include the following main categories: a. Developmental assets that allow residents to attain the skills needed to be successful in all aspects of daily life (e.g., educational institutions, early learning centers, and health resources); b. Commercial assets that are associated with production, employment, transactions, and sales (e.g., labor force and retail establishments); c. Recreational assets that create value in a neighborhood beyond work and education (e.g., parks, open space, community gardens, athletics and arts organizations); d. Physical assets that are associated with the built environment and physical infrastructure (e.g., housing, commercial buildings, and roads); and e. Social assets that establish well-functioning social interactions (e.g., public safety and community engagement). Nonprofit Organization. Nonprofits eligible to be an applicant under this NOFO are entities classified as such in accordance with section 501(c) of the Internal Revenue Code or have been designated as such by their state government. A nonprofit organization can be organized for the following purposes: charitable, religious, educational, scientific, or other similar purposes in the public interest. To obtain tax-exempt status, qualified organizations must file an application with the Internal Revenue Service (IRS) and receive designation as such by the IRS. For more information, go to www.irs.gov. Entities in the process of applying for tax-exempt status, but have not yet received nonprofit designation from the IRS by the application deadline date, will not be considered an eligible applicant. All nonprofit applicants must submit either their IRS determination letter to prove their 501(c) status or the letter from the state government to prove their nonprofit status. Part I Violent Crimes. Part I Violent Crimes shall have the same meaning used by the United States Department of Justice Bureau of Justice Statistics and the Uniform Crime Report. Aggravated assault, rape, murder, and robbery are classified as Part I Violent Crimes. Physical Needs Assessment. A Physical Needs Assessment (PNA) for a housing project must be prepared by an independent registered engineer or architect that conducts a physical inspection of at least 10 percent of each dwelling unit set (i.e. a grouping of units within a building, which share characteristics, such as: number of bedrooms, number of full and half baths, ceiling height, and floor area) in order to ensure a representative sample of dwelling units Page 12 of 60 are assessed and at least 50 percent of the non-dwelling space (i.e., exteriors, envelopes, non- dwelling units, grounds, common space and systems). Generally, a PNA identifies all the work needed to bring the housing project up to the applicable building modernization and energy conservation standards. Typically, a PNA takes into account the life cycle replacement costs of the housing project’s entire inventory of capital items for a period of 20 years; however, for the purposes of the rating factors in this NOFO, HUD will only consider the cost of immediate needs for rehabilitation. Capital Needs Assessments, Project Capital Needs Assessments and Physical Condition Assessments are acceptable formats. Please note that HUD offers PHAs a free and standardized PNA format via our PNA Tool at: https://www.hud.gov/program_offices/public_indian_housing/programs/ph/capfund/gpnatool . Additionally, this website includes a user guide, instructions, and other informative PNA resources. PHAs can retrieve their PIC data in HUD's Energy and Performance Information Center (EPIC) PNA tab or via request at PHAPNA@hud.gov. Planning Coordinator. A Planning Coordinator is a person or entity separate from the Lead Applicant or Co-Applicant procured to help the grantee coordinate the planning process. The Planning Coordinator should have significant experience in leading comprehensive neighborhood planning processes that lead to implementation activities and improved outcomes as well as building the capacity of local entities. Examples of Planning Coordinators include but are not limited to community-based organizations, redevelopment authorities, and private or non-profit planning firms. The Planning Coordinator is not only a local partner/stakeholder, but also a single person/entity selected to assist the grantee in carrying out the grant activities and in increasing grantee capacity to carry out the grant activities. Having a Planning Coordinator is optional. Public Housing Agency. The term “public housing agency” has the meaning provided in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a). Public Housing. The term “public housing” refers to housing that receives funding under an Annual Contributions Contract (ACC) and in accordance with section 9 of the U.S. Housing Act of 1937. A public housing project is a group of such housing units that has a single Project Number assigned by the Director of Public Housing of a HUD Field Office and has, or had (in the case of previously demolished units), housing units under an ACC and in accordance with section 9 of the U.S. Housing Act of 1937. Applicants must be clear throughout their application as to the project they are targeting. Rental Assistance Demonstration (RAD). A HUD program that allows PHAs to convert public housing to project-based section 8 housing to facilitate additional debt and equity financing. More information about the RAD program can be found at www.hud.gov/rad. Replacement Housing. Replacement housing is rental housing that will replace demolished, disposed of, or otherwise reduced public or assisted housing. It must be assisted with funding under section 8 or 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f and 42 U.S.C. 1437g). With regard to section 8 housing, project-based vouchers (section 8o(13) of the U.S. Housing Act of 1937), and Project-Based Rental Assistance as provided in a RAD conversion are included in this definition, but tenant-based vouchers are excluded except as permitted by HUD. To satisfy the one-for-one replacement requirement through acquisition, the replacement unit must not have been receiving assistance prior to submitting the application under the sections listed above in this paragraph. Severely Distressed Housing. a. In accordance with section 24(j)(2) of the 1937 Act, the term means a public and/or assisted Page 13 of 60 housing project (or building in a project) that: (1) Requires major redesign, reconstruction, redevelopment, or partial or total demolition to correct serious deficiencies in the original design (including inappropriately high population density), deferred maintenance, physical deterioration or obsolescence of major systems, and other deficiencies in the physical plan of the project; (2) Is a significant contributing factor to the physical decline of, and disinvestment by public and private entities in, the surrounding neighborhood; (3) (a) is occupied predominantly by families who are very low-income families with children, have unemployed members, and are dependent on various forms of public assistance; (b) has high rates of vandalism and criminal activity (including drug-related criminal activity) in comparison to other housing in the area; or (c) is lacking in sufficient appropriate transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services, resulting in severe social distress in the project; (4) Cannot be revitalized through assistance under other programs, such as the Capital Fund and Operating Fund programs for public housing under the 1937 Act, or the programs under sections 9 or 14 of the 1937 Act (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998 (Pub. L. 105-276, approved October 21, 1998)), because of cost constraints and inadequacy of available amounts; and (5) In the case of an individual building that currently forms a portion of the public and/or assisted housing project targeted by the application to this NOFO: (a) Is sufficiently separable from the remainder of the project of which the building is part, such that the revitalization of the building is feasible; or (b) Was part of the targeted public and/or assisted housing project that has been legally vacated or demolished, but for which HUD has not yet provided replacement housing assistance (other than tenant-based assistance). “Replacement housing assistance” is defined as funds that have been furnished by HUD to perform major rehabilitation on, or reconstruction of, the public and/or assisted housing units that have been legally vacated or demolished. b. A severely distressed project that has been legally vacated or demolished (but for which HUD has not yet provided replacement housing assistance, other than tenant-based assistance) must have met the definition of physical distress not later than the day the demolition application approval letter was dated by HUD, or in the case of Indian Housing, not later than the day the tribal entity signed the written notification of demolition provided to HUD in accordance with 24 CFR 1000.134. Supportive Services. The term “supportive services” includes all activities that promote upward mobility, self-sufficiency, or improved quality of life, including such activities as literacy training, activities that promote early learning and the continuum of educational supports, remedial and continuing education, job training, financial literacy instruction, day care, youth services, aging-in-place, public transportation, physical and mental health services, economic development activities, and other programs for which the community demonstrates need. Transformation Plan. The Transformation Plan is a comprehensive neighborhood revitalization strategy proposal which, when implemented, will achieve the three core goals of Choice Neighborhoods (Housing, People, Neighborhood). Tribal Entities. This term means tribes, as defined in section 4(13) of NAHASDA, and Tribally Designated Housing Entities, as defined in section 4(22) of NAHASDA. Page 14 of 60 B. Authority. The funding authority for Choice Neighborhoods grants under this NOFO is provided by the Consolidated Appropriations Act, 2021 (Public Law 116-260, enacted December 27, 2020) (FY2021 Appropriations). The program authority for the Choice Neighborhoods Initiative is section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), as applied by the FY 2021 Appropriations. II. Award Information. A. Available Funds Funding of approximately $ 5,000,000 is available through this NOFO. Additional funds may become available for award under this NOFO, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFO. B. Number of Awards. HUD expects to make approximately 11 awards from the funds available under this NOFO. C. Minimum/Maximum Award Information Planning Grants awards may be up to $450,000. Estimated Total Funding: $ 5,000,000 Minimum Award Amount: $ 1 Per Project Period Maximum Award Amount: $ 450,000 Per Project Period D. Period of Performance The term of a Planning Grant is 2 years from the date of the Grant Agreement execution. Estimated Project Start Date: 12/01/2021 Estimated Project End Date: 12/01/2023 Length of Project Periods: 24-month project period and budget period Length of Periods Explanation of Other: E. Type of Funding Instrument. Funding Instrument Type: G (Grant) Page 15 of 60 III. Eligibility Information. A. Eligible Applicants. 01 (County governments) 02 (City or township governments) 07 (Native American tribal governments (Federally recognized)) 08 (Public housing authorities/Indian housing authorities) 12 (Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education) 25 (Others (see text field entitled "Additional Information on Eligibility" for clarification)) Additional Information on Eligibility Eligible applicants under this NOFO are Public Housing Agencies (PHAs), local governments, tribal entities, and nonprofits. Refer to the definitions in Section I.A.4 for the program definition of these terms. Key Eligibility Criteria. There are three key eligibility criteria for Choice Neighborhoods funding. In addition to the requirement that an applicant must be an eligible entity, the application must also demonstrate the proposal targets an eligible housing project located in an eligible neighborhood. 1. Eligible Applicants. PHAs, local governments, tribal entities, and nonprofits are eligible to apply. See Section I.A.4 for definitions of related terms. Additionally, the following criteria must be met, as relevant, in order to comply with this requirement: a. Troubled Status for PHAs. This applies to PHA applicants. If a PHA was designated as troubled by HUD pursuant to section 6(j)(2) of the 1937 Act on the most recently released Operational Troubled List, HUD will use documents and information available to it to determine whether that PHA qualifies as an eligible applicant. PHAs designated as troubled are strongly encouraged to consider partnering with another entity (such as a local government or a nonprofit) to serve as the Lead Applicant for this Choice Neighborhoods grant. In accordance with section 24(j) of the 1937 Act, a troubled PHA may still be eligible to apply if it: (1) Is designated as troubled principally for reasons that will not affect its capacity to carry out a revitalization program; (2) Is making substantial progress toward eliminating the deficiencies of the agency that resulted in its troubled status; (3) Has not been found to be in noncompliance with fair housing or other civil rights requirements; or (4) Is otherwise determined by HUD to be capable of carrying out a revitalization program. b. Certification for Multifamily Assisted Property Owners. If the Lead Applicant or Co- Applicant is the owner of the assisted property that is the subject of the Choice Neighborhoods grant, the Applicant is required to submit the Previous Participation Page 16 of 60 Certification form (HUD-2530). If the property owner listed has defaulted on a mortgage loan or has less than satisfactory review ratings (physical inspections, management and financial reviews), HUD will use documents and information available to it to determine whether the owner of the property qualifies as an eligible applicant. Approvals of entities that have defaulted or received unsatisfactory review ratings will be subjected to HUD’s Previous Participation clearance review process. Applicants may still be eligible to apply for Choice Neighborhoods funding if HUD deems the applicant to be making substantial progress in addressing the deficiencies related to such default or review rating. Multifamily assisted property owners with defaults or less than satisfactory review ratings are strongly encouraged to consider partnering with another entity (such as a local government or a nonprofit) to serve as the Lead Applicant for this Choice Neighborhoods grant. This requirement is not applicable to applications targeting public housing or Indian housing. c. Nonprofit Applicant. For a nonprofit to demonstrate eligibility as a Lead or Co- Applicant, either an Internal Revenue Service determination letter indicating the organization’s 501(c) status or the letter from the state government or tribe designating the organization’s nonprofit status must be submitted in the attachments. d. Co-Applicants. To demonstrate a Co-Applicant partnership, a Memorandum of Understanding (MOU) or Letter of Agreement must be provided, signed by the executive of each entity. The MOU or Letter of Agreement must demonstrate a commitment to work collaboratively throughout the entirety of the grant to develop a Transformation Plan and identify which party is the Lead Applicant. e. Applicants that are not the owner of the target housing project. If the owner of the target housing project is not the Lead Applicant or Co-Applicant for this grant, a letter from the owner indicating its support for the applicant's organization to submit this grant application and work collaboratively throughout the entirety of the grant must be included in this application. 2. Eligible Target Housing. Each application must focus on the revitalization of at least one severely distressed public and/or assisted housing project. Eligible target housing meets the following criteria: a. Is currently HUD "public housing" or "assisted housing" as defined in section I.A.4. b. If the project's occupancy is limited to "elderly" or "disabled" residents, it cannot be the only target housing project identified in this grant application. At least one target housing project must be available for general occupancy by families. For public housing projects, HUD will verify if the property has such a designation in PIC. For assisted housing, HUD will verify if such a designation is listed in the HAP contract or other HUD records. c. For public housing projects, the Actual Date of Full Availability (DOFA) date in PIC must be earlier than January 1, 1996. d. Severely distressed: The definition of severely distressed housing from section 24(j)(2) of the 1937 Act is included in Section I.A.4. Provide the Certification of Severe Physical Distress form (HUD-53232) and include it in the attachments section of the application. The certification must be signed and dated by an engineer or architect licensed by a state licensing board and dated no more than 12 months prior to the application due date. The license does not need to have been issued in the same state as Page 17 of 60 the severely distressed project. The engineer or architect must include his or her license number and state of registration on the certification. The engineer or architect may not be an employee of the Lead Applicant, Co-Applicant (if any), Planning Coordinator (if any), the project’s owner, the PHA (if applicable), or a unit of local government in which the housing is located. If this application targets more than one public and/or assisted housing project, each project must meet this definition of severely distressed and be listed on the certification form. 3. Eligible Neighborhood. An eligible neighborhood for Choice Neighborhoods grant funds is a neighborhood with at least 20 percent of the residents estimated to be in poverty or have extremely low incomes based on the most recent data collected by the U.S. Census Bureau. To meet this application requirement, the applicant must demonstrate compliance with the following criteria: a. The definition of “neighborhood” from Section I.A.4 applies. Note: HUD reserves the right to ask applicants to provide evidence that the target neighborhood boundary is generally accepted. Such evidence might include planning, community development or zoning maps that have been adopted by a public jurisdiction. b. For the purposes of establishing neighborhood eligibility and to assign points for certain rating factors, HUD has created a mapping tool that will overlay the locally defined neighborhood boundaries with data associated with that area and estimate the rates of certain indicators in that neighborhood using a proportional allocation methodology. HUD will calculate the poverty rate, extremely low-income rate, and residential vacancy rate for the target area as well as other measures of distress. For example, if census tracts are the smallest statistical boundary for the available data and the locally defined neighborhood is partially within two different census tracts, the poverty rate will be calculated based on the portion of the neighborhood housing units located in each tract. In this example, 80 percent of the housing units in the locally defined neighborhood are in a tract with a poverty rate of 40 percent and 20 percent of the units are in a tract with a poverty rate of 10 percent. The “neighborhood poverty rate” would be calculated as: (80% x 40%) + (20% x 10%) = 34%. The applicant must draw the boundaries of the target neighborhood using the mapping tool posted on the FY 2021 NOFO and Funding Information page at www.hud.gov/cn and provide the PDF report of the eligible neighborhood, as produced and emailed to the user by the mapping tool, in the attachments section of the application. HUD will not accept additional documentation and will make the final determination on compliance with the threshold. The neighborhood boundaries drawn via the CN Mapping Tool must match the neighborhood boundaries depicted on the maps provided in Attachment 21. B. Ineligible Applicants. 1. Individuals. 2. Any entity that does not meet the eligibility criteria listed above. C. Cost Sharing or Matching. This Program requires cost sharing or matching as described below. Page 18 of 60 Section 24(c)(1)(A) of the 1937 Act (42 U.S.C. 1437v(c)(1)(A) sets forth a requirement for matching funds for all grants made under section 24, which includes Choice Neighborhoods. Matching funds in the amount of at least five percent of the requested grant amount in cash or in-kind donations must be secured and used by the end of the grant term. HOPE VI program funding, including HOPE VI Revitalization, HOPE VI Demolition, HOPE VI Neighborhood Networks, HOPE VI Main Street grants, Choice Neighborhoods Implementation, or Choice Neighborhoods Planning Grants may NOT be considered match. Generally other federal sources are only allowed to be used as cost share or match if permitted by a program's authorizing statute. Grantees will be required to show evidence that matching resources were actually received and used for their intended purposes through quarterly reports as the project proceeds. Sources of matching funds may be substituted after grant award, as long as the dollar requirement is met. Grantees must pursue and enforce any commitment (including commitments for services) obtained from any public or private entity for any contribution or commitment to the project or surrounding area that was part of the match amount. D. Threshold Eligibility Requirements. Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated. 1. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before the application deadline. Applicants, who after review are confirmed to have civil rights matters unresolved at the application deadline, will be deemed ineligible. Their applications will receive no further review, will not be rated and ranked, and they will not receive funding. a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (1) – (5) that have not been resolved to HUD’s satisfaction before or on the application deadline date are ineligible for funding. Such matters include: 1. Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination because of race, color, religion, sex, national origin, disability or familial status; 2. Status as a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging a pattern or practice of discrimination or denial of rights to a group of persons raising an issue of general public importance under 42 U.S.C. 3614(a); 3. Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of 1974, the Americans with Disabilities Act or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affirmatively further fair housing; 4. Receipt of a letter of findings identifying systemic non-compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section Page 19 of 60 109 of the Housing and Community Development Act of 1974; or the Americans with Disabilities Act; or 5. Receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful source of income. b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter. Examples of actions that may be sufficient to resolve the matter include, but are not limited to: 1. Current compliance with a voluntary compliance agreement signed by all the parties; 2. Current compliance with a HUD-approved conciliation agreement signed by all the parties; 3. Current compliance with a conciliation agreement signed by all the parties and approved by the state governmental or local administrative agency with jurisdiction over the matter; 4. Current compliance with a consent order or consent decree; 5. Current compliance with a final judicial ruling or administrative ruling or decision; or 6. Dismissal of charges. 2. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFO that do not meet the requirements of the grace period policy will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times. 3. Choice Neighborhoods Application Certifications. The application must include the Choice Neighborhoods Application Certifications form for Planning Grants (HUD-53156) in the attachments. It must be signed by the Executive Office of the Lead Applicant and Co-Applicant (if any) (and the Chair of the PHA Board of Commissioners if the Lead Applicant or Co- Applicant is a PHA). By providing this certification, you are attesting you will meet the Match Requirement from Section III.C. 4. Number of Applications and Public and/or Assisted Housing Projects. (a) A Planning Coordinator may participate in a maximum of two applications under this NOFO. If this entity participates in more than two applications, all applications in which they are a participant will be deemed ineligible. (b) You may only submit one application per locality, defined as the area within the boundary of your local government, or in the case of a tribal entity, the boundary of your Indian area as defined in section 4(11) of the Native American Housing and Self-Determination Act of 1996. There is no limit to the number of public and/or assisted housing projects per application, so long as all are within the boundaries of the neighborhood. (c) If HUD receives electronically multiple versions of an application, HUD will review the last version of the application received by Grants.gov that meets the timely receipt requirements. All other applications (i.e., prior versions) will not be considered eligible. If applicants find, after submitting an application, that they want to amend or adjust their application and it is prior to the deadline date, applicants must resubmit the entire application to ensure that HUD gets a complete application. Page 20 of 60 5. Relation to Prior HOPE VI Revitalization Grants. Public housing projects previously funded through a HOPE VI Revitalization grant may not be the target public housing project of a Choice Neighborhoods grant application. However, they may be located within the Transformation Plan neighborhood. 6. Relation to American Recovery and Reinvestment Act (ARRA) Capital Fund Recovery Competition (CFRC) Grants. Public housing projects previously funded through an ARRA CFRC grant under Category 2 (Public Housing Transformation), Category 3 (Gap Financing for Projects that are Stalled Due to Financing Issues), or Category 4 Option 1 (Creation of Energy Efficient, Green Communities, Substantial Rehabilitation or New Construction) may not be the target public housing project of a Choice Neighborhoods grant application. However, such projects may be located within the Transformation Plan neighborhood. 7. Relation to Prior Choice Neighborhoods Grants. Public and/or assisted housing projects and the neighborhoods in which they are located previously funded through a Choice Neighborhoods Planning or Implementation Grant may not be the target housing and neighborhood of a Choice Neighborhoods application under this NOFO. In addition, applicants may not apply for both a FY 2021 Planning Grant and FY 2021 Implementation Grant for the same target housing and neighborhood. 8. Relation to Rental Assistance Demonstration (RAD) Applicants. PHAs that have applied for RAD, received a Commitment to enter into a Housing Assistance Payments Contract (CHAP) (either a Portfolio award that covers the property proposed or a Multiphase award) covering the property proposed, and are planning on demolition and new construction or major rehabilitation or reconstruction may apply for a Choice Neighborhoods Planning Grant provided they have not yet received a RAD Conversion Commitment (RCC) at the time of the application deadline for this NOFO. In the case where there is a Multiphase award, only units at the target housing site that are not included in an RCC can still be eligible. The Office of Recapitalization will offer flexibility with regard to the RAD milestones so that PHAs and their partners may take advantage of the Planning Grants. 9. Resident Involvement. In accordance with section 24(e)(2)(D) of the 1937 Act, applicants must involve affected residents at the beginning and during the planning process for the transformation program, prior to the submission of an application. Prior to the application deadline, an applicant must provide written notice to the residents of the target housing about the application for this Choice Neighborhoods Planning Grant. The notification must include a brief description of the proposed planning process, general timeline, the applicant’s contact information, and state that residents have the right to ask questions and provide comments. The applicant must consider these questions and comments when drafting the grant application. The notification must be delivered either by mail or personal delivery to each household (though it does not need to be sent via certified mail). While HUD encourages applicants to use multiple forms of communication to engage residents and other stakeholders, email messages, website and social media posts, etc. do not satisfy this threshold requirement. In seeking public participation, applicants must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communications-related disabilities Page 21 of 60 consistent with section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act. In addition, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Executive Order 13166 require that grantees take responsible steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency (LEP persons). To demonstrate compliance with this requirement, the application must include a copy of the notification delivered. E. Statutory and Regulatory Requirements Affecting Eligibility. Eligibility Requirements for Applicants of HUD’s Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD’s Funding Opportunities Page.  Active Prime and Sub Recipient registration with SAM.gov  Outstanding Delinquent Federal Debts  Debarments and/or Suspensions  Pre-selection Review of Performance  Sufficiency of Financial Management System  False Statements  Mandatory Disclosure Requirement  Prohibition Against Lobbying Activities  Equal Participation of Faith-Based Organizations in HUD Programs and Activities F. Program-Specific Requirements. 1. Choice Neighborhoods Program Activities. A Transformation Plan for the target neighborhood must include the required activities specified below. In addition, a Transformation Plan must include objectives, strategies, and program activities under the three core goals of Housing, People, and Neighborhood. Program activities proposed by the applicant must be eligible activities, as described below. a. Required Activities. (1) Ensure meaningful resident, community, and stakeholder participation throughout the development of the Transformation Plan. At a minimum, residents of the target housing should have representation on a steering committee and task forces. This also includes public hearings, meetings, websites, forums, charrettes, and other communication that will provide all aspects of the policy and development plans. Applicants must provide alternative options to neighborhood residents, local business owners and employees, and civic and community organization representatives in sufficient time for them to review, react, and make informed decisions on how proposed plans and policies will impact their daily lives. This involvement must be continuous from the beginning of the planning process through the entire grant term. Activities should prioritize ways to advance equity by engaging underserved populations and communities traditionally marginalized from planning processes, such as low-income individuals and families, limited English speakers, persons with disabilities, and the elderly. For assistance in ensuring meaningful access for individuals with limited English proficiency, grantees should consult HUD’s Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (HUD’s LEP Guidance) published in the Federal Register on January 22, 2007 (72 Fed. Reg. 2732). Additional information is also available at Page 22 of 60 www.hud.gov/program_offices/fair_housing_equal_opp/promotingfh/lep-faq. Pursuant to section 504 of the Rehabilitation Act of 1973, recipients of federal financial assistance must ensure effective communication for persons with disabilities (see 24 CFR 8.6). This includes employing accessible means of technology to ensure that persons with disabilities can access information on the planning process, plans, and other information. (2) Within the first 12 months of the Choice Neighborhoods grant, conduct a household-level needs assessment of the public and/or assisted housing residents in the target development(s) that assesses assets and needs related to the Housing, People, and Neighborhood goals to better design solutions for challenges facing the children and families of HUD housing. In addition, grantees must access, draw comparisons, and evaluate existing neighborhood and/or jurisdictional data from available sources (such as the census [including the American Community Survey (ACS)], police reports, healthcare agencies/providers, school performance reports, research surveys, etc.) to determine whether more comprehensive needs assessments are required at the neighborhood level. (3) Devise a relocation strategy for target housing residents that need to be relocated during the rehabilitation or reconstruction of the public and/or assisted housing, as well as policies to effectuate the required return preference for target housing residents to occupy the rehabilitated, reconstructed, or replaced housing. (4) If not already completed, have a market assessment conducted of the target neighborhood by an independent, third party professional during the grant period. The conclusions drawn from this study must inform the development of the Transformation Plan. (5) If not already identified, select the master developer/housing developer that will implement the housing component of the Transformation Plan before the end of the grant term. (6) Complete a Phase I Environmental Site Assessment based on ASTM standards of the target redevelopment site(s) to determine the potential for and extent of any needed environmental remediation, in order for a grantee to determine a feasible timeline and budget for the realization of redevelopment efforts. (7) Contact the State Historic Preservation Officer (SHPO) to determine the potential for negative effects of demolition on historic properties if the target housing contains buildings 45 years of age or older. b. Eligible Activities. Funding under this NOFO may be used for the following activities. Proposed activities must reflect local area conditions and the needs of the target neighborhood and must be consistent with the local land use and planning process. (1) Conduct comprehensive needs assessments to inform the preparation of the Transformation Plan. The needs assessments should include:  Current patterns of disinvestment within the neighborhood, including vacant/abandoned homes and businesses, the quality of the existing housing stock, foreclosures, and current home values and rents. Discuss other subsidized housing (e.g., Housing Choice Vouchers, LIHTC units, PBRA, state or locally subsidized affordable units) in the neighborhood that are not part of the target public and/or assisted housing project(s), the current mix of incomes, and any long-term economic factors for continued disinvestment that may be expected to continue, absent a publicly funded intervention;  The neighborhood’s access to key assets, such as quality grocery stores, banks, health clinics and doctors’ offices, schools, childcare facilities and early learning centers or programs, parks and recreational facilities, and public transit. Identify key neighborhood Page 23 of 60 anchor institutions, such as major employers, universities, or hospitals that can reliably be expected to continue to provide significant economic activity;  Relevant developmental and social assets in the target neighborhood as these assets relate to opportunities for resident education, employment, health, mobility and safety;  Challenges and gaps in neighborhood services and assets; and  Information from applicable fair housing planning (e.g. Analysis of Impediments to Fair Housing Choice, Assessment of Fair Housing, or other fair housing planning document) conducted by the local jurisdiction or public housing agency consistent with its obligation to affirmatively further fair housing, such as patterns of racial, national origin, and other demographic segregation or other fair housing issues in the neighborhood. (2) Undertake a comprehensive and integrated planning process that addresses the challenges and gaps in services and assets identified through the needs assessments and leads to a plan for implementation that has broad community support, in the areas of: (a) Housing. Adopt effective strategies to achieve the Housing goal. Such activities include but are not limited to:  studies of the different options for revitalization, including the feasibility, costs and neighborhood impact of such options and the need for affordable housing;  site planning and conceptual architectural design work that includes accessible design in accordance with applicable accessibility requirements, including but not limited to those under section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulation at 24 CFR part 8, the Fair Housing Act and HUD's implementing regulation at 24 CFR part 100, and the Americans with Disabilities Act and the government-wide regulations at 28 CFR parts 35 and 26;  designing a suitable replacement housing plan, in situations where partial or total demolition is considered;  designing a suitable mobility strategy and relocation plan;  conducting environmental or geotechnical studies of the target housing site; and  developing a viable financing plan to implement the Housing component of the plan. The plan should consider a range of viable financing plans which are not dependent on a Choice Neighborhoods Implementation Grant in particular. (b) People. Adopt effective strategies to achieve the People goal. Such activities include but are not limited to:  Planning for supportive services, particularly education, economic development, job training, self-sufficiency, fair housing counseling, financial literacy, and asset building activities for neighborhood and target housing families that help increase intergenerational mobility and improve employment, health, and education outcomes;  Planning for improving access to high-quality education programs and improved academic and developmental outcomes for children living in the target housing and in the neighborhood along the continuum of cradle-through-college-to-career solutions, including: Page 24 of 60 1. High-quality early learning programs and services that are comprehensive, inclusive, evidence-based and that result in significantly improved outcomes in physical well-being and motor development, social-emotional development, language and literacy development, and cognition and general knowledge, including early numeracy for children. 2. High-quality education programs, which may include evidence-based programs that increase learning time; high quality after-school, summer school, and other expanded learning-time programs designed to improve student outcomes; and evidence-based programs that prepare students for college and career success. 3. Ensuring access to existing high-quality schools or undertaking school improvements, such as significant improvements to the programs, policies and personnel of an elementary, middle/junior high and/or high school that are linked to improved academic outcomes or establishing a new high-quality school. (c) Neighborhood. Adopt effective strategies to achieve the Neighborhood goal. Such activities include but are not limited to: planning for neighborhood-level improvements across the range of Neighborhood Assets; aligning with existing planning processes and activities in the local jurisdiction and/or metropolitan area or county/parish; planning for neighborhood economic development activities; and partnering with the necessary agencies and organizations and developing a viable financing plan to implement the Neighborhood component of the plan. (3) Conduct technical planning studies concerning local development issues, priorities, or suggested appropriate approaches in the context of the local housing market relative to other alternatives. This could include new approaches to housing, economic development, or capital improvement programming. However, any such study should directly further the integration of strategies to develop a comprehensive neighborhood-level Transformation Plan. (4) Work with public and private agencies, organizations (including philanthropic organizations) and individuals to: develop a Transformation Plan that includes a governance strategy that will provide long-term accountability and secure commitments for long-term collaboration to ensure it will be implemented successfully; gather and leverage resources needed to support the financial sustainability of the Transformation Plan; identify strategies for building upon and leveraging existing neighborhood efforts and anticipated Federal, state, regional and local investments; and strengthen management and decision-making capacities of participating organizations. (5) Plan for the collection and strategic use of relevant data to track future community impacts once the Transformation Plan is implemented by employing statistical and qualitative analysis of specific metrics developed in partnership with the appropriate local, state, regional, and federal agencies/organizations. Such planning should focus on integrating data systems across agencies and/or negotiating data sharing agreements so that these data can be used for intervention targeting and improvement. (6) Identify best practices based on the available evidence and promising approaches from other grantees abd community development practioners. Such activities may include conducting site visits to communities that have already developed mixed-income housing and implemented neighborhood improvement strategies, researching evidence-based practices, or participating in a community of practice, which is a group of grantees that agrees to interact regularly to solve a persistent problem or improve practice in an area that is important to them and the success of their project, enabling grantees to meet, discuss and collaborate with each other regarding grantee projects. Page 25 of 60 (7) Early Action Activities, as defined in Section I.A.4 of this NOFO. Up to $150,000 of grant funds may be used for Early Action Activities. Specific Early Action Activities may be proposed in the application, as part of the submitted budget, or during the grant period, as a budget revision. These funds should be used for innovative solutions to neighborhood challenges and must be used for projects that can be completed within the first two years of this grant. c. Ineligible Activities. Ineligible activities for all grantees include: (1) Supportive services; (2) Incentives for recruitment into, participation in, or completion of any planning activities (e.g. gift cards provided to residents that complete a survey or needs assessment and meals provided at planning meetings); and (3) Housing development, including acquisition, relocation, demolition and remediation, rehabilitation, or construction. 2. Choice Neighborhoods Program Requirements. For all successful applicants this section contains Choice Neighborhoods program requirements, administrative and national policy requirements, and other program priorities that Planning Grantees must consider as they develop their Transformation Plan. Successful applicants must review this section and ensure they comply with the requirements, as relevant. a. Right to Return for Tenants. An accepted Transformation Plan shall demonstrate that each tenant who wishes to return to the on-site or off-site replacement housing may return if the tenant was lease-compliant at the time of relocation and continued to remain lease-compliant during the relocation period. A returning tenant shall be provided the highest level preference for occupancy of replacement units (either on-site or off-site) before such units are made available to any other eligible households. Accordingly, the Housing plan must provide an adequate number of replacement housing units that can be occupied by households with incomes up to 80 percent AMI (e.g. units that are not limited by another funding source such as LIHTC equity that has a lower income limit). The tenant also has the option to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937 for relocation from the properties revitalized under this NOFO. This preference remains available until the initial lease-up of the new units. b. One-for-One Replacement of Public and/or Assisted Housing Units. Since a Planning Grant award does not provide funding for redevelopment of the target housing project, the award of a Planning Grant itselt does not trigger the one-for-one replacement requirement established in the Choice Neighborhoods Implemenation Grants NOFO. Nonetheless, the Transformation Plan created through a Planning Grant should provide for the one-for-one replacement of all target housing units as described below: (1) Public Housing Replacement Housing. For all public housing dwelling units still physically standing as of the application due date which will be demolished or disposed, the Transformation Plan must provide for the replacement of the same number of units. The number of bedrooms replaced may be greater or fewer than those still physically standing, so that the overall unit mix first meets the needs of the existing residents, then takes into account the needs of the residents on the waiting list and is aligned with the results of a recent housing market study. (2) Assisted Housing Replacement Housing. For all Assisted Housing units in the HAP contract as of the application due date which are to be demolished or disposed, the Transformation Plan must provide for one-for-one replacement in accordance with all HUD policies, procedures and requirements for project-based section 8 Housing Assistance Page 26 of 60 Payments (HAP) contracts. (3) Location. Replacement housing units shall be developed: (a) On-site (i.e., on the target housing site and/or in the target neighborhood being revitalized); and/or (b) Off-site (i.e., outside of the target neighborhood but within the metropolitan area up to 25 miles from the target housing site). If a Transformation Plan proposes to develop replacement housing outside the target neighborhood, such housing must: i. offer access to economic opportunities and public transportation and be accessible to social, recreational, educational, commercial, health facilities and services, and other municipal services and facilities that are comparable to those that will be provided in the target neighborhood; ii. be located neither in areas of minority concentration nor in areas with a poverty rate above 40 percent. A neighborhood of minority concentration is a census tract or other defined geographic area in which the percentage of residents who are racial or ethnic minorities is at least 20 percentage points higher than the percentage of minority residents in the Metropolitan Statistical Area (MSA) (or jurisdiction not in a MSA) as a whole. In MSAs (or jurisdictions not in MSAs) in which the majority of residents are racial or ethnic minorities, HUD will consider and rely on all relevant information to determine whether the neighborhood proposed for replacement housing will lead to the creation of more inclusive and integrated housing in opportunity-rich neighborhoods; and iii. meet the site and neighborhood standards listed in 24 CFR 905.602(d). (4) Types of Units. Please refer to the definition of Replacement Housing in Section I.A.4. Grantees targeting public housing projects are encouraged to plan to utilize Section 8 project-based rental assistance or Section 8 project-based vouchers, such as through a RAD conversion, in order to meet the one-for-one replacement requirement. (5) Tenant-based Housing Choice Vouchers as Replacement Housing. Up to half of the public housing and/or assisted housing dwelling units that are demolished or disposed of under the Transformation Plan may be replaced with tenant-based vouchers in housing markets where there is an adequate supply of affordable rental housing in areas of low poverty. Please note this exception does not supersede an entity’s obligation to comply with other one-for-one replacement requirements associated with other funding sources (e.g., the Rental Assistance Demonstration, section 104(d) of the Housing and Community Development Act, etc.). (a) To be eligible for this exception to the hard-unit one-for-one replacement criteria, the area of the Choice Neighborhoods development must meet both of the following criteria. HUD provides this data as part of the report generated from the Choice Neighborhoods mapping tool. i. Be located in a county/parish with a currently and historically soft rental housing market for low-income renters. ii. Be located in a Core Based Statistical Area (CBSA) or non-CBSA County/Parish where vouchers currently in use are primarily in lower poverty neighborhoods. (b) Planning Grantees that would qualify for this exception may devise a Transformation Plan under this grant in accordance with the exception. However, an application for a Choice Neighborhoods Implementation Grant must comply with the requirements set forth in that NOFO. c. Sustainable Development. Transformation Plans must incorporate sustainable development practices. The plan must address key Livability Principles Page 27 of 60 (https://www.hud.gov/program_offices/economic_development/Six_Livability_Principles) adopted by HUD and its federal partners, including but not limited to supporting compact development and proximity to and increased availability of transportation choices, amenities, services and employment opportunities. Grantees must include key stakeholders, agencies and experts in addressing these principles during the planning process, and identify how the plan applies the Livability Principles to its project, and how outcomes will be measured. The plan should also maximize energy efficiency and water saving techniques and practices and improve the health of residents by adopting green building practices or standards to the extent feasible and affordable, including but not limited to incorporating renewable energy systems and proper ventilation. d. Energy Efficiency and Green Building Standards. Recognizing the fundamental role that HUD’s investments play in defining the physical form of communities and quality of life for residents, Planning Grant recipients must design their Transformation Plan to achieve certification by one of the recognized green rating programs for new construction or substantial rehabilitation (e.g. Enterprise Green Communities Initiative, the National Green Building Standards, or LEED New Construction) and become eligible to secure the LEED for Neighborhood Development designation from the United States Green Building Council of all or a portion of the neighborhood targeted in their Transformation Plan. e. Non-Fungibility for Moving To Work (MTW) PHAs. Funds awarded under this NOFO are not fungible under MTW agreements and must be accounted for separately, in accordance with the Choice Neighborhoods Planning Grant Agreement, OMB Administrative Requirements and Cost Principles set forth in 2 CFR part 200, and generally accepted accounting principles (GAAP). f. Design. HUD is seeking excellence in design. Grantees must carefully select architects and planners, and enlist local affiliates of national architectural and planning organizations such as the American Institute of Architects, the American Society of Landscape Architects, the American Planning Association, the Congress for the New Urbanism, and the department of architecture at a local college or university to assist in assessing qualifications of design professionals or in participating on a selection panel resulting in the procurement of excellent design services. Grantees must select a design team committed to a process in which all residents, including young people, individuals with disabilities, limited English proficient persons, seniors, the broader community, and other stakeholders participate in designing the new community. The proposed site plan, new or rehabilitated units, and other buildings must be designed to be compatible with and enrich the surrounding neighborhood. Local architecture and design elements and amenities should be incorporated into the new or rehabilitated homes so that the revitalized sites and structures will blend into and/or enhance the broader community. Site and building design must also incorporate accessibility standards. Housing, community facilities, and commercial space must be well integrated. Grantees must select members of their team who have the experience, training, and credentials to meet these requirements. G. Criteria for Beneficiaries. Not applicable for this NOFO. IV. Application and Submission Information. A. Obtaining an Application Package. Instructions for Applicants. You must download both the Application Instructions and the Application Package from Page 28 of 60 Grants.gov. You must verify that the Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO to which you are applying. The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFO and forms necessary for a complete application. The Instruction Download may include Microsoft Word, Microsoft Excel and additional documents. An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS Number is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written mailed, shipped, or emailed request at least 15 calendar days before the application deadline and if you do not demonstrate good cause. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFO. To request a waiver, you must contact: Name: Email: ChoiceNeighborhoods@hud.gov HUD Organization: Street: City: State: Zip: B. Content and Form of Application Submission. You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFO for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package. Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is non curable unless otherwise stated in Threshold requirements. 1. Content. Forms/Assurances/Certifications Submission Requirement Notes/Description Application for Federal Assistance (SF424) Submission is required for all applicants by the Page 29 of 60 Forms/Assurances/Certifications Submission Requirement Notes/Description application due date. Disclosure of Lobbying Activities (SFLLL), if applicable HUD will provide instructions to grantees on how the form is to be submitted. If any 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 commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award. HUD Applicant Recipient Disclosure Report (HUD) 2880 Applicant/Recipient Disclosure/Update Report HUD will provide instructions to grantees on how the form is to be submitted. HUD instructions to grantees are provided by webcast, To view the webcast, click here. Planning Grants Table of Contents (HUD-53150) All applicants must complete and submit this form. As this form is updated annually, make sure to use the FY21 version provided in the grants.gov application package download Key Eligibility Data form (HUD- 53152) All applicants must complete and submit this form. Please note there are multiple tabs in the Excel workbook. Certification of Severe Physical Distress (HUD-53232) All applicants must complete and Page 30 of 60 Forms/Assurances/Certifications Submission Requirement Notes/Description submit this form. Leverage documentation cover sheet (HUD-53154) All applicants must complete and submit this form. Please note there are multiple tabs in the Excel workbook. Choice Neighborhoods Planning Grant Application Certification (HUD-53156) Previous Participation Certification (HUD-2530) Certification of Consistency with the Consolidated Plan (HUD- 2991) OZ Certification (HUD-2996) The application will earn points where the target housing site is located in a census tract that has been designated as an Opportunity Zone. Promise Zone (HUD-50153) PZ Preference Points Additionally, your complete application must include the following narratives and non-form attachments. Instructions on Application Organization and Content. The following provides instructions on the organization and content of your application. It lists the narrative exhibits and attachments, and instructions for each, that are required as part of the application. All narrative exhibits, attachments, and forms are required to be submitted in your application unless otherwise indicated. Non-submission of any of the items below may lower your rating score or make you ineligible for award under this NOFO. Review the threshold requirements in Section III.D and the Review Criteria in Section V.A for the criteria and to ascertain the effects of non- submission. Please be advised that not providing information clearly and consistently, and/or not providing exhibits and attachments in accordance with the instructions and documentation requirements in this NOFO, may negatively impact HUD's ability to determine if your application meets threshold requirements or to score your application. Page 31 of 60 This could result in your application not being able to be scored and ranked or a lower score. Please also only submit documents that are required to respond to a threshold requirement and/or rating factor. HUD forms required by this NOFO will be made available at http://www.grants.gov/. The list of narrative exhibits and attachments, and instructions for each, are specified below: (1) Table of Contents. Use form provided (form HUD-53150). (2) Narrative Exhibits. The narrative exhibits required in your applications are as follows: Exhibit A Executive Summary. There are often many communities that meet the Choice Neighborhoods criteria for housing need and poverty. Please describe why this neighborhood was selected and what defining neighborhood characteristics (both needs and assets) led to its selection. In your response, please describe the target neighborhood's and target housing's challenges, the current image of the neighborhood (including positive and negative aspects), the Neighborhood Assets (as defined in this NOFO) on which your planning approach will build, and what you plan to use this grant to achieve. Include a profile of the neighborhood demographics in comparison to the city (or county/parish). Provide a brief overview of the neighborhood planning process and identify key partner organizations with which you will be working. Include preliminary observations on the neighborhood's market potential. Describe the basis of how the neighborhood boundaries were established. (Note: HUD reserves the right to ask applicants to provide evidence during the review process that the target neighborhood boundary is generally accepted.) (suggested 3 pages maximum) Exhibit B Requirements. Review and provide a narrative response, as necessary, to the Threshold Requirements in Section III.D. (suggested 1 page maximum) Exhibit C Capacity. Review and provide a narrative response to V.A.1.A (suggested 6 pages maximum) Exhibit D Need - Structural and Design Deficiencies. Review and provide a narrative response to V.A.1.B (suggested 2 pages maximum) Exhibit E Soundness of Approach. Review and provide a narrative response to V.A.1.C (suggested 15 pages maximum) Exhibit F Likelihood of Implementation - Alignment with Existing Efforts. Review and provide a narrative response to V.A.1.D.1 (suggested 1 page maximum) (3) Attachments. The attachments required in an application, unless otherwise noted, are listed below. Attachment 1. Key Eligibility Data Form. Complete the form provided (form HUD-53152). Provide backup documentation, as applicable, in the appropriate attachment identified below. Attachment 2. Eligible Applicants Documentation. Review and respond to the requirements in III.A.1, as applicable. i. Certification for Multifamily Assisted Property Owners. ii. Nonprofit applicant. iii. Co-Applicant MOU or Letter of Agreement. iv. Letter from housing project owner. Attachment 3. Eligible Target Housing Documentation - Severe Distress of Targeted Project Certification. Review and respond to the requirement in III.A.2 by completing the form provided (form HUD-53232). Attachment 4. Eligible Neighborhood Documentation - Eligible Neighborhood Data. Review and respond to the requirement in III.A.3 by providing the pdf received via email that contains data generated from the mapping tool provided on www.hud.gov/cn. Page 32 of 60 Attachment 5. Resident Involvement Documentation. Review and respond to the requirement in III.D.9 by providing the required resident notification documentation. Attachment 6. Documentation for Planning Partner or Planning Coordinator (if applicable). Review and respond to the rating factors in V.A.1.A.3 by providing the documentation required. Note: HUD will only review this documentation to determine if a formal relationship exists and not to evaluate the capacity of the planning partner. Attachment 7. Immediate Project Capital Needs. Review and respond to the rating factor in V.A.1.B.1.a by providing the documentation identified in that section. Attachment 8. Structural Deficiencies Documentation. Review and respond to the rating factor in V.A.1.B.1.b by providing the documentation identified in that section, as relevant. Include photographs as part of the documentation. Attachment 9. Design Deficiencies Documentation. Review and respond to the rating factor in V.A.1.B.1.c by providing the documentation identified in that section, as relevant. Include photographs as part of the documentation. Attachment 10. Substandard Housing Documentation. If applicable, review and respond to the rating factor in V.A.1.B.2.b by providing the documentation identified in that section. Attachment 11. Part I Violent Crimes Documentation. Review and respond to the rating factor in V.A.1.B.2.c by providing the documentation identified in that section. Tribal entities can choose to mark this section as 'N/A' for Not Applicable. Attachment 12. Evidence of Partnerships. Review and respond to the rating factor in V.A.1.C.5 by providing the documentation required under that section. Attachment 13. Staffing Plan. Review and respond to the rating factor in V.A.1.C.7. Attachment 14. Planning Schedule. Review and respond to the rating factor in V.A.1.C.8. Attachment 15. Budget. Review and respond to the rating factor in V.A.1.C.9. Attachment 16. Documentation to Support Consistency with Consolidated Plan and PHA/MTW Plan. Review and respond to the rating factors in V.A.1.C.10 and V.A.1.C.11 by providing the documentation required under those sections. Attachment 17. Alignment with Existing Efforts. Review and respond to the rating factor in V.A.1.D.1 by providing the documentation required under that section. Attachment 18. Evidence of Local Government Support and School District Support. Review and respond to the rating factors in V.A.1.D.2 and V.A.1.D.3 by providing the documentation required under those sections. Attachment 19. Leverage Documentation. Review and respond to the rating factor in V.A.1.E. Include the cover sheet provided (form HUD-53154). Attachment 20. Preference Points, if applicable. Review and respond to the rating factor in V.A.2 by providing the required documentation. Attachment 21: City and Neighborhood Maps. Provide city and neighborhood maps to- scale that clearly identify and label the target neighborhood, target housing, and other useful information to place the proposed project in the context of existing city streets, the central business district, other key city and neighborhood sites, census tracts, neighborhood assets, and other revitalization activity underway or planned. The City and Neighborhood Maps provide essential context for HUD reviewers, so it is essential that applicants provide a map that is readable and at a reasonable scale. The neighborhood map must show the same boundaries used to draw the neighborhood through the mapping tool that generated the eligible neighborhoods data required in Attachment 4. Attachment 22. Current Site Plan. Provide a Current Site Plan that shows and clearly labels Page 33 of 60 the target housing site's various buildings. Demolished buildings should be shown and labeled as such. Label all uses and buildings adjoining the existing development. Attachment 23. Photographs of the Target Housing and Neighborhood. Submit photographs of the targeted severely distressed housing and neighborhood that illustrate the extent of distress as well as reflect the existing assets. Attachment 24. Choice Neighborhoods Application Certifications. Review and respond to the requirement in III.D.3 by completing the form provided (form HUD-53156). Attachment 25. Standard Forms. These forms are incorporated into the grants.gov system and thus do not need to be uploaded separately. The Lead Applicant must be the signatory for these forms. 1. Application for Federal Assistance (SF-424). Applicants must include the nine-digit zip code (zip code plus four digits) associated with the applicant address in box 8d of the SF-424. The DUNS number used must have an active registration in SAM. 2. Certification Regarding Lobbying. All applicants except Federally recognized Indian tribes must submit this certification with their application. 3. Disclosure of Lobbying Activities (SF-LLL). If this form does not apply, indicate on the form (e.g., writing 'N/A') and submit it with your application. 4. Applicant/Recipient Disclosure/Update Report (form HUD-2880) 2. Format and Form. Narratives and other attachments to your application must follow the following format guidelines. 80 Pages maximum length of narratives Double spaced 12-point (minimum) Times Roman font on letter sized paper (8 1/2 x 11 inches) with at least 1-inch margins on all sides a. Application Layout. (1) The first part of an application is comprised of narrative exhibits. The narratives respond to requirements, rating factors, and other criteria in the NOFO, as indicated below. (2) The second part of an application is comprised of attachments. These documents also respond to the rating factors in the NOFO, as well as threshold and mandatory documentation requirements. They include documents such as maps, photographs, application data forms, and various certifications. (3) Any pages marked as sub-pages (e.g., with numbers and letters such as 25A, 25B, 25C), will be treated as separate pages; (4) If a section is not applicable, indicate 'N/A' as a clear indication to HUD (do not leave the section blank); (5) No more than one page of text may be placed on one sheet of paper (i.e., you may not shrink pages to get two or more on a page). Shrunken pages, or pages where a minimized/reduced font are used, will be counted as multiple pages; (6) Do not format the narrative exhibits in columns. Pages with text in columns will be counted as two pages; (7) Any tables included in the narrative exhibits of the application must also be double spaced or they will be counted twice. (8) All pages should be numbered. HUD recommends applicants consecutively number the pages of the Attachments section to ensure proper assembly of their application if printed. Page 34 of 60 b. Format and Title Instructions. Each narrative exhibit and attachment should be uploaded as its own separate file, with a title page based on the organization instruction in the section above. Do NOT upload application that has multiple exhibits or attachments in the same file. HUD will use title pages as tabs when it downloads the application. Each title page should only contain the name of the narrative exhibit or attachment (e.g.,“Exhibit A Executive Summary”) and the name of the Lead Applicant. WARNING: The file name should be less than 50 characters and not include spaces or special characters. Also, please note that Grants.gov is a system used by the entire Federal government and its structure does not necessarily reflect the Choice Neighborhoods NOFO (i.e. its attachment 1 does not explicitly mean the Choice Neighborhoods Attachment 1). Applicants should zip together the multiple attachment files (in one or more zip files, depending on the size) they have prepared in accordance with this NOFO and plug them into the slots provided by Grants.gov. c. Application Page Count. (1) Each Choice Neighborhoods application must contain no more than 80 pages. Any pages beyond this limit will not be reviewed. HUD will not consider the information on any excess pages, which may result in a lower score. (2) Exceptions to page limits. The documents listed below constitute the only exceptions and are not counted in the page limit listed above. Extraneous information not requested in the NOFO that is provided in these attachments will be counted toward the page limit.  Additional pages submitted at the request of HUD in response to a technical deficiency  Table of Contents  Eligible Applicants documentation (Attachment 2)  The report generated from the mapping tool received via email (Attachment 4)  Planning Partner or Planning Coordinator documentation (Attachment 6)  Evidence of Partnership letters (Attachment 12)  Documentation to support Consistency with Consolidated Plan and PHA/MTW Plan (Attachment 16)  Leverage documentation (Attachments 19)  Application Certifications and Standard forms (Attachments 24-25)  Tabs/title pages that are blank or display a title/header/'n/a' indication C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number. 1. SAM Registration Requirement. Applicants must be registered with https://www.sam.gov/ before submitting their application. Applicants must maintain current information in SAM on immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable. Information in SAM must be current for all times during which the applicant has an active Federal award or an application or plan under consideration by HUD. 2. DUNS Number Requirement. Applicants must provide a valid DUNS number, registered and active at https://www.sam.gov/ in the application. DUNS numbers may be obtained for free from Dun & Bradstreet. Page 35 of 60 3. Requirement to Register with Grants.gov. Anyone planning to submit applications on behalf of an organization must register at grants.gov and be approved by the E-Biz POC in SAM to submit applications for the organization. Registration for SAM and grants.gov is a multi-step process and can take four (4) weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through grants.gov. Complete registration instructions and guidance are provided on grants.gov. D. Application Submission Dates and Times. Application Due Date Explanation The application deadline is 11:59:59 PM Eastern Standard time on 07/13/2021 Applications must be received no later than the deadline, or, if HUD has issued you a waiver allowing you to submit your application in paper form, by HUD no later than the deadline. Submit your application to Grants.gov unless a waiver has been issued allowing you to submit your application in paper form. Instructions for submitting your paper application will be contained in the waiver of electronic submission. "Received by Grants.gov" means the applicant received a confirmation of receipt and an application tracking number from Grants.gov. Grants.gov then assigns an application tracking number and date-and timestamps each application upon successful receipt by the Grants.gov system. A submission attempt not resulting in confirmation of receipt and an application tracking number is not considered received by Grants.gov. Applications received by Grants.gov must be validated by Grants.gov to be received by HUD. "Validated by Grants.gov" means the application has been accepted and was not rejected with errors. You can track the status of your application by logging into Grants.gov, selecting "Applicants" from the top navigation, and selecting “Track my application” from the dropdown list. If the application status is "rejected with errors,” you must correct the error(s) and resubmit the application before the 24-hour grace period ends. Applications in “rejected with errors” status after the 24-hour grace period expires will not be received by HUD. Visit Grants.gov for a complete description of processing steps after applying. HUD strongly recommends you submit your applications at least 48 hours before the deadline and during regular business hours to allow enough time to correct errors or overcome other problems. Grants.gov Customer Support. Grants.gov provides customer support information on its website at https://www.grants.gov/web/grants/support.html . Applicants having difficulty accessing the application and instructions or having technical problems can receive customer support from Grants.gov by calling (800) 518-GRANTS (this is a toll-free number) or by sending an email to support@grants.gov. The customer support center is open 24 hours a day, seven days per week, except Federal holidays. The phone number above may also be reached by individuals who are deaf or hard of hearing, or who have speech disabilities, through the Federal Relay Service’s teletype service at 800-877-8339. Page 36 of 60 You can verify the contents of your submitted application to confirm Grants.gov received everything you intended to submit. To verify the contents of your submitted application:  Log in to Grants.gov.  Click the Check Application Status link, which appears under the Grant Applications heading in the Applicant Center page. This will take you to the Check Application Status page.  Enter search criteria and a date range to narrow your search results.  Click the Search button. To review your search results in Microsoft Excel, click the Export Data button.  Review the Status column, to view more detailed submission information, click the Details link in the Actions column.  To download the submitted application, click the Download link in the Actions column. Please make note of the Grants.gov tracking number as it will be needed by the Grants.gov Help Desk if you seek their assistance. HUD may extend the application deadline for any program if Grants.gov is offline or not available to applicants for at least 24 hours immediately prior to the deadline date, or the system is down for 24 hours or longer and impacts the ability of applicants to cure a submission deficiency within the grace period. HUD may also extend the application deadline upon request if there is a presidentially declared disaster in the applicant’s area. If these events occur, HUD will post a notice on its website establishing the new, extended deadline for the affected applicants. HUD will also include the fact of the extension in the program’s Notice of Funding Awards required to be published in the Federal Register. In determining whether to grant a request for an extension based on a presidentially-declared disaster, HUD will consider the totality of the circumstances including the date of an applicant’s extension request (how closely it followed the basis for the extension), whether other applicants in the geographic area are similarly affected by the disaster, and how quickly power or services are restored to enable the applicant to submit its application. PLEASE NOTE: Busy servers, slow processing, large file sizes, improper registration or password issues are not valid circumstances to extend the deadline dates or the grace period. 1. Amending or Resubmitting an Application. Before the submission deadline, you may amend a validated application through Grants.gov by resubmitting a revised application containing the new or changed material. The resubmitted application must be received and validated by Grants.gov by the applicable deadline. If HUD receives an original and a revised application for a single proposal, HUD will evaluate only the last submission received by Grants.gov before the deadline. 2. Grace Period for Grants.gov Submissions. Page 37 of 60 If your application is received by Grants.gov before the deadline, but is rejected with errors, you have a grace period of 24 hours after the application deadline to submit a corrected, received, and validated application through Grants.gov. The date and time stamp on the Grants.gov system determines the application receipt time. Any application submitted during the grace period not received and validated by Grants.gov will not be considered for funding. There is no grace period for paper applications. 3. Late Applications. An application received after the NOFO deadline date that does not meet the Grace Period requirements will be marked late and will not be received by HUD for funding consideration. Improper or expired registration and password issues are not causes that allow HUD to accept applications after the deadline. 4. Corrections to Deficient Applications. HUD will not consider information from applicants after the application deadline. HUD will uniformly notify applicants of each curable deficiency. See curable deficiency in the definitions section (Section I.A.3). Examples of curable (correctable) deficiencies include inconsistencies in the funding request and failure to submit required certifications. These examples are non-exhaustive. When HUD identifies a curable deficiency, HUD will notify the authorized organization representative identified on the SF 424 Application for Federal Assistance via email. This email is the official notification of a curable deficiency. Applicants must email corrections of curable deficiencies to applicationsupport@hud.gov within the time limits specified in the notification. The time allowed to correct deficiencies will be no less than 48 hours and no more than 14 calendar days from the date of the email notification. The start of the cure period will be the date stamp on the email sent from HUD. If the deficiency cure deadline date falls on a Saturday, Sunday, Federal holiday, or on a day when HUD’s Headquarters are closed, then the applicant’s correction must be received on the next business day HUD Headquarters offices in Washington, DC are open. The subject line of the email sent to applicationsupport@hud.gov must state: Technical Cure and include the Grants.gov application tracking number or the GrantSolutions application number (e.g., Subject: Technical Cure - GRANT123456 or Technical Cure - XXXXXXXXXXX). If this information is not included, HUD cannot match the response with the application under review and the application may be rejected due to the deficiency. Corrections to a paper application must be sent in accordance with and to the address indicated in the notification of deficiency. HUD will treat a paper application submitted in accordance with a waiver of electronic application containing the wrong DUNS number as having a curable deficiency. Failure to correct the deficiency and meet the requirement to have a DUNS number and active registration in SAM will render the application ineligible for funding. 5. Authoritative Versions of HUD NOFOs. The version of these NOFOs as posted on Page 38 of 60 Grants.gov are the official documents HUD uses to solicit applications. 6. Exemptions. Parties that believe the requirements of the NOFO would impose a substantial burden on the exercise of their religion should seek an exemption under the Religious Freedom Restoration Act (RFRA). E. Intergovernmental Review. This program is not subject to Executive Order 12372, Intergovernmental Review of Federal Programs. F. Funding Restrictions. 1. Statutory Time Limits. a. Required Obligation Date. Funds appropriated for the Choice Neighborhoods program for FY 2021 must be obligated by HUD on or before September 30, 2023. Any funds not obligated by that date will be recaptured by the Treasury and thereafter will not be available for obligation for any purpose. b. Required Expenditure Date. In accordance with 31 U.S.C. 1552, all FY 2021 Choice Neighborhoods funds must be expended by September 30, 2028. Any funds not expended by that date will be cancelled and recaptured by the Treasury and thereafter will not be available for expenditure for any purpose. HUD reserves the right to require an earlier expenditure deadline under a Grant Agreement. 2. Grant Sizing and Use of Grant Funds. The maximum award for a Planning Grant is $450,000. Of these funds, no more than $350,000 may be used to pay for costs of the planning process. Up to $150,000 may be used toward Early Action Activities. (Accordingly, at least $100,000 must be dedicated to Early Action Activities if requesting the maximum grant award.) 3. Cost Control Standards. a. Cost estimates must represent an economically viable preliminary plan for designing, planning, and carrying out the proposed activities, in accordance with local costs of labor, materials, and services. b. Projected soft costs must be reasonable and comparable to industry standards and in accordance with the applicable policy, statute and/or regulations. 4. Budget Deductions. HUD may delete any unallowable items from the proposed budget and may reduce the grant amount accordingly. HUD will not fund any portion of an application that: (a) is not eligible for funding under specific HUD program statutory or regulatory requirements; (b) does not meet the requirements of this notice; or (c) is duplicative of other funded programs or activities from prior year awards or other selected applicants. Only the eligible portions of an application (excluding duplicative portions) may be funded. 5. Grant Reduction or Recapture. If an application is selected for funding, and the grantee subsequently proposes to make significant changes to the planning process, compared to what was presented in this application, HUD reserves the right to amend the award and reduce the amount or recapture the grant. Further, if a grantee fails to propose approvable Early Action Activities, HUD may amend the award to reduce the amount and recapture a portion of the grant. 6. Withdrawal of Grant Amounts. In accordance with section 24(i) of the 1937 Act, if a grantee does not proceed within a reasonable timeframe, HUD reserves the right to withdraw any funds the grantee has not obligated under its award. HUD may redistribute any withdrawn Page 39 of 60 amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the Choice Neighborhoods plan of the original grantee. 7. Ineligible Use of Grant Funds a. Grantees may not use Choice Neighborhoods grant funds to pay for any activities carried out on or before the date of the letter announcing the award of the Choice Neighborhoods grant. b. Grantees may not use Choice Neighborhoods funds for the cost of Choice Neighborhoods grant application preparation. c. Grantees may not use Choice Neighborhoods grant funds for any Ineligible Activities. Indirect Cost Rate. Statutory or Regulatory Restrictions Apply – ONLY if a statute or regulation imposes restrictions that are different from the indirect cost rate requirements in 2 CFR 200, OR there has been a HUD-wide decision to prevent program offices from seeking an approved deviation from the negotiated rates under the conditions provided by 2CFR 200.414(c). In accordance with section 24 of the U.S. Housing Act of 1937, as amended, funding under this program may only be used for direct costs. Therefore, indirect costs are not permitted under this NOFO. G. Other Submission Requirements. 1. Application, Assurances and Certifications. Standard Form 424 (SF-424) Application for Federal Assistance Programs is the government- wide form required to apply for Application for Federal Assistance Programs, discretionary Federal grants and other forms of financial assistance programs. Applicants for this Federal assistance program must submit all required forms in the SF-424 Family of forms, including SF- 424B (Assurances of Non construction Programs) or SF424D (Assurances for Construction Programs).Applications receiving funds for both non-construction programs and construction programs must submit both the SF-424B and SF-424D. By signing the forms in the SF-424 either through electronic submission or in paper copy submission (for those granted a waiver), the applicant and the signing authorized organization representative affirm that they have reviewed the certifications and assurances associated with the application for Federal assistance and (1) are aware the submission of the SF-424 is an assertion that the relevant certifications and assurances are established and (2) acknowledge that the truthfulness of the certifications and assurances are material representations upon which HUD will rely when making an award to the applicant. If it is later determined the signing authorized organization representative to the application made a false certification or assurance, caused the submission of a false certification or assurance, or did not have the authority to make a legally binding commitment for the applicant, the applicant and the individual who signed the application may be subject to administrative, civil, or criminal action. Additionally, HUD may terminate the award to the applicant organization or pursue other available remedies. Each applicant is responsible for including the correct certifications and assurances with its application submission, including those applicable to all applicants, those applicable only to Federally recognized Indian tribes, or Alaska native villages and those applicable to applicants other than federally recognized Indian tribes or Alaska native villages. Page 40 of 60 Assurances. By submitting your application, you provide assurances that, if selected to receive an award, you will comply with U.S. statutory and public policy requirements, including, but not limited to civil rights requirements. Applicants and recipients are required to submit assurances of compliance with federal civil rights requirements. See, e.g., Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975; see also 24 C.F.R. §§ 1.5; 3.115; 8.50; and 146.25. HUD accepts these assurances in the form of the SF-424B and SF-424D, which also require compliance with all general federal nondiscrimination requirements in the administration of the grant. V. Application Review Information. A. Review Criteria. 1. Rating Factors. Rating Category Rating Factor Points Capacity Capacity to lead the planning process 10 Resident and community engagement 5 Capacity of the Planning Partner 5 subtotal 20 Need Unit Distress Immediate Project Capital Needs 3 Structural deficiencies 4 Design deficiencies 4 Neighborhood Distress Poverty/ELI (Neighborhood poverty) 6 Long-term vacancy or substandard homes 2 Part I violent crime 2 Need for Affordable Housing Need for affordable housing in the community 1 subtotal 22 Soundness of Approach Resident engagement 7 Community engagement 5 Assets and Needs assessment 5 Visioning and decision-making 4 Partnerships 6 Page 41 of 60 Doing while planning 3 Staffing plan 4 Planning schedule 2 Budget 2 Certification of Consistency with Consolidated Plan 1 Certification of Consistency with PHA/MTW Plan 1 subtotal 40 Likelihood of Implementation Alignment with existing efforts 5 Local government support 5 School district support 2 subtotal 12 Leverage Leverage for planning 6 subtotal 6 Preference Points Opportunity Zones, HBCUs, or Promise Zones 2 TOTAL 102 CAPACITY Maximum Points: 20 1. Capacity to Lead the Planning Process (10 points). This rating factor evaluates the organizational capacity, based on past experience of both the Lead Applicant and Co-Applicant (if applicable), to effectively lead and coordinate a comprehensive neighborhood planning process. What were the results of past neighborhood planning process(es), including physical neighborhood improvements, that you or your Co-Applicant led or coordinated? What is your and your Co-Applicant's experience with leading or coordinating partners in prioritizing strategies and creating a cohesive plan? How did you and your Co-Applicant effectively hold these parties accountable throughout the planning process and into the action phase? To demonstrate this past experience, the application must include specific examples that detail the Lead and Co-Applicant's extensive and successful experience in undertaking planning activities that support each of the three core goals of Housing, People, and Neighborhood. The description of the examples must include the start and end dates of when the activities occurred and should be within the past 10 years. Fewer points will be awarded for not responding to all questions, lack of detail, and/or lack of demonstrating capacity. HUD will also consider past performance in accordance with Section V.B.1 in its evaluation of this rating factor. 2. Resident and Community Engagement (5 points). This rating factor evaluates the extent to which the application demonstrates that the examples of past planning process(es) described above and were influenced by the community, including residents, faith-based institutions, local business owners, and other community organizations. Applicants should provide concrete examples of resident and community engagement and the results of that engagement. What is Page 42 of 60 the Lead or Co-Applicant's experience with conducting a comprehensive neighborhood-level or household-level asset and needs assessment? What is the Lead or Co-Applicant's experience leading a visioning process with residents and other community stakeholders? 3. Capacity of a Planning Partner (5 points). Successful planning processes frequently rely on the expertise of an additional planning partner. For purposes of this NOFO, HUD will consider the capacity of one planning partner - either an entity such as a local non-profit or philanthropy or a procured Planning Coordinator (defined in this NOFO). If there is no planning partner or Planning Coordinator that will assist in the planning process, then respond "N/A" and the capacity of the Lead and Co-Applicant as described in the Capacity to Lead the Planning Process rating factor will be assigned up to 15 points instead of up to 10 points. If there is a planning partner or Planning Coordinator, the application will earn points based on the entity's capacity to supplement the Lead and Co-Applicant's capacity to undertake a comprehensive planning process. Please clearly identify the partner to be evaluated and provide specific examples within the past 10 years that demonstrate entity's experience in conducting a asset and needs assessment; leading a visioning process with residents and stakeholders; leading partners in prioritizing strategies and creating a cohesive plan; and building the capacity of partners/clients in a prior planning process. For a partner to be considered under this rating factor, include in the attachments a signed letter or document from the partner indicating their commitment to help lead the planning process and help build your capacity to lead the planning process. If this partner is a Planning Coordinator, the Planning Coordinator's capacity will only be evaluated for this rating factor if you include documentation in your attachments that demonstrates you have procured the entity with either a binding contractual agreement in place or you have provided a selection letter to the Planning Coordinator and will enter into a binding contractual agreement. If the contract between the Lead Applicant and the Planning Coordinator has been executed, submit a copy of the contract. If the Lead Applicant has not executed the contract, submit a copy of the procurement selection letter from the Lead Applicant to the Planning Coordinator. The agreement must be between the Lead Applicant and the Planning Coordinator. The letter or contract must identify duties/tasks for which the Planning Coordinator will be responsible related to this grant and make clear that the agreement will last for the term of the grant. The documentation provided in the attachments will only be reviewed to determine the formal relationship exists and not to evaluate the capacity of the planning partner. Rather, the capacity of the planning partner will be evaluated based on the information provided in the narrative exhibit. HUD also will consider past performance in accordance with Section V.B.1 in its evaluation of this rating factor. Note: If an application includes a planning partner for this rating factor, the applicant will be required to secure HUD's approval, if funded, prior to dismissing and/or replacing the planning partner or effecting any material change to its roles and responsibilities. NEED Maximum Points: 22 1. Severe Physical Distress of the Target Housing. HUD will evaluate the extent of the severe physical distress of the public and/or assisted housing project(s) that are proposed for redevelopment as part of the Choice Neighborhoods grant. (a) Immediate Project Capital Needs (3 points). An application will be evaluated based on the estimated cost of immediate project capital needs as determined by a Physical Needs Assessment (PNA, as defined in this NOFO) that has been conducted within the last three years for the target public and/or assisted housing project(s). Provide a copy of the PNA's immediate Page 43 of 60 capital needs replacement schedule and the PNA's executive summary. The executive summary must be dated and on the letterhead of the entity that conducted it. It should provide a narrative explanation of the immediate replacement needs and costs noted in Year 1 of the housing project's PNA replacement schedule. These applicable PNA excerpts must show the Project's total estimated current costs of immediate project capital needs (not a multi-year life cycle projection) for the entirety of the target housing project(s). If the PNA was completed more than one year prior to the publication date of this NOFO, you must also include an update by the project's owner indicating which improvements identified in the PNA have been completed. HUD will then calculate the per unit cost as a percentage of the applicable Total Development Cost limit (TDC Limit), as defined at 24 CFR 905.314, in effect at the time this NOFO is published (posted on September 29, 2020), for a two-bedroom walkup unit. If this application is for more than one public and/or assisted housing project, a PNA excerpt must be submitted for each site and HUD will calculate a weighted average in order to award points. If the targeted units are public housing and HUD has already approved a Section 18 demolition of the targeted units, submit a copy of HUD's letter approving the demolition to receive full points. If the targeted units are Indian Housing that have been demolished, the application will receive full points if it contains a copy of the written notification of demolition provided to HUD in accordance with 24 CFR 1000.134. Zero points will be awarded if the documentation is not provided in accordance with the criteria stated above. If the required documentation is provided, points will be awarded based on the following table: Estimated Rehabilitation Needs as Percent of TDC Limit Points Awarded 60.00 percent and above 3 Between 45.00 and 59.99 percent 2 Between 35.00 and 44.99 percent 1 Less than 35.00 percent 0 (b) Structural Deficiencies (4 points). An application will be evaluated based on the extent to which it demonstrates significant deficiencies in the physical structural elements, building systems, and on-site infrastructure of the targeted public and/or assisted housing units such that significant rehabilitation or demolition is required. Examples of structural elements include roofs, foundations, and structural walls. Building systems include electrical, plumbing, heating and cooling, and mechanical systems. On-site infrastructure includes site work, sewer and storm drain laterals, or other on-site utilities. If the targeted units are public housing and HUD has already approved a Section 18 demolition of the targeted units, submit a copy of HUD's letter approving the demolition to receive full points. If the targeted units are Indian Housing that have been demolished, the application will receive full points if it contains a copy of the written notification of demolition provided to HUD in accordance with 24 CFR 1000.134. If this application is for more than one public and/or assisted housing project, descriptions must be submitted for each site and HUD will consider documentation provided for all properties. This may be demonstrated in an application through narrative description, additional physical inspection information, letters from relevant oversight agencies, and/or pictures in the attachments section. Fewer points may be awarded for descriptions that are inadequate and/or demonstrate less severe distress. Zero points will be awarded if the documentation does not demonstrate severe distress, the deficiencies are cosmetic or require routine repair/maintenance, Page 44 of 60 or does not provide adequate information to make HUD's rating of this factor possible. (c) Design Deficiencies (4 points). An application will be evaluated based on the extent to which it demonstrates that there are fundamental design deficiencies, of a type and character that require substantial rehabilitation or reconstruction to fully address, related to: (1) substantially inappropriate building design or site layout and street connectivity when compared to the surrounding neighborhood which may include inappropriate density; (2) inadequate room size and/or unit configurations to meet the needs of existing residents; (3) lack of defensible space related to building layout and orientation; (4) disproportionately high and adverse environmental health effects associated with ongoing residency; (5) physical inaccessibility for persons with disabilities with regard to individual dwelling units (e.g., fewer than five percent designated accessible mobility units and two percent designated accessible sensory units), entrances/entryways, and common areas; and (6) significant utility expenses (at least 30 percent higher than similar properties) caused by energy conservation deficiencies that may be documented by an energy audit. This may be demonstrated in an application through narrative description, additional physical inspection information, letters from relevant oversight agencies, and/or pictures in the attachments section. If this application is for more than one public and/or assisted housing project, descriptions should be submitted for each site and HUD will consider documentation provided for all properties. If the target housing has already been demolished, then the narrative must demonstrate design deficiencies at the time of demolition. The application will receive 4 points if it demonstrates fundamental design deficiencies, of a type and character that require substantial rehabilitation or reconstruction to fully address, in 3 or more of these deficiencies Fewer points will be awarded for applications that address fewer than 3 items, demonstrate less severe distress, and/or for responses that are inadequate. The application will receive 0 points if it does not address any of these items, does not demonstrate distress, or does not address this subfactor to an extent that makes HUD's rating of this subfactor possible. 2. Severe Distress of the Targeted Neighborhood. Choice Neighborhoods is intended to be a tool to help communities turn around the most distressed neighborhoods. HUD will evaluate the level of this neighborhood-wide distress by examining neighborhood poverty, Part I violent crime rates and vacancy rates. (a) Neighborhood Poverty (6 points). An application will be evaluated based on the concentration of households in poverty or with extremely low incomes (whichever is greater) residing within the target neighborhood. HUD will use the same data from the mapping tool as used for the Eligible Neighborhood requirement to assign points for this factor. Concentration of Households in Poverty or with Extremely Low Incomes Points Awarded 40.00 percent and above 6 Between 33.00 and 39.99 percent 4 Between 25.00 and 32.99 percent 2 Less than 25.00 percent 0 Page 45 of 60 (b) Long-term Vacancy or Substandard Homes (2 points). An application will be evaluated based on the current rate of long-term vacant properties or substandard homes within the target neighborhood. Only applicants targeting Indian housing may be evaluated based on substandard homes. i. An application will earn points for the higher of either the rate of vacant housing or the ratio of vacant housing in the neighborhood to the county/parish in accordance with the table below. HUD will use data from the mapping tool to determine the vacancy rate for this scoring criteria and the Eligible Neighborhood requirement. Current Long-Term Vacancy Rate in the Target Neighborhood Current Long-Term Vacancy Rate in the Neighborhood is X times the County/Parish Rate Points Awarded 14.00 percent and above 4.00 and above 2 Between 7.00 and 13.99 percent Between 2.00 and 3.99 1 Less than 7.00 percent Less than 2.00 0 ii. Alternatively, applications targeting Indian housing can be evaluated based on the percentage of occupied housing units lacking complete plumbing facilities, as indicated by the most recent data from the American Community Survey (ACS) for your neighborhood. If the rate is 8.00 percent or above, the application will earn 2 points. If the rate is between 4.00 and 7.99 percent, the application will earn 1 point. ACS data from census tracts that cover the majority of the neighborhood can be used to approximate neighborhood-level data (please indicate tracts). The application must include a photocopy/print out of published data including the relevant full page or pages from the original source, such as a printed publication or website, and the source must be identifiable on the photocopy/print out itself, for example through a header or footer identifying the publication or a website link in the attachments. (c) Part I Violent Crime Rate (2 points). An application will be evaluated based on the rate of Part I violent crimes for the precinct/PSA in which the target housing is located for the three years 2017-2019 (measured as Part I violent crimes per 1,000 persons). You must submit data for each of the three years, and preferably break out the number of incidences for each of the four classifications of Part I violent crimes, in the attachments as a letter of certification from the local law enforcement agency. Points will be awarded for the higher of the 3-year average for either the rate compared to the city/county/parish or the rate in accordance with the applicable table below. This rating factor does not apply to applicants who are tribal entities. Applications targeting Indian housing will automatically be awarded full points and do not need to submit the crime documentation listed above. Part I Violent Crime Rate - crimes per 1000 residents in precinct/PSA of Target Housing Part I Violent Crime Rate of precinct/PSA is X times the City/County/Parish Rate* Points Awarded 24.00 or more 2.25 or more 2 Between 19.00 and 23.99 Between 1.75 and 2.24 1 Less than 19.00 Less than 1.75 0 Page 46 of 60 *In non-metropolitan areas, if the Precinct/PSA is coterminous with the County/Parish, the applicant may compare its Part I violent crime rate to that of the state. Zero points will be awarded if the data are not for the time-period specified (calendar years 2017-2019), in the format required (i.e. shows each of the three years individually, indicates the number of incidents per 1,000 residents), or otherwise inadequate to make HUD's rating of this factor possible. 3. Need for Affordable Housing in the Community (1 point). An application will receive 1 point if the Choice Neighborhoods project is in a county/parish where the shortage of housing affordable to very low-income (VLI) renter households (0 to 50 percent AMI) is greater than the national rate using the most currently available census data. HUD will use data included in the mapping tool for this rating factor. The shortage rate is calculated as the number of VLI renter households divided by the number of rental units affordable and available to VLI households, where affordable and available equals units that: (1) have rents not exceeding 30 percent of 50 percent of AMI; and (2) are vacant or occupied by a VLI renter household. SOUNDNESS OF APPROACH Maximum Points: 40 This factor addresses the quality and feasibility of the proposed work plan and evaluates how well applicants have developed a sound and achievable strategy for leading a collaborative planning process that will develop a comprehensive Transformation Plan aligned with the three core goals of Choice Neighborhoods - Housing, People, and Neighborhood. 1. Resident Engagement (7 points). Points will be awarded based on the extent to which the application demonstrates how residents of the target housing will be meaningfully engaged in the planning process. How will you conduct continuing outreach to target housing residents and encourage a broad range of target housing residents to engage in the planning process? How will you ensure target housing residents influence the Transformation Plan, including the vision, priorities, and strategies? How will you build capacity among target housing residents to participate? What strategies will you employ to ensure effective communication for individuals with disabilities and provide meaningful access to limited English proficient persons? 2. Community Engagement (5 points). Points will be awarded based on the extent to which the application demonstrates how other neighborhood residents and community-based partners, including community organizations, faith-based institutions, anchor institutions, and local business owners, will be meaningfully engaged in the planning process. How will you conduct continuing outreach to these populations to engage them throughout the planning process? How will you ensure neighborhood residents and community-based partners influence the Transformation Plan, including the vision, priorities, and strategies? 3. Assets and Needs Assessment (5 points). Points will be awarded based on the quality of your plan to assess your community's unique needs and assets to influence the Transformation Plan. How will you identify: current needs and assets; what has and has not worked; the quality of existing services and amenities; and potential barriers and opportunities related to Housing, Neighborhood, and People? How will you conduct your household-level needs assessment and ensure a high rate of response? From which other partners and sources will you collect needs Page 47 of 60 assessment data and how will you do this? In what other ways will you capture open-ended information from residents and stakeholders to explore the meaning behind needs assessment results? 4. Visioning and Decision-Making (4 points). Points will be awarded based on the soundness of your approach to facilitate visioning and decision-making within the planning process. How will your process create, in partnership with residents and stakeholders, a shared vision for the neighborhood that is specific to the strengths and challenges of the neighborhood? How will you select shared goals that are measurable, and who will be involved in this process? How will you collectively prioritize among multiple, differing strategies to create a cohesive Transformation Plan, and who will be involved in this process? 5. Partnerships (6 points). Points will be awarded based on the breadth, quality, and depth of your partnerships as they relate to the neighborhood needs and their contribution to the planning process. Who are the partners that have committed to substantially contribute to the planning process to develop the Transformation Plan, including partners in the areas of housing, neighborhood, public safety, education, employment, and health? What will their roles be in the planning process and how will they substantially contribute to the Transformation Plan? With what partners have you not yet engaged but plan to, and what is your strategy for building these additional partnerships? In your attachments, please include unique, individual letters (not form letters) from your partners that indicate their support of the proposed planning process and describe their role in it (such as contribution of resources and expertise related to specific tasks and components of the planning process, leadership positions in working groups or committees, etc.). 6. Doing While Planning (3 points). 'Doing while planning' projects can increase confidence in the neighborhood, respond to community concerns in real time, and help convince skeptical stakeholders that positive change is possible. Such projects should be designed to foster community engagement, respond to community needs, and enhance the neighborhood. Successful applicants can choose to fund this project(s) through leveraged commitments and/or the Choice Neighborhoods Early Action Activities funds (as defined in this NOFO). 'Doing while planning' projects using Early Action Activities funds must be limited to the activities listed in this NOFO, whereas 'doing while planning' projects funded by leveraged commitments are not limited to this list. No matter what funding sources are used, the following projects will not be considered under this rating factor: supportive services, marketing, basic infrastructure, basic municipal services, housing development (e.g. demolition, construction, or rehabilitation), or relocation. Points will be awarded based on the proposed process for devising and selecting 'doing while planning' projects. 7. Staffing Plan (4 points). Applicants should have a detailed and feasible staffing plan for completing all of the proposed planning activities and positioning the plan well for implementation. The staffing plan should include an organizational chart that identifies the various organizations participating in the planning effort and shows their relationship to each other in the governance structure (e.g., decision makers, advisors, stakeholders, working groups). It should identify the principal staff positions and the percentage of their time that will be dedicated to the planning process, including a "project manager" responsible for the whole Page 48 of 60 grant, employed by the Lead Applicant or Co-Applicant, that will devote a significant amount of time to the planning process. It should also indicate which roles already have specific people named to them and which roles need to be filled. Provide a description of the staffing plan in the narrative exhibits and the organizational chart in the attachments. 8. Planning Schedule (2 points). Applicants should have a detailed and feasible schedule for completing all of the proposed planning activities within 24 months of the effective date of the Grant Agreement, including required activities listed in Section III.F.1.a, other eligible activities proposed as part of the planning process to develop the Transformation Plan, and doing while planning project(s). The schedule should identify each significant activity and milestone required for completing the planning process and should list the planned start and completion dates of all tasks. The application may include additional description of the schedule in the narrative exhibits. 9. Budget (2 points). Applicants should have a budget for the planning activities related to the grant, including required activities listed in Section III.F.1.a, other eligible activities proposed as part of the planning process to develop the Transformation Plan, and the proposed doing while planning project(s). As HUD recognizes Early Action Activities will be identified through the planning process, applicants may designate requested funds as a line item labeled, "Early Action Activities TBD." The budget will be evaluated based on the extent to which it shows projected sources and thoroughly estimates all applicable costs in a clear and coherent format, and the extent to which the projected sources are sufficient for the scope of the proposed planning process. Provide a detailed Sources and Uses statement that reflects all funding in the attachments. Include all anticipated funding sources (e.g. the CN grant, proposed match, proposed leverage, and other funding that is neither match/nor leverage) and identify each in a separate column from other funds. The application may include additional description of the budget in the narrative exhibits as needed to provide further detail on costs and/or restrictions associated with other sources. 10. Certification of Consistency with Consolidated Plan (1 point). An application will receive 1 point if the proposed planning process is consistent with the Consolidated Plan for the jurisdiction in which the target neighborhood is located. All applications must include the Certification of Consistency with the Consolidated Plan (form HUD-2991) in the attachments. Applications that target Indian housing will automatically be awarded 1 point and do not need to submit any documentation. 11. Certification of Consistency with PHA/MTW Plan (1 point). If the target housing includes public housing, an application will receive 1 point if the proposed planning process is consistent with the PHA Plan or MTW Plan. For such applications, include a letter signed by the PHA Executive Director or Board Chair certifying that the intention to plan for the redevelopment of the target housing site is included in the most recently approved PHA/MTW Plan. Applications that target assisted housing will automatically be awarded 1 point and do not need to submit any documentation. LIKELIHOOD OF IMPLEMENTATION Maximum Points: 12 These rating factors evaluate the extent to which each applicant demonstrates the planning process proposed in this application will build on or create sustainable momentum that persists Page 49 of 60 through implementation. 1. Alignment with Existing Efforts (5 points). An application will receive 5 points if the target housing and the surrounding neighborhood are located in an officially designated investment priority area (e.g., redevelopment area, Tax Increment Finance district, CDBG Neighborhood Revitalization Strategy Area, etc.). Tribal entities may receive full points if an Indian Community Development Block Grant has been secured for a project in the target neighborhood and that project is currently underway. An officially designated investment priority area is meant to show that the local government has designated this particular neighborhood, over other neighborhoods, as a priority for investment. All applicants must provide a copy of the relevant section from an official plan or a letter from the appropriate official in the attachments in order to demonstrate that the application meets the criteria under this rating factor. The documentation must describe what the designation means for the target neighborhood and how it relates to/will enhance the proposed Choice Neighborhoods planning process. It must also indicate under what authority the designation was made (e.g. by City Council ordinance), when the designation took effect, and if it has an end date or not. The boundaries of the investment priority area and target neighborhood must be substantially the same and contain the target housing project identified in this grant application. Zero points will be awarded if the required documentation is not provided or if the designation is only pending. 2. Local Government Support (5 points). An application will receive 5 points if it contains a letter signed by the chief executive officer or highest-ranking Housing/Community Development/Planning official of the local government of jurisdiction that indicates official support for this planning process and details how key staff will be actively engaged. This document must be submitted in the attachments. If the local government is Lead Applicant or Co-Applicant, this letter does not need to be provided and the application will automatically receive full points. Tribal entities will receive full points if the application contains a tribal resolution or its equivalent indicating support for this planning process. 3. School District Support (2 points). An application will receive 2 points if it contains a letter signed by either the superintendent of the local public school district or, if there is a K-12 public school in the neighborhood, the school principal that indicates support for this planning process and details how key staff will be actively engaged. This document must be submitted in the attachments. LEVERAGE Maximum Points: 6 HUD views leveraged commitments as an indicator of support in the community for this comprehensive neighborhood planning effort. These additional funds will also increase the effectiveness of the proposed grant activities. These rating factors evaluate the extent to which the application demonstrates that the Lead Applicant and Co-Applicant (if any) have secured financial commitments, in the form of cash, from other sources to carry out the activities proposed in this application, in accordance with the criteria below. 1. Program Requirements that Apply to Leverage. Applicants must follow these requirements in compiling and documenting leverage for purposes of the NOFO. Otherwise, it may not be possible for HUD to count the commitment at the level claimed. These general requirements apply to all leverage commitments. Page 50 of 60 (a) Firmly Committed. Funding must be firmly committed by an official of the committing organization with authority to make such a commitment as of the application deadline date. "Firmly committed" means that the funding amount and its dedication to Choice Neighborhoods planning activities is explicit. Endorsements or general letters of support from organizations or vendors alone will not count as resources and should not be included in the application. (b) Content. Leverage commitment documents supporting the planning process must indicate the dollar amount of the financial commitment as well as the element(s) of the Choice Neighborhoods planning process for which it is being committed. The commitment document must also explicitly state whether the funds are being committed to the Lead Applicant, Co- Applicant, or the planning partner identified in the rating factor for capacity (note: this excludes funds committed to a procured Planning Coordinator). (1) HUD will not accept funding commitments for supportive services, infrastructure, housing development (e.g. acquisition, rehabilitation, demolition, or construction), and relocation as these are ineligible activities under a Planning Grant. Cash commitments for physical projects will only be accepted if they are directly related to the "doing while planning" projects that are part of this grant application. (2) If a commitment document is for more than one activity, each should be indicated individually in the document rather than in one lump sum. (3) An example of a valid and accurate commitment: "XYZ Foundation commits to providing [the Planning Partner] with $50,000 to conduct the household level needs assessment of residents of ABC public housing development." (c) Signature. Funding commitments must be signed and dated by a person authorized to make the commitment. For example, the PHA's Executive Director cannot commit the funds of another agency, organization or government body (unless you can demonstrate otherwise in the application). (d) Letterhead. Commitment letters must be on letterhead or they will not be accepted. (e) If the commitment document is not included in the application and submitted before the application deadline date, it will not be considered. (f) Funds to pay the staff salary and benefits of the Lead Applicant and/or Co-Applicant are not an eligible leverage resource. (g) Sources of Leverage. Funding may come from a variety of sources, including any of the following: (1) Public, private, and nonprofit entities; (2) State and local housing finance agencies; (3) Local governments; (4) Tribal entities and Tribal organizations eligible under Title I of the Indian Self- Determination and Education Assistance Act; (5) Foundations; (6) Government Sponsored Enterprises such as the Federal Home Loan Bank, Fannie Mae, and Freddie Mac; (7) HUD and other federal agencies, provided the statutory language of the funding source allows the funds to be used for these purposes. Public Housing funds and other funding provided under the U.S. Housing Act of 1937, as amended, may not be used as match or leverage. Accordingly, if a PHA is providing a leverage commitment, the letter must clearly identify the source of funding of that commitment. In the case of HUD's Community Development Block Grant (CDBG) funds, the work activity must be included in the CDBG Page 51 of 60 recipient's annual action plan. Such plans may be amended to include the Choice Neighborhoods funded activity(ies); (8) Financial institutions, banks, or insurers; and (9) Other private funders. (h) Match. For purposes of this NOFO, "match" and "leverage" do not have the same meaning. As required by the section 24 statute, grantees must have a match of at least 5 percent by the end of the grant term. The match does not have to be secured at the time of the grant application. To encourage applicants to have funds committed from the outset, the grant application will earn points for having leveraged funds committed. Some funds claimed as leverage in the grant application may be used to meet the five percent match requirement (see Section III.C). 2. Rating. An application will earn points in accordance with the table below based on the amount of cash leverage commitments for the planning process (including Early Action Activities) relative to the amount of grant funds requested. Cash Leverage Commitments as Percent of Grant Funds Requested (MSA greater than 500,000) Cash Leverage Commitments as Percent of Grant Funds Requested (MSA 500,000 or less or targeting Indian housing) Points Awarded 70 percent and above 35 percent and above 6 Between 60.00 and 69.99 percent Between 30.0 and 34.99 percent 5 Between 50.00 and 59.99 percent Between 25.00 and 29.99 percent 4 Between 40.00 and 49.99 percent Between 20.00 and 24.99 percent 3 Between 25.00 and 39.99 percent Between 12.50 and 19.99 percent 2 Between 10.00 and 24.99 percent Between 5.00 and 12.49 percent 1 Below 10.00 percent Below 5.00 percent 0 2. Other Factors. This program does not offer points for Section 3. Preference Points HUD encourages activities in support of the Secretary's Initiatives. HUD may award no more than two (2) points for any of the three (3) preferences (OZ, PZ or HBCU). Each preference is worth two points and only one preference can apply to any situation, meaning that applicants will ONLY be awarded 2 points for being within an OZ, PZ or involving HBCUs. Opportunity Zones. Opportunity Zone (OZ) Certification: HUD encourages activities in Opportunity Zones. To receive two (2) points for this preference, applicants proposing projects in an Opportunity Zone community must submit the Certification for Opportunity Zone Preference Points (HUD-2996) that identifies the state, county and census tract(s) of the opportunity zone(s) in which the activity will be carried out. To view the list of designated Opportunity Zones, please see the following link on the U.S. Department of the Treasury website: Page 52 of 60 https://opportunityzones.hud.gov/ Applicants who do not complete this form and submit it along with the rest of their application package will not be eligible to receive the points. Additionally, applicants who do complete and submit this form, but indicate they intend to use less than 50% of the award within Opportunity Zone tracts, will also be ineligible to receive preference points, unless: a.) the applicant can show why they are unable to expend at least 50% of the grant award within Opportunity Zone designated tracts, or b.) the applicant is able to make a compelling case for why the amount that will be expended will have a significant impact within Opportunity Zone designated tracts. Click here to view HUD’s Opportunity Zones webpage. The application will earn points if any unit of the target housing site is located in a census tract that has been designated as an Opportunity Zone. HBCU. An applicant partnering with a Historically Black College or University (HBCU) will receive up to two (2) Preference Points when the application includes a Letter of Commitment certifying that an HBCU Partnership is in place and signed by an authorizing official of the HBCU and documentation of the college or university's status as an HBCU. Click here to view the list of accredited HBCU’s Promise Zones HUD encourages activities in Promise Zones (PZ). To receive Promise Zones Preference Points, applicants must submit form HUD-50153, “Certification of Consistency with Promise Zone Goals and Implementation,” signed by the Promise Zone Official authorized to certify the project meets the criteria to receive preference points. To view the list of designated Promise Zones and persons authorized to certify, please see the Promise Zone pages on HUD’s website. B. Review and Selection Process. 1. Past Performance In evaluating applications for funding, HUD will consider an applicant’s past performance in managing funds. Items HUD will consider include, but are not limited to: The ability to account for funds in compliance with applicable reporting and recordkeeping requirements; Timely use of funds received from HUD; Timely submission and quality of reports submitted to HUD; Meeting program requirements; Meeting performance targets as established in the grant agreement; The applicant's organizational capacity, including staffing structures and capabilities; Timely completion of activities and receipt and expenditure of promised matching or leveraged funds; Producing positive outcomes and results. Page 53 of 60 HUD may reduce scores based on the past performance review, as specified under V.A. Review Criteria. Whenever possible, HUD will obtain past performance information. If this review results in an adverse finding related to integrity of performance, HUD reserves the right to take any of the remedies provided in Section III E., Statutory and Regulatory Requirements Affecting Eligibility, "Pre-selection Review of Performance" document link above. 2. Assessing Applicant Risk. In evaluating risks posed by applicants, HUD may use a risk-based approach and may consider any items such as the following:  Financial stability;  Quality of management systems and ability to meet the management standards prescribed in this part;  History of performance. The applicant's record in managing Federal awards, if it is a prior recipient of Federal awards, including timeliness of compliance with applicable reporting requirements, failing to make significant progress in a timely manner, failing to meet planned activities in a timely manner, conformance to the terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded amounts will be expended prior to future awards;  Reports and findings from audits performed under Subpart F—Audit Requirements of this part or the reports and findings of any other available audits; and  The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities. HUD's selection process is designed to ensure that grants are awarded to eligible applicants that submit the most meritorious applications. HUD will consider the information submitted by the application deadline date. After the application deadline date, HUD cannot, consistent with its regulations in 24 CFR part 4, subpart B, consider any unsolicited information that the applicant or any third party may want to provide. HUD may verify information provided in the application as needed by accessing information in HUD systems (e.g. PIC, TRACS, etc.) or by sending a written request for clarification. Responses to such inquiries will be required within 2 business days. a. Application Screening. (1) HUD will screen each application to determine if the Key Eligibility Criteria in Section III.A are met (including screening for technical deficiencies). If it does not, the application will be deemed ineligible and will not receive further review. If yes, then HUD will screen the application to determine if it meets the other threshold criteria listed in Section III.D (including screening for technical deficiencies). (2) Corrections to Deficient Applications - Cure Period. In accordance with Section IV.D.4, corrections of technical deficiencies must be submitted within three business days of the date of the notification from HUD. Examples of curable (correctable) technical deficiencies include, but are not limited to, inconsistencies in the funding request, omissions on the Key Eligibility Data form, and failure to submit a signature and/or date on a certification. (3) Applications that will not be rated or ranked. HUD will not rate or rank applications that are deficient at the end of the cure period or that have not met the Threshold Requirements described in Section III.D. Such applications will not be eligible for funding. b. Preliminary Rating and Ranking. Reviewers will rate each eligible application based Page 54 of 60 SOLELY on the rating factors described in Section V.A and assign a preliminary score for each rating factor and total score. HUD will then rank applications in score order. c. Final Panel Review. A Final Review Panel will: (1) Review the Preliminary Rating and Ranking documentation to ensure any inconsistencies between preliminary reviewers are identified and rectified and to ensure the Preliminary Rating and Ranking documentation accurately reflects the contents of the application. (2) Assign a final score to each application and rank them in score order; and (3) Recommend for selection the most highly rated applications, subject to the amount of available funding. d. Selection Considerations: (1) Minimum scoring. If an application does not earn at least 50 percent of the points for each overall Rating Factor category in Need, Capacity and Soundness of Approach, HUD reserves the right not to award a grant for that application. (2) Tie Scores. If two or more applications have the same score and there are insufficient funds to select all of them, HUD will select the application(s) with the highest score for the overall Need Rating Factors. If a tie remains, HUD will select the application(s) with the highest score for the overall Soundness of Approach Rating Factors, then overall Capacity Rating Factors. e. Remaining Funds. HUD reserves the right to reallocate remaining funds from this NOFO to other eligible activities under section 24 of the 1937 Act, including Choice Neighborhoods Implementation Grants. If the total amount of funds requested by all applications found eligible for funding under this NOFO is less than the amount of funds available from this NOFO, all eligible applications will be funded in rank order and those funds in excess of the total requested amount will be considered remaining funds. If the total amount of funds requested by all applications found eligible for funding under this NOFO is greater than the amount of funds available from this NOFO, eligible applications will be funded until the amount of non-awarded funds is less than the amount required to feasibly fund the next eligible application. In this case, the funds that have not been awarded will be considered remaining funds. VI. Award Administration Information. A. Award Notices. Following the evaluation process, HUD will notify successful applicants of their selection for funding. HUD will also notify other applicants, whose applications were received by the deadline, but have not been chosen for award. Notifications will be sent by email to the person listed as the AOR in item 21 of the SF424. Negotiation. After HUD has made selections, HUD will negotiate specific terms of the funding agreement and budget with selected applicants. If HUD and a selected applicant do not successfully conclude negotiations in a timely manner, or a selected applicant fails to provide requested information, an award will not be made to that applicant. In this case, HUD may select another eligible applicant. HUD may impose special conditions on an award as provided under 2 CFR 200.208: • Based on HUD’s review of the applicant’s risk under 2 CFR 200.206; • When the applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award; Page 55 of 60 • When the applicant or recipient fails to meet expected performance goals contained in a Federal award; or • When the applicant or recipient is not otherwise responsible. Adjustments to Funding. To ensure the fair distribution of funds and enable the purposes or requirements of a specific program to be met, HUD reserves the right to fund less than the amount requested in an application. a. HUD will fund no portion of an application that: (1) Is not eligible for funding under applicable statutory or regulatory requirements; (2) Does not meet the requirements of this notice; or (3) Duplicates other funded programs or activities from prior year awards or other selected applicants. b.If funds are available after funding the highest-ranking application, HUD may fund all or part of another eligible fundable application. If an applicant turns down an award offer, or if HUD and an applicant do not successfully complete grant negotiations, HUD may withdraw the award offer and make an offer of funding to another eligible application. c. If funds remain after all selections have been made, remaining funds may be made available within the current FY for other competitions within the program area, or be held for future competitions, or be used as otherwise provided by authorizing statute or appropriation. d. If, after announcement of awards made under the current NOFO, additional funds become available either through the current appropriations, a supplemental appropriation, other appropriations or recapture of funds, HUD may use the additional funds to provide additional funding to an applicant awarded less than the requested amount of funds to make the full award, and/or to fund additional applicants that were eligible to receive an award but for which there were no funds available. Funding Errors. If HUD commits an error that when corrected would cause selection of an applicant during the funding round of a Program NOFO, HUD may select that applicant for funding, subject to the availability of funds. If funding is not available to award in the current fiscal year, HUD may make an award to this applicant during the next fiscal year, if funding is available then. Anticipated Announcement and Award Date. HUD anticipates announcing awards under this NOFO approximately four months after the application due date. Choice Neighborhoods Grant Agreement. If you are selected to receive a Choice Neighborhoods grant, HUD will send you a grant agreement, which constitutes the contract between you and HUD to carry out and fund Choice Neighborhoods Planning Grant activities. It is effective on the date of HUD’s signature. B. Statutory and Administrative, National and Department Requirements for HUD Recipients For this NOFO, the following Administrative, National and Department Policy Requirements and Terms for HUD Financial Assistance Awards apply. (Please select the linked text to read the detailed description of each applicable requirement). Page 56 of 60 1. Unless otherwise specified, these non-discrimination and equal opportunity authorities and other requirements apply to all NOFOs. Please read the following requirements carefully as the requirements are different among HUD's programs. • Compliance with Fair Housing and Civil Rights Laws, Which Encompass the Fair Housing Act and Related Authorities (cf. 24 CFR 5.105(a)). • Affirmatively Furthering Fair Housing. • Economic Opportunities for Low-and Very Low-income Persons (Section 3). See 24 CFR part 75. • Improving Access to Services for Persons with Limited English Proficiency (LEP) See https://www.hud.gov/program_offices/fair_housing_equal_opp/limited_english_proficiency. • Accessible Technology. See https://www.hud.gov/sites/dfiles/OCIO/documents/s508103017.pdf 2. Ensuring the Participation of Small Disadvantaged Business, and Women-Owned Business. 3. Equal Participation of Faith-Based Organizations in HUD Programs and Activities. 4. Uniform Relocation Act – Real Property Acquisition and Relocation Requirements. See 49 CFR part 24. 5. Participation in HUD-Sponsored Program Evaluation. 6. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 7. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.109-282) (Transparency Act), as amended. 8. Eminent Domain. 9. Accessibility for Persons with Disabilities. See https://www.hud.gov/program_offices/fair_housing_equal_opp/disability_overview 10. Conducting Business in Accordance with Ethical Standards/Code of Conduct. 11. Environmental Requirements, which include compliance with environmental justice requirements under Executive Order 12898. Compliance with 24 CFR part 50 or 58 procedures is explained below: (a) Applicability. All Choice Neighborhoods grantees must comply with applicable environmental requirements. Environmental reviews must be performed by the State or unit of general local government (Responsible Entity) under 24 CFR part 58, regardless of whether the grantee is a PHA. These regulations implement the policies of the National Environmental Policy Act (NEPA) and other environmental requirements. The Responsible Entity must determine whether each activity assisted under this NOFO is exempt or categorically excluded from NEPA and other environmental review requirements or requires further environmental review. While many planning activities assisted under the NOFO are exempt or categorically excluded from NEPA and other environmental review requirements, other activities, including some Early Action Activities, will require environmental review prior to implementation. When such an activity is proposed, no Choice Neighborhoods grant funds for that activity will be released until the environmental review is complete and HUD has approved a Request for Release of Funds from the Responsible Entity. Note the environmental review process may require compliance with other Federal laws and authorities, such as the National Historic Preservation Act of 1966, which also apply to Choice Neighborhoods activities, even some of those categorically excluded from NEPA review. (b) Responsibility. If the grantee objects to the Responsible Entity conducting the environmental Page 57 of 60 review, based on performance, timing, or compatibility of objectives, HUD will review the facts and determine who will perform the environmental review. At any time, HUD may reject the use of a responsible entity to conduct the environmental review in a case based on performance, timing, or compatibility of objectives, or in accordance with 24 CFR 58.77(d)(1). If a responsible entity objects to performing an environmental review, or if HUD determines that the responsible entity should not perform the environmental review, HUD may designate another responsible entity to conduct the review or may itself conduct the environmental review in accordance with the provisions of 24 CFR part 50. (c) Limitations on activities pending clearance. Unless an action is exempt or is categorically excluded and is not subject to other applicable environmental requirements, you, and any participant in the development process, may not undertake any actions with respect to the project that are choice-limiting or could have environmentally adverse effects, including demolishing, acquiring, rehabilitating, converting, leasing, repairing, or constructing property (i.e., “physical activities”) proposed to be assisted under this NOFO, and you, and any participant in the development process, may not commit or expend HUD or local funds for these activities, until (i) HUD has approved a Request for Release of Funds following a responsible entity’s environmental review under 24 CFR part 58, or (ii) HUD has completed an environmental review and given approval for the action under 24 CFR part 50. In addition, you must carry out any mitigating/remedial measures required by the responsible entity (or HUD), or select an alternate eligible property or site, if permitted by HUD. (d) Supporting Documentation. You must provide any reports and documentation needed to perform the environmental review to the responsible entity (or HUD, where applicable). Where HUD is conducting the environmental review, applicants should follow the documentation guidance as discussed in PIH Notice 2016-22 (Environmental Review Requirements for Public Housing Agencies, https://www.hud.gov/sites/documents/PIH2016-22 .PDF) or Chapter 9 of the MAP Guide. Guidance on environmental review is available on HUD’s environmental website: https://www.hudexchange.info/environmental-review/. 2 CFR 200.216 Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment 2 CFR 200.340 Termination Lead Based Paint Requirements. When providing housing assistance funding for purchase, lease, support services, operation, or work that may be disturb painted surfaces, of pre-1978 housing, you must comply with the lead- based paint evaluation and hazard reduction requirements of HUD's lead-based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead-based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)). When providing education or counseling on buying or renting housing that may include pre-1978 housing under your grant you must inform clients of their rights under the Lead Disclosure Rule (24 CFR part 35, subpart A), and, if the focus of the education or counseling is on rental or purchase of HUD-assisted pre-1978 housing, the Lead Safe Housing Rule (subparts B, R, and, as applicable, F - M). Page 58 of 60 C. Reporting. HUD requires recipients to submit performance and financial reports under OMB guidance and program instructions. 1. Recipient Integrity and Performance Matters. Applicants should be aware that if the total Federal share of your Federal award includes more than $ 500,000 over the period of performance, you may be subject to post award reporting requirements reflected in Appendix XII to Part 200-Award Term and Condition for Recipient Integrity and Performance Matters. 2. Race, Ethnicity and Other Data Reporting. HUD requires recipients that provide HUD- funded program benefits to individuals or families to report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of HUD programs in order to carry out the Department’s responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987. 4. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) as amended (FFATA). FFATA requires information on Federal awards be made available to the public via a single, searchable website, which is www.USASpending.gov. Accordingly, each award HUD makes under this NOFO will be subject to the requirements provided by the Award Term in Appendix A to 2 CFR Part 170, “REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION,” unless the Federal funding for the award (including funding that may be added through amendments) is not expected to equal or exceed $30,000. Requirements under this Award Term include filing subaward information in the Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS.gov) by the end of the month following the month in which the recipient awards any sub-grant equal to or greater than $30,000. Each applicant under this NOFO must have the necessary processes and systems in place to comply with this Award Term, in the event that they receive an award, unless an exception applies under 2 CFR 170.110. 5. Program-Specific Reporting Requirements Choice Neighborhoods Planning Grantees are required to submit a quarterly report detailing their progress with the planning process. D. Debriefing. For a period of at least 120 days, beginning 30 days after the public announcement of awards under this NOFO, HUD will provide a debriefing related to their application to requesting applicants. A request for debriefing must be made in writing or by email by the authorized organization representative whose signature appears on the SF-424 or by his or her successor in office and be submitted to the POC in Section VII Agency Contact(s), below. Information provided during a debriefing may include the final score the applicant received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which funding was approved or denied. Page 59 of 60 VII. Agency Contact(s). HUD staff will be available to provide clarification on the content of this NOFO. Questions regarding specific program requirements for this NOFO should be directed to the POC listed below. Name: Phone: Email: ChoiceNeighborhoods@hud.gov Persons with hearing or speech impairments may access this number via TTY by calling the toll- free Federal Relay Service at 800-877-8339. Please note that HUD staff cannot assist applicants in preparing their applications. VIII. Other Information. 1. National Environmental Policy Act. A Finding of No Significant Impact (FONSI) with respect to the environment has been made for this NOFO in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for inspection at HUD's Funding Opportunities web page. 2. Web Resources.  Affirmatively Furthering Fair Housing  Code of Conduct list  CFDA  Dun & Bradstreet  Equal Participation of Faith-Based Organizations  Federal Awardee Performance and Integrity Information System  FFATA Subaward Reporting System  Grants.gov  HBCUs  Healthy Homes Strategic Plan  Healthy Housing Reference Manual  HUD’s Strategic Plan  HUD Grants  Limited English Proficiency  NOFO Webcasts  Opportunity Zone  Procurement of Recovered Materials  Promise Zones  Section 3 Business Registry  State Point of Contact List  System for Award Management (SAM) Page 60 of 60  Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (URA)  USA Spending 3. Program Relevant Web Resources 4. Posting Application Information. After the selection process, HUD may post on-line certain summary and contact information from Choice Neighborhoods applications (e.g., the Executive Summary, neighborhood map, Lead Applicant contact information) in order to facilitate connections between eligible applicants (both those selected for grant funding and those who are not) and other entities (e.g., foundations, philanthropies) interested in supporting the project proposed in the application. APPENDIX Request for Proposal Request for Proposals will be received at this office until Thursday, June 24, 2021 @ 11:00 a.m. via ZOOM Meeting ID: 934 4186 4421; Passcode: 759382 for furnishing: RFP Item #21-295 Professional Consulting Services for a Planning Coordinator for the HUD Choice Neighborhood Planning Grant for Augusta, GA 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 (706-821-2422). 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 Tuesday, June 22, 2021 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after RFPs 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 RFP 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. 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 their 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 10, 17, 21, 2021 Metro Courier June 17, 2021 What is Choice Neighborhoods? Choice Neighborhoods (CNI) is a new HUD program that focuses on improving distressed neighborhoods around public housing and vacant housing in the community and investing in people and neighborhood assets. The three goals of the CNI program are: Housing – Replace distressed public and/or assisted housing with high quality mixed- income housing that is well-managed and responsive to the needs of the surrounding community. People – Improve educational and lifelong outcomes for youth with services and supports delivered directly to youth and their families. Neighborhood – Attract public and private reinvestment in distressed neighborhood to offer the kinds of amenities, including safety, good schools and stores that are important to families’ choices about their community. The goal is to transform communities as well as the lives of residents. The Augusta Housing Authority (AHA) and the City of Augusta are seeking a planning grant which requires the leveraging of significant public/private dollars to support locally strategies that address struggling neighborhoods with distressed public and/or HUD- assisted housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and other stakeholders, such as public housing agencies, cities, schools, police, business owners, nonprofits, and private developers, come together to create and implement a plan that revitalizes distressed HUD housing and addresses the challenges in the surrounding neighborhood. The program helps communities transform neighborhoods by redeveloping severely distressed public and/or HUD-assisted housing and catalyzing critical improvements in the neighborhood, including vacant property, housing, businesses, services and schools. If awarded and implemented, then AHA, the City and the community will pursue funding to implement the plan, which may include submitting an application for $30 million of CNI implementation funding. Requirements of the Choice Neighborhoods program include: One-for-one replacement of existing public housing units. Mixed-income housing that includes public housing, tax credit and market-rate units. Resident involvement during planning and implementation. Partnering with educators and service providers to provide effective services to improve the academic and developmental outcomes for children and youth. Supportive services, mobility counseling and relocation assistance for those relocated from the site during revitalization. Right to return to new housing as long as tenant remains lease-compliant. Preservation of affordable housing in the neighborhood and other activities so existing residents have benefit from neighborhood improvements. 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. 2 Augusta, Georgia is not restricted from using alternative procurement methods for obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: 3 (1) The ability, capacity, and skill of the offeror to perform the contract or provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through 4 the date of contract award, no offeror shall make any substitutions, deletions, additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. .oos*:*: o*, i!!hl!l l'= %,^llllllll s'"r, DEve""' U.S. Department of Housing and Urban Development Public and Indian Housing FY21 Choice Neighborhoods Planning Granrs NOFO FR-6500-N-38 07113t2021 B. Number of Awards. C. Minimum/lVlaximum Award Information ................. I 4 14 D. Period of Performance............. ..................14 E. Type of Funding Instrument. .....................14 III. Eligibility Information. ............ ................14 A. Eligible Applicants. ................14 B. Ineligible Applicants. ............... .................17 C. Cost Sharing or Matching .......17 D. Threshold Eligibility Requirements........... ....................18 E. Statutory and Regulatory Requirements Affecting Eligibility. .......21 F. Program-Specifi c Requirements. .........................21 ......27 IV. Application and Submission Information ....................27 A. Obtaining an Application Packa9e.............. .................27 B. Content and Form of Application Submission........... ......................28 C. System for Award Management (SAM) and Dun and Bradstreet UniversalNumbering System (DLINS) Number. ...........34 D. Application Submission Dates and Times. ..................35 E. Intergovernmental Review. ........................38 F. Funding Restrictions ................38 G. Other Submission Requirements............... ...................39 V. Application Review Information ................40 A. Review Criteria. .....................40 B. Review and Selection Process. ...................52 VI. Award Administration Information............. ...............54 A. Award Notices...... ...................54 Page I of60 Page 2 of60 Program Office: Public and Indian Housing Funding Opportunity Title: FY2l Choice Neighborhoods Planning Grants NOFO Funding Opportunity Number: FR-6500-N-38 Primary CFDA Number: 14.892 Due Date for Applications: 0711312021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Opportunity (NOFO) to invite applications from eligible applicants for the program and purpose described within this NOFO. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal. During the selection process HUD is prohibited from disclosing I ) information regarding any applicant's relative standing, 2)the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance. For Further Information Regarding this NOFO: Please direct questions regarding the specific requirements of this Notice of Funding Opportunity (NOFO) to the office contact identified in Section VII. Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, HUD moy not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. Eqch NOFO will identify its applicable OMB control number unless its collection of information is excludedfrom these requirements under 5 CFR part 1320. OMB Approval Number(s) : 2577-0269 I. FUNDING OPPORTUNITY DESCRIPTION. A. Program Description. 1. Purpose The Choice Neighborhoods program leverages significant public and private dollars to support locally driven stiategies that address struggling neighborhoods with severely distressed public housing and/or HUD-assisted housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and other stakeholders, such as public housing agencies, Page 3 of60 cities, schools, police, business owners, nonprofits, and private developers, come together to create and implement a plan that revitalizes distressed HUD housing and addresses the challenges in the surrounding neighborhood. The program helps communities transform neighborhoods by redeveloping severely distressed public and/or HUD-assisted housing and catalyzing critical improvements in the neighborhood. To this end, Choice Neighborhoods is focused on three core goals: l. Housing: Replace severely distressed public and HUD-assisted housing with high- quality mixed-income housing that is well-managed and responsive to the needs of the surrounding neighborhood; 2. People: Improve outcomes of households living in the target housing related to income and employment, health, and education; and 3. Neighborhood: Create the conditions necessary for public and private investment in distressed neighborhoods to offer the kinds of amenities and assets, including safety, good schools, and commercial activity, that are important to families' choices about their community. To achieve these core goals, successful applicants must develop and implement a comprehensive neighborhood revitalization strategy, or "Transformation Plan." This Transformation Plan becomes the guiding document for the revitalization of the public and/or HUD-assisted housing units, while simultaneously directing the transformation of the surrounding neighborhood and creating positive outcomes for families. Experience shows that to successfully develop and implement the Transformation Plan, broad civic engagement is needed. Successful applicants need to work with public and private agencies, organizations (including philanthropic and civic organizations), banks and financial institutions, and individuals to gather and leverage the financial and human capital resources needed to support the sustainability of the plan. These efforts should build community support for and involvement in the development and implementation of the plan. Additionally, past revitalization efforts have demonstrated that even modest physical improvements and investment actions can help communities build momentum for change and transition from planning to implementation of that plan. These actions improve neighborhood confidence, sustain the community's energy, attract further engagement, and help convince skeptical stakeholders that positive change is possible. Successful applicants should undertake such "doing while planning" projects during the grant period. Objectives and Metrics to Measure Long Term Success: Each Choice Neighborhoods grantee must develop a Transformation Plan that addresses the Housing, People, and Neighborhood objectives. Grantees are expected to develop performance metrics based on these objectives: Housing Objectives: Housing transformed with the assistance of Choice Neighborhoods should be: Page 4 of60 l. Well-Managed and Financially Viable. Developments that have budgeted appropriately for the rental income that can be generated from the project and meet or exceed industry standards for quality management and maintenance of the property. 2. Mixed-Income. Housing affordable to families and individuals with a broad range of incomes including low-income, moderate-income, and market rate or unrestricted. 3. Energy Efficient, Climate Resistant, and Sustainable. Housing that has low per unit engery and water consumption and is built to be resistant to local disaster risk. 4. Accessible, Healthy, and Free from Discrimination. Housing that is well-designed, meets the requirements of accessible design and embraces concepts of visitability and universal design, has healthy indoor air quality, has affordable broadband Internet access, and is free from discrimination. People Objectives: Residents who live in the target and replacement housing before and after redevelopment benefit from: 1 . Effective Education. A high level of resident access to high-quality early leaming programs and services so children enter kindergarten ready to learn and quality schools and/or educational supports that ultimately prepare students to graduate from high school college- andior career-ready. 2. Income and Employment Opportunities. The income of residents, particularly wage income for non-elderly/non-disabled adult residents, increases over time. 3. Quality Health Care. Residents have increased access to health services and have improved physical and mental health over time. 4. Housing Location, Quality, and Affordability. Residents of the target housing who, by their own choice, do not return to the development have housing and neighborhood opportunities as good as or better than the opportunities available to those who occupy the redeveloped site. Neighborhood Objectives: Through investments catalyzed by Choice Neighborhoods, the neighborhood enjoys improved: l. Private and Public Investment in the Neighborhood. The neighboring housing has a very low vacancy/abandonment rate, the housing inventory is of high quality, and the neighborhood is mixed income and maintains a mixture of incomes over time. 2. Amenities. Basic services are located in or nearby the neighborhood. Basic services include grocery stores, banks, health clinics and doctors' offices, dentist offices, public transit, and high-quality early learning programs and services. 3. Effective Public Schools: Public schools in the target neighborhood are safe and welcoming places for children and their families. In addition, schools have test scores that are as good as or better than the state average or are implementing school reforms that raise student achievement over time and graduate students from high school prepared for college and/or a career. 4. Safety: Residents are living in a safer environment as evidenced by the revitalized neighborhood having significantly lower crime rates than the neighborhood had prior to redevelopment and maintaining a lower crime rate over time. 2. Changes from Previous NOFO. Page 5 of60 - The "Doing While Planning" rating factor now focuses on the applicant's proposed process for identifuing such projects and is now worth up to 3 points (instead of 6 points). Points are redistributed to other rating factors under of Soundness of Approach. - Revised language in some rating factors to improve clarity. 3. Definitions. a. Standard Definitions Affirmatively Furthering Fair Housing (AFFH). Affirmatively Furthering Fair Housing (AFFH) means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant's activities and programs relating to housing and urban development. Assistance Listings means a unique number assigned to identifu a Federal Assistance Listing, formerly known as the CFDA Number. Federal Financial Assistance means assistance that entities received or administer in the form of: l) Grant; 2. Cooperative agreements (which does not include a cooperative research and development agreement pursuant to the Federal Technology Transfer Act of 1986, as amended ( I 5 U.S.C.37t0a)); Loans; Loan guarantees; Subsidies; Insurance; Food commodities; Direct appropriations; Assessed or voluntary contributions; or Any other financial assistance transaction that authorizes the non-Federal entity's expenditure of Federal funds. Federal Financial Assistancedoes not include:l. Technical assistance, which provides services in lieu of money; and2. A transfer of title to federally owned property provided in lieu of money, even if the award is called a grant. Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz 3. 4. 5. 6. 7. 8. 9. 10. b. Page 6 of60 point of contact in the System for Award Management. The AOR is listed in item 2l on the SF- 424. Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions with funding from formula grant programs. (See 24 CFR part 9l HUD's requirements regarding the Consolidated Plan and related Action Plan). Contract means. for the purpose of Federal financial assistance. a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a Federal award. For additional information on contractor and subrecipient determinations see 2 CFR 200.331. Contractor means an entity that receives a contract as defined in 2 CFR 200.1 . Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement (e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable. o Curable Deficiencies may be corrected by the applicant with timely action. To be curable the deficiency must: Not be a threshold requirement, except for documentation of applicant eligibility; o Not influence how an applicant is ranked or scored versus other applicants; and o Be remedied within the time frame specified in the notice of deficiency. o Non-Curable Deficiencies cannot be corrected by an applicant after the submission deadline. Non-curable deficiencies are deficiencies that, if corrected, would change an applicant's score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application's score and final determination. DUNS Number is the nine-digit Dun and Bradstreet Data Universal Number System identification number assigned to a business or organization by Dun & Bradstreet and provides a means of identifying business entities on a location-specific basis. OMB removed duplicate recipients based on recipient Data Universal Number System (DLINS) numbers, from Dun & Bradstreet (D&B). At this time all Federal financial assistance recipients are required to register for DUNS numbers. E-Business Point of Contact (E-Biz POC) A user registered as an organization applicant who is responsible for the administration and management of grant activities for his or her organization. The E-Biz POC is likely to be an organization's chief financial officer or authorizing official. The E-BizPOC authorizes representatives of their organization to apply on behalf of the organization (see Standard AOR and Expanded AOR). There can only be one E-Biz POC per DUNS Number.) Page 7 of60 Eligibility requirements are mandatory requirements for an application to be eligible for funding. Federal award, has the meaning, depending on the context, in either paragraph (l) or (2) of thisdefinition: (l)(i) The Federal financial assistance that a recipient receives directly from a Federal awarding agency or a subrecipient receives indirectly from a pass-through entity, as described in 2 CFR $200.101; or ii. The cost-reimbursement contract under the Federal Acquisition Regulations that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass- through entity, as described in 2 CFR $200.101. 2. The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (2) of the definitions of Federal financial assistance in 2 CFR $200.1 , or the cost- reimbursement contract awarded under the Federal Acquisition Regulations.3. Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal Government owned, contractor operated facilities (GOCOs). 4. See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Grants.gov is the website serving as the Federal government's central portal for searching and applying for Federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFO. Non-Federal Entity (NFE) means a state, local government,Indian tribe, Institution of Higher Education (IHE), or non-profit organization that carries out a Federal award as a recipient oi subrecipient. Opportunity Zone (OZs) are defined in 26 U.S.C . 14002-L In general , OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment. Point of Contact (POC) is the person who may be contacted with questions about the application submitted by the AoR. The poc is listed in item gF on the sF-424. Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance pubiic health and address other priorities identified by the community. Recipient means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from HUD. The term recipient does not include subrecipients or individuals that are beneficiaries of the award. Small business is defined as a privately-owned corporation, partnership, or sole proprietorship that has fewer employees and less annual revenue than a corporation oi regular-sized business. The definition of "small"-in terms of being able to apply for government support and qualify for preferential tax policy-varies by country and industry. The U.S. Small Business Page 8 of60 Administration defines a small business according to a set of standards based on specific industries.{e-CFR Title l3-Chapter I - Part 121} Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that pass-through entity considers a contract. Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly for a Federal awarding agency. System for Award Management (SAM) means the Federal Repository into which an entity must provide information required for the conduct of business as a recipient. Registration with SAM is required for submission of applications via Grants.gov. You can access the website athttps://www.sam.gov/SAM/. There is no cost to use SAM. Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section IILD Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility. Unique Entity Identifier means the identifier required for SAM registration to uniquely identify business entities. 4. Program Definitions For purposes of the Choice Neighborhoods program, the following definitions of key terms apply. As needed, other definitions relevant to specific thresholds and rating factors will be provided in those sections of the NOFO. Affordable Housing. The term "affordable housing" means, in the context of a Choice Neighborhoods Transformation Plan, housing funded by a Choice Neighborhoods Implementation grant for which the owner of the project/unit has recorded a HUD-approved affordability use restriction for occupancy by households earning up to 120 percent of Area Median Income (AMI) for no fewer than 20 years. Such housing is not considered replacement housing for the purposes of the one-for-one replacement requirement. Anchor Institutions. Anchor institutions are place-based entities with regional significance and are permanently-rooted economic or cultural drivers in specific locales that generate jobs, create local business opportunities, and contribute significantly to the development of human, social, and cultural capital. They include universities, hospitals, sports facilities, performing arts centers, and other major cultural facilities (such as museums and central libraries), and large corporations. Assisted Housing. In this NOFO, the term "assisted housing" (used interchangeably with "HUD-Assisted Housing") means housing assisted under a Housing Assistance Payment (HAP) contract pursuant to section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 42 U.S.C. 1437g) (excluding tenant-based vouchers and developments where fewer than 50 percent Page 9 of60 of the units in a housing development receive project-based voucher assistance), section 221(d)(3) or section 236 of the National Housing Act (12 U.S.C. l715l and 12 U.S.C. l7l5z-l), or the Native American Housing Assistance and Self-Determination Act of 1996,25 U.S.C. 4 I 0l , et seq. (lndian Housing). In the case of Indian Housing, this includes only single family and duplex rental housing that is clustered in a development and multifamily rental housing projects in which at least 50 percent of the units are assisted. Co-Applicant. Co-Applicant means an entity with which the Lead Applicant chooses to apply for funding under this NOFO. A Co-Applicant must also be an Eligible Applicant. The Co- Applicant will also sign the Choice Neighborhoods Grant Agreement and be responsible for implementing the activities identified in the Transformation Plan, but will not directly receive access to funding through HUD's Line of Credit Control System (LOCCS). A Co-Applicant is not required. Early Action Activities. The term "Early Action Activities" refers to limited, physical neighborhood improvements undertaken during the planning process. All grantees may use up to $150,000 of grant funds for these "doing while planning" projects that support the planning process through engaging the community, building capacity, fostering social cohesion, or otherwise reinforcing the planning process. They must also be responsive to the neighborhood's needs and must be used for physical community development or economic development projects that enhance and accelerate the transformation of the neighborhood. Early Action Activities funds are for physical improvements, and must not be used for non-physical uses, such as supportive services, administrative costs, and marketing. These funds must not be used for basic infrastructure or as a substitute for basic municipal services. Additionally, funds must not be used for housing development activities (including the public or HUD-assisted housing targeted in this application), such as acquisition, relocation, demolition and remediation, rehabilitation, or construction. These funds should be used for innovative solutions to neighborhood challenges and must be used for projects that can be completed within the first two years. Uses of funds are limited to: a. Reclaiming and recycling vacant property into community gardens, pocket parks, or farmers markets; b. Beautification, placemaking, and community arts projects, such as creative signage to enhance neighborhood branding, murals and sculptures, specialty streetscaping, or garden tool loan programs; c. Owner-occupied home or business fagade improvement programs; d. Fresh food initiatives, such as farmers markets and mobile fresh food vendors; and e. Gap financing for economic development projects that are ready to implement and have secured all the necessary funding except for a modest gap. Families, Family. The term "families" has the meaning provided in section 3(bX3)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a).In the case of tribal entities, the term "family" has the meaning provided in section 4(6) of the Native American Housing Assistance and Self-Determination Act of 1996,25 U.S.C.4103(6). Lead Applicant. Lead Applicant means the primary entity responsible for implementing the activities identified in the application. The Lead Applicant must meet the qualifications of an Eligible Applicant. The Lead Applicant will sign the Grant Agreement and is the sole entity that will have access to HUD's Line of Credit Control System (LOCCS) to draw down Choice Neighborhoods funding. Local Government. The term "local government" shall have the same meaning as "unit of Page l0 of60 general local government" in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302): The term "unit of general local government" means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that, except as provided in section 5306(dX4) of this title, is recognized by the Secretary;the District of Columbia. Neighborhood. The neighborhood is the geographic area within which the activities of the Transformation Plan shall take place. HUD understands neighborhood boundaries are not fixed like municipal or county boundaries. The Department also recognizes neighborhoods do not necessarily follow statistical boundaries, such as census tracts. For Choice Neighborhoods, HUD will rely on applicants to identiff generally accepted boundaries for the target neighborhood. In many communities, typical neighborhood boundaries are delineated by major streets or physical topography. The neighborhood must be larger than just the footprint of the distressed public or HUD-Assisted Housing targeted in the application, but cannot encompass more than one municipal jurisdiction and is typically an area less than two miles wide. Neighborhood Assets. Neighborhood assets include the following main categories: a. Developmental assets that allow residents to attain the skills needed to be successful in all aspects of daily life (e.g., educational institutions, early learning centers, and health resources); b. Commercial assets that are associated with production, employment, transactions, and sales (e.g., labor force and retail establishments); c. Recreational assets that create value in a neighborhood beyond work and education (e.g., parks, open space, community gardens, athletics and arts organizations); d. Physical assets that are associated with the built environment and physical infrastructure (e.g., housing, commercial buildings, and roads); and e. Social assets that establish well-functioning social interactions (e.g., public safety and community engagement). Nonprofit Organization. Nonprofits eligible to be an applicant under this NOFO are entities classified as such in accordance with section 501(c) of the Internal Revenue Code or have been designated as such by their state government. A nonprofit organization can be organized for the following purposes: charitable, religious, educational, scientific, or other similar purposes in the public interest. To obtain tax-exempt status, qualified organizations must file an application with the Internal Revenue Service (IRS) and receive designation as such by the IRS. For more information, go to www.irs.gov. Entities in the process of applying for tax-exempt status, but have not yet received nonprofit designation from the IRS by the application deadline date, will not be considered an eligible applicant. All nonprofit applicants must submit either their IRS determination letter to prove their 501(c) status or the letter from the state government to prove their nonprofit status. Part I Violent Crimes. Part I Violent Crimes shall have the same meaning used by the United States Department of Justice Bureau of Justice Statistics and the Uniform Crime Report. Aggravated assault, rape, murder, and robbery are classified as Part I Violent Crimes. Physical Needs Assessment. A PhysicalNeeds Assessment (PNA) for a housing project must be prepared by an independent registered engineer or architect that conducts a physical inspection of at least l0 percent of each dwelling unit set (i.e. a grouping of units within a building, which share characteristics, such as: number of bedrooms, number of full and half baths, ceiling height, and floor area) in order to ensure a representative sample of dwelling units Page l1 of60 are assessed and at least 50 percent of the non-dwelling space (i.e., exteriors, envelopes, non- dwelling units, grounds, common space and systems). Generally, a PNA identifies all the work needed to bring the housing project up to the applicable building modernization and energy conservation standards. Typically, a PNA takes into account the life cycle replacement costs of the housing project's entire inventory of capital items for a period of 20 years; however, for the purposes of the rating factors in this NOFO, HUD will only consider the cost of immediate needs for rehabilitation. Capital Needs Assessments, Project Capital Needs Assessments and Physical Condition Assessments are acceptable formats. Please note that HUD offers PHAs a free and standardized PNA format via our PNA Tool at: https://www.hud.gov/program-offices/public-indian_housing/programs/ph/capfund/gpnatool . Additionally, this website includes a user guide, instructions, and other informative PNA resources. PHAs can retrieve their PIC data in HUD's Energy and Performance Information Center (EPIC) PNA tab or via request at PHAPNA@hud.gov. Planning Coordinator. A Planning Coordinator is a person or entity separate from the Lead Applicant or Co-Applicant procured to help the grantee coordinate the planning process. The Planning Coordinator should have significant experience in leading comprehensive neighborhood planning processes that lead to implementation activities and improved outcomes as well as building the capacity of local entities. Examples of Planning Coordinators include but are not limited to community-based organizations, redevelopment authorities, and private or non-profit planning firms. The Planning Coordinator is not only a local partner/stakeholder, but also a single person/entity selected to assist the grantee in carrying out the grant activities and in increasing grantee capacity to carry out the grant activities. Having a Planning Coordinator is optional. Public Housing Agency. The term "public housing agency" has the meaning provided in section 3(bX6) of the United States Housing Act of 1937 (42 U.S.C. 1437a). Public Housing. The term "public housing" refers to housing that receives funding under an Annual Contributions Contract (ACC) and in accordance with section 9 of the U.S. Housing Act of 1937 . A public housing project is a group of such housing units that has a single Project Number assigned by the Director of Public Housing of a HUD Field Office and has, or had (in the case of previously demolished units), housing units under an ACC and in accordance with section 9 of the U.S. Housing Act of 1937. Applicants must be clear throughout their application as to the project they are targeting. Rental Assistance Demonstration (RAD). A HUD program that allows PHAs to convert public housing to project-based section 8 housing to facilitate additional debt and equity financing. More information about the RAD program can be found at www.hud.gov/rad. Replacement Housing. Replacement housing is rental housing that will replace demolished, disposed of, or otherwise reduced public or assisted housing. It must be assisted with funding under section 8 or 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f and 42 U.S.C. 1 4379). With regard to section 8 housing, project-based vouchers (section 8o(13) of the U.S. Housing Act of 1937), and Project-Based Rental Assistance as provided in a RAD conversion are included in this definition, but tenant-based vouchers are excluded except as permitted by HUD. To satisfy the one-for-one replacement requirement through acquisition, the replacement unit must not have been receiving assistance prior to submitting the application under the sections listed above in this paragraph. Severely Distressed Housing. a. In accordance with section 24OQ) of the 1937 Act, the term means a public and/or assisted Page 12 of60 housing project (or building in a project) that: (l) Requires major redesign, reconstruction, redevelopment, or partial or total demolition to correct serious deficiencies in the original design (including inappropriately high population density), deferred maintenance, physical deterioration or obsolescence of major systems, and other deficiencies in the physical plan of the project; (2) Is a significant contributing factor to the physical decline of, and disinvestment by public and private entities in, the surrounding neighborhood; (3) (a) is occupied predominantly by families who are very low-income families with children, have unemployed members, and are dependent on various forms of public assistance; (b) has high rates of vandalism and criminal activity (including drug-related criminal activity) in comparison to other housing in the area; or (c) is lacking in sufficient appropriate transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services, resulting in severe social distress in the project; (4) Cannot be revitalized through assistance under other programs, such as the Capital Fund and Operating Fund programs for public housing under the 1937 Act, or the programs under sections 9 or 14 of the 1937 Act (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998 (Pub. L. 105-276, approved October 21, 1998)), because of cost constraints and inadequacy of available amounts; and (5) In the case of an individual building that currently forms a portion of the public and/or assisted housing project targeted by the application to this NOFO: (a) Is sufficiently separable from the remainder of the project of which the building is part, such that the revitalization of the building is feasible; or (b) Was part of the targeted public and/or assisted housing project that has been legally vacated or demolished, but for which HUD has not yet provided replacement housing assistance (other than tenant-based assistance). "Replacement housing assistance" is defined as funds that have been furnished by HUD to perform major rehabilitation on, or reconstruction of, the public andior assisted housing units that have been legally vacated or demolished. b. A severely distressed project that has been legally vacated or demolished (but for which HUD has not yet provided replacement housing assistance, other than tenant-based assistance) must have met the definition of physical distress not later than the day the demolition application approval leffer was dated by HUD, or in the case of Indian Housing, not later than the day the tribal entity signed the written notification of demolition provided to HUD in accordance with24 CFR 1000.134. Supportive Services. The term "supportive services" includes all activities that promote upward mobility, self-sufficiency, or improved quality of life, including such activities as literacy training, activities that promote early learning and the continuum of educational supports, remedial and continuing education, job training, financial literacy instruction, day care, youth services, aging-in-place, public transportation, physical and mental health services, economic development activities, and other programs for which the community demonstrates need. Transformation Plan. The Transformation Plan is a comprehensive neighborhood revitalization strategy proposal which, when implemented, will achieve the three core goals of Choice Neighborhoods (Housing, People, Neighborhood). Tribal Entities. This term means tribes, as defined in section 4(13) of NAHASDA, and Tribally Designated Housing Entities, as defined in section 4(22) of NAHASDA. Page l3 of60 B. Authority. The funding authority for Choice Neighborhoods grants under this NOFO is provided by the Consolidated Appropriations Act, 2021 (Public Law l16-260, enacted December 27, 2020) (FY202l Appropriations). The program authority for the Choice Neighborhoods Initiative is section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v),ai applied by the Fy 2021 Appropriations. II. Award Information. A. Available Funds Funding of approximately $ 5,000,000 is available through this NoFo. Additional funds may become available for award under this NOFO, because of HUD's efforts torecapture funds, use cat'ryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subjeci io ti,. funding restrictions contained in this NOFO. B. Number of Awards. HUD expects to make approximately l1 awards from the funds available under this NOFO. C. Minimum/lVlaximum Award Information Planning Grants awards may be up to $450,000. Estimated Total Funding: $ 5,000,000 Minimum Award Amount: $t Per Project Period Maximum Award Amount: $ 450,000 Per Project Period D. Period of Performance The term of a Planning Grant is 2 years from the date of the Grant Agreement execution. Estimated Project Start Date: t2t0U202t Estimated Project End Date: 12t0U2023 Length of Project Periods: 24-month project period and budget period Length of Periods Explanation of Other: E. Type of Funding Instrument. Funding Instrument Type: G (Grant) Page l4 of60 III. Eligibility Information. A. Eligible Applicants. 01 (County governments) 02 (CitV or township governments) 07 (Native American tribal governments (Federally recognized)) 08 (Public housing authorities/lndian housing authorities) I 2 (Nonprofits having a 501 (c)(3) status with the IRS, other than institutions of higher education) 25 (Others (see text field entitled "Additional Information on Eligibility" for clarification)) Additional Information on Eligibility Eligible applicants under this NOFO are Public Housing Agencies (PHAs), local governments, tribal entities, and nonprofits. Refer to the definitions in Section 1.A.4 for the program definition of these terms. Key Eligibility Criteria. There are three key eligibility criteria for Choice Neighborhoods funding. In addition to the requirement that an applicant must be an eligible entity, the application must also demonstrate the proposal targets an eligible housing project located in an eligible neighborhood. 1. Eligible Applicants. PHAs, local governments, tribal entities, and nonprofits are eligible to apply. See Section I.A.4 for definitions of related terms. Additionally, the following criteria must be met, as relevant, in order to comply with this requirement: a. Troubled Status for PHAs. This applies to PHA applicants. If a PHA was designated as troubled by HUD pursuant to section 6OQ) of the 1937 Act on the most recently released Operational Troubled List, HUD will use documents and information available to it to determine whether that PHA qualifies as an eligible applicant. PHAs designated as troubled are strongly encouraged to consider partnering with another entity (such as a local government or a nonprofit) to serve as the Lead Applicant for this Choice Neighborhoods grant. In accordance with section 24O of the 1937 Act, a troubled PHA may still be eligible to apply if it: (1) Is designated as troubled principally for reasons that will not affect its capacity to carry out arevitalization Program; (2) Is making substantial progress toward eliminating the deficiencies of the agency that resulted in its troubled status; (3) Has not been found to be in noncompliance with fair housing or other civil rights requirements; or (+y fr otherwise determined by HUD to be capable of carrying out a revitalization program. b. Certification for Multifamily Assisted Property Owners. If the Lead Applicant or Co- Applicant is the owner of the assisted property that is the subject of the Choice Nlighborhoods grant, the Applicant is required to submit the Previous Participation Page 15 of60 Certification form (HUD-2530). If the property owner listed has defaulted on a mortgage loan or has less than satisfactory review ratings (physical inspections, management and financial reviews), HUD will use documents and information available to it to determine whether the owner of the property qualifies as an eligible applicant. Approvals of entities that have defaulted or received unsatisfactory review ratings will be subjected to HUD's Previous Participation clearance review process. Applicants may still be eligible to apply for Choice Neighborhoods funding if HUD deems the applicant to be making substantial progress in addressing the deficiencies related to such default or review rating. Multifamily assisted property owners with defaults or less than satisfactory review ratings are strongly encouraged to consider partnering with another entity (such as a local government or a nonprofit) to serve as the Lead Applicant for this Choice Neighborhoods grant. This requirement is not applicable to applications targeting public housing or Indian housing. c. Nonprofit Applicant. For a nonprofit to demonstrate eligibility as a Lead or Co- Applicant, either an Internal Revenue Service determination letter indicating the organization's 501(c) status or the letter from the state government or tribe designating the organization's nonprofit status must be submified in the attachments. d. Co-Applicants. To demonstrate a Co-Applicant partnership, a Memorandum of Understanding (MOU) or Letter of Agreement must be provided, signed by the executive of each entity. The MOU or Letter of Agreement must demonstrate a commitment to work collaboratively throughout the entirety of the grant to develop a Transformation Plan and identify which party is the Lead Applicant. e. Applicants that are not the owner of the target housing project. If the owner of the target housing project is not the Lead Applicant or Co-Applicant for this grant, a letter from the owner indicating its support for the applicant's organization to submit this grant application and work collaboratively throughout the entirety of the grant must be included in this application. 2. Eligible Target Housing. Each application must focus on the revitalization of at least one severely distressed public and/or assisted housing project. Eligible target housing meets the following criteria: a. Is currently HUD "public housing" or "assisted housing" as defined in section I.A.4. b. If the project's occupancy is limited to "elderly" or "disabled" residents, it cannot be the only target housing project identified in this grant application. At least one target housing project must be available for general occupancy by families. For public housing projects, HUD will verify if the property has such a designation in PIC. For assisted housing, HUD will verify if such a designation is listed in the HAP contract or other HUD records. c. For public housing projects, the Actual Date of Full Availability (DOFA) date in pIC must be earlier than January l,1996. d. Severely distressed: The definition of severely distressed housing from section2aQ)e) of the 1937 Act is included in Section I.A.4. Provide the Certification of Severe Physical Distress form (HUD -53232) and include it in the attachments section of the application. The certification must be signed and dated by an engineer or architect licensed by a state licensing board and dated no more than 12 months prior to the application due date. The license does not need to have been issued in the same state as Page l6 of60 the severely distressed project. The engineer or architect must include his or her license number and state of registration on the certification. The engineer or architect may not be an employee of the Lead Applicant, Co-Applicant (if any), Planning Coordinator (if any), the project's owner, the PHA (if applicable), or a unit of local government in which the housing is located. If this application targets more than one public and/or assisted housing project, each project must meet this definition of severely distressed and be listed on the certification form. 3. Eligible Neighborhood. An eligible neighborhood for Choice Neighborhoods grant funds is a neighborhood with at least 20 percent of the residents estimated to be in poverty or have extremely low incomes based on the most recent data collected by the U.S. Census Bureau. To meet this application requirement, the applicant must demonstrate compliance with the following criteria: a. The definition of "neighborhood" from Section I.A.4 applies. Note: HUD reserves the right to ask applicants to provide evidence that the target neighborhood boundary is generally accepted. Such evidence might include planning, community development or zoning maps that have been adopted by a public jurisdiction. b. For the purposes of establishing neighborhood eligibility and to assign points for certain rating factors, HUD has created a mapping tool that will overlay the locally defined neighborhood boundaries with data associated with that area and estimate the rates of certain indicators in that neighborhood using a proportional allocation methodology. HUD will calculate the poverty rate, extremely low-income rate, and residential vacancy rate for the target area as well as other measures of distress. For example, if census tracts are the smallest statistical boundary for the available data and the locally defined neighborhood is partially within two different census tracts, the poverty rate will be calculated based on the portion of the neighborhood housing units located in each tract. In this example, 80 percent of the housing units in the locally defined neighborhood are in a tract with a poverty rate of 40 percent and 20 percent of the units are in a tract with a poverty rate of l0 percent. The 'lneighborhood poverty rate" would be calculated as: (80% x 40o/o) + (20% x l0%) :34o/o. The applicant must draw the boundaries of the target neighborhood using the mapping tool posted on the FY 2021 NOFO and Funding Information page at www.hud.gov/cn and provide the PDF report of the eligible neighborhood, as produced and emailed to the user by the mapping tool, in the attachments section of the application. HUD will not accept additional documentation and will make the final determination on compliance with the threshold. The neighborhood boundaries drawn via the CN Mapping Tool must match the neighborhood boundaries depicted on the maps provided in Attachment 21. B. Ineligible Applicants. 1. Individuals. 2. Any entity that does not meet the eligibility criteria listed above. C. Cost Sharing or Matching. This Program requires cost sharing or matching as described below. Page 17 of60 Section 2a(c)(l)(A) of the 1937 Acr(42 U.S.C. 1437v(cXl)(A) sets forth a requirement for matching funds for all grants made under section 24, which includes Choice Neighborhoods. Matching funds in the amount of at least five percent of the requested grant amount in cash or in-kind donations must be secured and used by the end of the grant term. HOPE VI program funding, including HOPE VI Revitalization,HoPE VI Demolition, HOPE VI Neighborhood Networks, HOPE VI Main Street grants, Choice Neighborhoods Implementation, or Choice Neighborhoods Planning Grants may NOT be considered match. Generally other federal sources are only allowed to be used as cost share or match if permitted by a program's authorizing statute. Grantees will be required to show evidence that matching resources were actually received and used for their intended purposes through quarterly reports as the project proceeds. Sources of matching funds may be substituted after grant award, as long as the dollar requirement is met. Grantees must pursue and enforce any commitment (including commitments for services) obtained from any public or private entity for any contribution or commitment to the project or surrounding area that was part of the match amount. D. Threshold Eligibility Requirements. Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated. 1. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before the application deadline. Applicants, who after review are confirmed to have civil rights matters unresolved at the application deadline, will be deemed ineligible. Their applications will receive no further review, will not be rated and ranked, and they will not receive funding. a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings referenced in subparagraphs (l) - (5) that have not been resolved to HUD's satisfaction before or on the application deadline date are ineligible for funding. Such matters include: l. Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of a substantially equivalent state or local fair housing law proscribing discrimination because of race, color, religion, sex, national origin, disability or familial status; 2. Status as a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging a pattern or practice of discrimination or denial of rights to a group of persons raising an issue of general public importance under 42 U.S.C. 3614(a); 3. Status as a defendant in any other lawsuit filed orjoined by the Department of Justice, or in which the Department of Justice has intervened, or filed an amicus brief or statement of interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and Community Development Act of l974,the Americans with Disabilities Act or a claim under the False Claims Act related to fair housing, non-discrimination, or civil rights generally including an alleged failure to affi rmatively further fair housing; 4. Receipt of a letter of findings identiffing systemic non-compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section Page 18 of60 109 of the Housing and Community Development Act of 1974; or the Americans with Disabilities Act; or 5. Receipt of a cause determination from a substantially equivalent state or local fair housing agency concerning a systemic violation of provisions of a state or local law prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful source of income. b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of findings taken before the application deadline date will resolve the matter. Examples of actions that may be sufficient to resolve the matter include, but are not limited to: l. Current compliance with a voluntary compliance agreement signed by all the parties;2. Current compliance with a HUD-approved conciliation agreement signed by all the parties; 3. Current compliance with a conciliation agreement signed by all the parties and approved by the state governmental or local administrative agency with jurisdiction over the matter; 4. Current compliance with a consent order or consent decree; 5. Current compliance with a final judicial ruling or administrative ruling or decision; or6. Dismissal of charges. 2. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFO that do not meet the requirements of the grace period policy will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times. 3. Choice Neighborhoods Application Certifications. The application must include the Choice Neighborhoods Application Certifications form for Planning Grants (HUD-53156) in the attachments. It must be signed by the Executive Office of the Lead Applicant and Co-Applicant (if any) (and the Chair of the PHA Board of Commissioners if the Lead Applicant or Co- Applicant is a PHA). By providing this certification, you are attesting you will meet the Match Requirement from Section III.C. 4. Number of Applications and Public and/or Assisted Housing Projects. (a) A Planning Coordinator may participate in a maximum of two applications under this NOFO. If this entity participates in more than two applications, all applications in which they are a participant will be deemed ineligible. (b) You may only submit one application per locality, defined as the area within the boundary of your local government, or in the case of a tribal entity, the boundary of your Indian area as defined in section 4(l l) of the Native American Housing and Self-Determination Act of 1996. There is no limit to the number of public and/or assisted housing projects per application, so long as all are within the boundaries of the neighborhood. (c) If HUD receives electronically multiple versions of an application, HUD will review the last version of the application received by Grants.gov that meets the timely receipt requirements. All other applications (i.e., prior versions) will not be considered eligible. If applicants find, after submitting an application, that they want to amend or adjust their application and it is prior to the deadline date, applicants must resubmit the entire application to ensure that HUD gets a complete application. Page l9 of60 5. Relation to Prior HOPE VI Revitalization Grants. Public housing projects previously funded through a HOPE VI Revitalization grant may not be the target public housing project of a Choice Neighborhoods grant application. However, they may be located within the Transformation Plan neighborhood. 6. Relation to American Recovery and Reinvestment Act (ARRA) Capital Fund Recovery Competition (CFRC) Grants. Public housing projects previously funded through an ARRA CFRC grant under Category 2 (Public Housing Transformation), Category 3 (Gap Financing for Projects that are Stalled Due to Financing Issues), or Category 4 Option I (Creation of Energy Efficient, Green Communities, Substantial Rehabilitation or New Construction) may not be the target public housing project of a Choice Neighborhoods grant application. However, such projects may be located within the Transformation Plan neighborhood. 7. Relation to Prior Choice Neighborhoods Grants. Public and/or assisted housing projects and the neighborhoods in which they are located previously funded through a Choice Neighborhoods Planning or Implementation Grant may not be the target housing and neighborhood of a Choice Neighborhoods application under this NOFO. In addition, applicants may not apply for both a FY 2021Planning Grant and FY 2021Implementation Grant for the same target housing and neighborhood. 8. Relation to Rental Assistance Demonstration (RAD) Applicants. PHAs that have applied for RAD, received a Commitment to enter into a Housing Assistance Payments Contract (CHAP) (either a Portfolio award that covers the property proposed or a Multiphase award) covering the property proposed, and are planning on demolition and new construction or major rehabilitation or reconstruction may apply for a Choice Neighborhoods Planning Grant provided they have not yet received a RAD Conversion Commitment (RCC) at the time of the application deadline for this NOFO. In the case where there is a Multiphase award, only units at the target housing site that are not included in an RCC can stillbe eligible. The Office of Recapitalization will offer flexibility with regard to the RAD milestones so that PHAs and their partners may take advantage of the Planning Grants. 9. Resident Involvement. In accordance with section 2a@)Q)@) of the 1937 Act, applicants must involve affected residents at the beginning and during the planning process for the transformation program, prior to the submission of an application. Prior to the application deadline, an applicant must provide written notice to the residents of the target housing about the application for this Choice Neighborhoods Planning Grant. The notification must include a brief description of the proposed planning process, general timeline, the applicant's contact information, and state that residents have the right to ask questions and provide comments. The applicant must consider these questions and comments when drafting the grant application. The notification must be delivered either by mail or personal delivery to each household (though it does not need to be sent via certified mail). While HUD encourages applicants to use multiple forms of communication to engage residents and other stakeholders, email messages, website and social media posts, etc. do not satisfy this threshold requirement. In seeking public participation, applicants must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communications-related disabilities Page 20 of60 consistent with section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act. In addition, Title VI of the Civil Rights Act of 1964,42 U.S.C. 2000d and Executive Order 13166 require that grantees take responsible steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency (LEP persons). To demonstrate compliance with this requirement, the application must include a copy of the notification delivered. E. Statutory and Regulatory Requirements Affecting Eligibility. Eligibility Requirements for Applicants of HUD's Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD's Funding Opportunities Page. o Active Prime and Sub Recipient registration with SAM.govo Outstanding Delinquent Federal Debts o Debarments and/or Suspensions o Pre-selection Review of Performance o Sufficiency of Financial Management System o False Statements o Mandatory Disclosure Requiremento Prohibition Against Lobbying Activities . Equal Participation of Faith-Based Organizations in HUD Programs and Activities F. Program-Specifi c Requirements. 1. Choice Neighborhoods Program Activities. A Transformation Plan for the target neighborhood must include the required activities specified below. In addition, a Transformation Plan must include objectives, strategies, and program activities under the three core goals of Housing, People, and Neighborhood. Program activities proposed by the applicant must be eligible activities, as described below. a. Required Activities. ( I ) Ensure meaningful resident, community, and stakeholder participation throughout the development of the Transformation Plan. At a minimum, residents of the target housing should have representation on a steering committee and task forces. This also includes public hearings, meetings, websites, forums, charrettes, and other communication that will provide all aspects of the policy and development plans. Applicants must provide altemative options to neighborhood residents, local business owners and employees, and civic and community organization representatives in sufficient time for them to review, react, and make informed decisions on how proposed plans and policies will impact their daily lives. This involvement must be continuous from the beginning of the planning process through the entire grant term. Activities should prioritize ways to advance equity by engaging underserved populations and communities traditionally marginalized from planning processes, such as low-income individuals and families, limited English speakers, persons with disabilities, and the elderly. For assistance in ensuring meaningful access for individuals with limited English proficiency, grantees should consult HUD's Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (HUD's LEP Guidance) published in the Federal Register on January 22,2007 (72Fed. Reg.2732). Additional information is also available at Page 21 of60 www.hud.gov/program_offices/fair housing_equal_opp/promotingfh/lep-faq. Pursuant to section 504 of the Rehabilitation Act of 1973, recipients of federal financial assistance must ensure effective communication for persons with disabilities (see 24 CFR 8.6). This includes employing accessible means of technology to ensure that persons with disabilities can access information on the planning process, plans, and other information. (2) Within the first l2 months of the Choice Neighborhoods grant, conduct a household-level needs assessment of the public and/or assisted housing residents in the target development(s) that assesses assets and needs related to the Housing, People, and Neighborhood goals to better design solutions for challenges facing the children and families of HUD houslng. In addition, grantees must access, draw comparisons, and evaluate existing neighborhood and/orjurisdictional data from available sources (such as the census [including the American Community Survey (ACS)], police reports, healthcare agencies/providers, school performance reports, research surveys, etc.) to determine whether more comprehensive needs aisessments are required at the neighborhood level. (3) Devise a relocation strategy for target housing residents that need to be relocated during the rehabilitation or reconstruction of the public and/or assisted housing, as well as policies to effectuate the required retum preference for target housing residents to occupy the rehabilitated, reconstructed, or replaced housing. (4) If not already completed, have a market assessment conducted of the target neighborhood by an independent, third party professional during the grant period. The conclusions drawn from this study must inform the development of the Transformation plan. (5) If not already identified, select the master developer/housing developer that will implement the housing component of the Transformation Plan before the end of the giant term. (6) Complete a Phase I Environmental Site Assessment based on ASTM standards of the target redevelopment site(s) to determine the potential for and extent of any needed environmental remediation, in order for a grantee to determine a feasible timeline and budget for the realization of redevelopment efforts. (7) Contact the State Historic Preservation Officer (SHPO) to determine the potential for negative effects of demolition on historic properties if the target housing contains buildings 45 years ofage or older. b. Eligible Activities. Funding under this NoFo may be used for the following activities. Proposed activities must reflect local area conditions and the needs of tn. targetneighborhood and must be consistent with the local land use and planning process. _ (l) Conduct comprehensive needs assessments to inform the pieparation of the Transformation Plan. The needs assessments should include: o Current patterns of disinvestment within the neighborhood, including vacant/abandoned homes and businesses, the quality of the existing housing stock, fore-closures, and current home values and rents. Discuss other subsidized housing (".g., Housing Choice Vouchers, LIHTC units, PBRA, state or locally subsidized aifordable units; in theneighborhood that are not pan ofthe target public and/or assisted housing project(s), thecurrent mix of incomes, and any long-term economic factors for continued diiinvestmentthat may be expected to continue, absent a publicly funded intervention;t The neighborhood's access to key assets, such as quality grocery stores, banks, healthclinics and doctors' offices, schools, childcare facilities-and early learning centers orprograms' parks and recreational facilities, and public transit. Identify key neighborhood Page 22 of 60 anchor institutions, such as major employers, universities, or hospitals that can reliably be expected to continue to provide significant economic activity; o Relevant developmental and social assets in the target neighborhood as these assets relate to opportunities for resident education, employment, health, mobility and safety; o Challenges and gaps in neighborhood services and assets; and o Information from applicable fair housing planning (e.g. Analysis of Impediments to Fair Housing Choice, Assessment of Fair Housing, or other fair housing planning document) conducted by the local jurisdiction or public housing agency consistent with its obligation to affirmatively further fair housing, such as patterns of racial, national origin, and other demographic segregation or other fair housing issues in the neighborhood. (2) Undertake a comprehensive and integrated planning process that addresses the challenges and gaps in services and assets identified through the needs assessments and leads to a plan for implementation that has broad community support, in the areas of: (a) Housing. Adopt effective strategies to achieve the Housing goal. Such activities include but are not limited to: o studies of the different options for revitalization, including the feasibility, costs and neighborhood impact of such options and the need for affordable housing; o site planning and conceptual architectural design work that includes accessible design in accordance with applicable accessibility requirements, including but not limited to those under section 504 of the Rehabilitation Act of 1973 and HUD's implementing regulation at 24 CFR part 8, the Fair Housing Act and HUD's implementing regulation at 24 CFR part 100, and the Americans with Disabilities Act and the govemment-wide regulations at 28 CFR parts 35 and26; o designing a suitable replacement housing plan, in situations where partial or total demolition is considered; o designing a suitable mobility strategy and relocation plan; o conducting environmental or geotechnical studies of the target housing site; and o developing a viable financing plan to implement the Housing component of the plan. 'ihe-plan should consider a range of viable financing plans which are not dependent on a choice Neighborhoods Implementation Grant in particular. (b) People. Adopt effective strategies to achieve the People goal. Such activities include but are not limited to: . Planning for supportive services, particularly education, economic development, job training, self-sufficiency, fair housing counseling, financial literacy, and asset building activities for neighborhood and target housing families that help increase intergenerational mobility and improve employment, health, and education outcomes;o planning for improving access to high-quality education programs and improved academic and divelopmental outcomes for children living in the target housing and in the neighborhood along the continuum of cradle-through-college-to-career solutions, including: Page 23 of60 l. High-quality early learning programs and services that are comprehensive, inclusive, evidence-based and that result in significantly improved outcomes in physical well-being and motor development, social-emotional development, language and literacy development, and cognition and general knowledge, including early numeracy for children. 2. High-quality education programs, which may include evidence-based programs that increase learning time; high quality after-school, summer school, and other expanded learning-time programs designed to improve student outcomes; and evidence-based programs that prepare students for college and career success. 3. Ensuring access to existing high-quality schools or undertaking school improvements, such as significant improvements to the programs, policies and personnel of an elementary, middle/junior high and/or high school that are linked to improved academic outcomes or establishing a new high-quality school. (c) Neighborhood. Adopt effective strategies to achieve the Neighborhood goal. Such activities include but are not limited to: planning for neighborhood-level improvements across the range of Neighborhood Assets; aligning with existing planning processes and activities in the local jurisdiction and/or metropolitan area or county/parish; planning for neighborhood economic development activities; and partnering with the necessary agencies and organizations and developing a viable financing plan to implement the Neighborhood component of the plan. (3) Conduct technical planning studies concerning local development issues, priorities, or suggested appropriate approaches in the context of the local housing market relative to other alternatives. This could include new approaches to housing, economic development, or capital improvement programming. However, any such study should directly further the integration of strategies to develop a comprehensive neighborhood-level Transformation Plan. (4) Work with public and private agencies, organizations (including philanthropic organizations) and individuals to: develop a Transformation Plan that includes a governance strategy that will provide long-term accountability and secure commitments for long-term collaboration to ensure it will be implemented successfully; gather and leverage resources needed to support the financial sustainability of the Transformation Plan; identify strategies for building upon and leveraging existing neighborhood efforts and anticipated Federal, state, regional and local investments; and strengthen management and decision-making capacities of participating organizations. (5) Plan for the collection and strategic use of relevant data to track future community impacts once the Transformation Plan is implemented by employing statistical and qualitative analysis of specific metrics developed in partnership with the appropriate local, state, regional, and federal agencies/organizations. Such planning should focus on integrating data systems across agencies and/or negotiating data sharing agreements so that these data can be used for intervention targeting and improvement. (6) Identify best practices based on the available evidence and promising approaches from other grantees abd community development practioners. Such activities may include conducting site visits to communities that have already developed mixed-income housing and implemented neighborhood improvement strategies, researching evidence-based practices, or participating in a community of practice, which is a group of grantees that agrees to interact regularly to solve a persistent problem or improve practice in an area that is important to them and the success of their project, enabling grantees to meet, discuss and collaborate with each other regarding grantee projects. Page 24 of 60 (7) Early Action Activities, as defined in Section I.A.4 of this NOFO. Up to $150,000 of grant funds may be used for Early Action Activities. Specific Early Action Activities may be proposed in the application, as part of the submiued budget, or during the grant period, as a budget revision. These funds should be used for innovative solutions to neighborhood challenges and must be used for projects that can be completed within the first two years of this grant. c. Ineligible Activities. Ineligible activities for all grantees include: (l ) Supportive services; (2) Incentives for recruitment into, participation in, or completion of any planning activities (e.g. gift cards provided to residents that complete a survey or needs assessment and meals provided at planning meetings); and (3) Housing development, including acquisition, relocation, demolition and remediation, rehabilitation, or construction. 2. Choice Neighborhoods Program Requirements. For all successful applicants this section contains Choice Neighborhoods program requirements, administrative and national policy requirements, and other program priorities that Planning Grantees must consider as they develop their Transformation Plan. Successful applicants must review this section and ensure they comply with the requirements, as relevant. a. Right to Return for Tenants. An accepted Transformation Plan shall demonstrate that each tenant who wishes to return to the on-site or off-site replacement housing may return if the tenant was lease-compliant at the time of relocation and continued to remain lease-compliant during the relocation period. A returning tenant shall be provided the highest level preference for occupancy of replacement units (either on-site or off-site) before such units are made available to any other eligible households. Accordingly, the Housing plan must provide an adequate number of replacement housing units that can be occupied by households with incomes up to 80 percent AMI (e.g. units that are not limited by another funding source such as LIHTC equity that has a lower income limit). The tenant also has the option to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937 for relocation from the properties revitalized under this NOFO. This preference remains available until the initial lease-up of the new units. b. One-for-One Replacement of Public and/or Assisted Housing Units. Since a Planning Grant award does not provide funding for redevelopment of the target housing project, the award of a Planning Grant itselt does not trigger the one-for-one replacement requirement established in the Choice Neighborhoods Implemenation Grants NOFO. Nonetheless, the Transformation Plan created through a Planning Grant should provide for the one-for-one replacement of all target housing units as described below: (l) Public Housing Replacement Housing. For all public housing dwelling units still physically standing as of the application due date which will be demolished or disposed, the Transformation Plan must provide for the replacement of the same number of units. The number of bedrooms replaced may be greater or fewer than those still physically standing, so that the overall unit mix first meets the needs of the existing residents, then takes into account the needs of the residents on the waiting list and is aligned with the results of a recent housing market study. (2) Assisted Housing Replacement Housing. For all Assisted Housing units in the HAP contract as of the application due date which are to be demolished or disposed, the Transformation Plan must provide for one-for-one replacement in accordance with all HUD policies, procedures and requirements for project-based section 8 Housing Assistance Page 25 of60 Payments (HAP) contracts. (3) Location. Replacement housing units shall be developed: (a) On-site (i.e., on the target housing site and/or in the iarget neighborhood beingrevitalized); and/or (b) Off-site (i.e., outside of the target neighborhood but within the metropolitan area up to 25miles from the target housing site). If a Transformation Plan proposes to develop replacement housing outside the target neighborhood, such housing must: i. offer access to economic opportunities and public transportation and be accessible tosocial, recreational, educational, commercial, health facilities and services, and other municipal services and facilities that are comparable to those that will be provided in the target neighborhood; ii. be located neither in areas of minority concentration nor in areas with a poverty rate above 40 percent. A neighborhood of minority concentration is a census tract oiother definedgeographic area in which the percentage of residents who are racial or ethnic minorities is at least20 percentage points higher than the percentage of minority residents in the Metropolitan Statistical Area (MSA) (or jurisdiction not in a MSA) as a whole. In MSAs (or jurisdictions notin MSAs) in which the majority of residents are racial or ethnic minorities, riUo wltt consider and rely on all relevant information to determine whether the neighborhood proposed for replacement housing will lead to the creation of more inclusive and integrated housing inopportunity-rich neighborhoods ; and iii. meet the site and neighborhood standards listed in 24 cFR 905.602(d). (4) Types of Units. Please refer to the definition of Replacement Housing in SectionI.A'4. Grantees targeting public housing projects are er.orraged to plan to-utilize Section 8project-based rental assistance or Section 8 project-based vouchers, iuch as through a RAD conversion, in order to meet the one-for-one replacement requirement. (5) Tenant-based Housing Choice Vouchers as Replacement Housing. Up to half of the publichousing and/or assisted housing dwelling units that are demolished or dlspoied of under theTransformation Plan may be replaced with tenant-based vouchers in housing markets where there is an adequate supply of affordable rental housing in areas of low pouJ.ty. please note thisexception does not supersede an entity's obligation to comply with othei on"-io.-or. replacement requirements associated with other funding sor.c", (e.g., the Rental Assistance Demonstration, section 104(d) of the Housing and Community Development Act, etc.). _ (a) To be eligible for this exception to the hard-unit one-for-one ..ilu....nt criteria, the areaof the choice Neighborhoods development must meet both of the followingcriteria. HUD provides this data as part of the report generated from the C[oice Neighborhoods mapping tool. i. Be located in a county/parish with a currently and historically soft rental housing marketfor low-income renters. ii. Be located in a Core Based Statistical Area (CBSA) or non-CBSA County/parish wherevouchers currently in use are primarily in lower poverty neighborhoods. (b) Planning Grantees that would qualify for this exception may devise a TransformationPlan under this grant in accordance with the exception. Hbwever, an application for a ChoiceNeighborhoods Implementation Grant must comfly with the requirements set forth in thatNOFO. c' Sustainable Development. Transformation Plans must incorporate sustainable developmentpractices. The plan must address key Livability principles Page 26 of 60 office vabilitv Pri adopted by HUD and its federal partners, including but not limited to supporting compact developmlnt and proximity to and increased availability of transportation choices, amenities, services and employment opportunities. Grantees must include key stakeholders, agencies and experts in addressing these principles during the planning process, and identify how the plan uppti.. the Livability Principles to its project, and how outcomes will be measured. The plan sirould also maximize energy efficiency and water saving techniques and practices and improve the health of residents by adopting green building practices or standards to the extent feasible and affordable, including but not limited to incorporating renewable energy systems and proper ventilation. d. Energy Efficiency and Green Building Standards. Recognizing the fundamental role that HUD;s investments play in defining the physical form of communities and quality of life for residents, Planning Grant recipients must design their Transformation Plan to achieve certification by one of the recognized green rating programs for new construction or substantial rehabilitation (e.g. Enterprise Green Communities Initiative, the National Green Building Standards, or LEED New Construction) and become eligible to secure the LEED for Neighborhood Development designation from the United States Green Building Council of all or a portion of the neighborhood targeted in their Transformation Plan. e. Non-Fungibility for Moving To Work (MT\Y) PHAs. Funds awarded under this NOFO aie not fungible under MTW agreements and must be accounted for separately, in accordance with the Choice Neighborhoods Planning Grant Agreement, OMB Administrative Requirements and Cost Principles set forth in 2 CFR part 200, and generally accepted accounting principles (GAAP). i. O"rigr. HUD is seeking excellence in design. Grantees must carefully select architects and planneri, and enlist local affiliates of national architectural and planning organizations such as ihe American lnstitute of Architects, the American Society of Landscape Architects, the American Planning Association, the Congress for the New Urbanism, and the department of architecture at a local college or university to assist in assessing qualifications of design professionals or in participating on a selection panel resulting in the procurement of excellent design services. Grantees must select a design team committed to a process in which all resiJents, including young people, individuals with disabilities, limited English proficient persons, seniors, the broader community, and other stakeholders participate in designing the new community. The proposed site plan, new or rehabilitated units, and other buildings must be designed tt be compatible wittrand enrich the surrounding neighborhood. Local architecture and desiln elements and amenities should be incorporated into the new or rehabilitated homes so that the revitalized sites and structures will blend into and/or enhance the broader community. Site and building design must also incorporate accessibility standards. Housing, community facilities, und .o.-ercial space must be well integrated. Grantees must select members of their team who have the experience, training, and credentials to meet these requirements. G. Criteria for Beneficiaries. Not applicable for this NOFO. IV. Application and Submission Information. A. Obtaining an Application Package. Instructions for APPlicants. you must download-both the Application Instructions and the Application Package from Page27 of60 Grants.gov. You must verify that the Assistance Listing Number and Assistance Listing Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFO to which you are applying. The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFO and forms necessary for a complete application. The Instruction Download may include Microsoft Word, Microsoft Excel and additional documents. An applicant demonstrating good cause may request a waiver from the requirement for electronic submission, for example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS Number is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written mailed, shipped, or emailed request at least l5 calendar days before the application deadline and if you do not demonstrate good cause. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFO. To request a waiver, you must contact: Name: Email: ChoiceNei ghborhoods@hud. gov HUD Organization: Street: City: State: zip: B. Content and Form of Application Submission. You must verify that boxes ll,12, and l3 on the SF-424 match the NOFO for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package. Submission of an application that is otherwise sufficient, under the wrong Assistance Listing and Funding Opportunity Number is non curable unless otherwise stated in Threshold requirements. 1. Content. Forms/Assu rances/Certifi cations Notes/I)escription Application for Federal Assistance (sF424) Submission Requirement Submission is required for all applicants by the Page 28 of60 Forms/Assurances/Certifi cations Submission Requirement Notes/Description application due date. Disclosure of Lobbying Activities (SFLLL), if applicable HUD will provide instructions to grantees on how the form is to be submitted. If any 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 commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award. HUD Applicant Recipient Disclosure Report (HUD) 2880 Applicant/Recipient DisclosureAJpdate Report HUD will provide instructions to grantees on how the form is to be submitted. HUD instructions to grantees are provided by webcast, To view the webcast, click here. Planning Grants Table of Contents (HUD-53150) All applicants must complete and submit this form. As this form is updated annually, make sure to use the FY2l version provided in the grants.gov application package download Key Eligibility Data form (HUD- s3ts2) All applicants must complete and submit this form. Please note there are multiple tabs in the Excel workbook. Certification of Severe Physical Distress (HUD-53232) All applicants must complete and Page 29 of60 Forms/Assurances/Certifi cations Submission Requirement Notes/I)escription Leverage documentation cover sheet (HUD-53154) All applicants must complete and submit this form. Please note there are multiple tabs in the Excel workbook. Choice Neighborhoods planning Grant Application Certifi cation (HUD-53ls6) Previous Participation Certifi cation (HUD-253 0) Certification of Consistency with the Consolidated Plan (HUD- 2eet) OZ Certification (HUD -299 6) The application will earn points where the target housing site is located in a census tract that has been designated as an Opportunity Zone. Promise Zone (HUD-501 53)PZ Preference Points AdditionallY, Your complete application must include the following narratives and non-formattachments. Instructions on Application organization and Content. The following provides instructionson the organization and content of your application. It lists the narrative ixhibits andattachments, and instructions for each, that are required as part of the application. All narrativeexhibits, attachments, and forms are required to bi submitteO in you. uiiti.ation unlessotherwise indicated. Non-submission of any of the items below may lower your rating score ormake you ineligible for award under this NOFO. Review the threshold requirements in SectionIII'D and the Review Criteria in Section V.A for the criteria and to ascertain the effects of non-submission. Please be advised that not providing information clearly and consistently,and/or not providing exhibits and affachments in accordance with the instructions anddocumentation requirements in this NOFO, may negatively impact HUD's ability todetermine if your application meets threshold requiiemenis or to score your application. Page 30 of60 This could result in your application not being able to be scored and ranked or a lower score. Please also onty submit documents that are required to respond to a threshold requirement and/or .uting factor. HUD forms required by this NOFO will be made available at http://www.grants.gov/. -fnr list of narrative exhibits and attachments, and instructions for each, are specified below: (l) Table of Contents. Use form provided (form HUD-53150)' iZj Xarrative Exhibits. The narrative exhibits required in your applications are as follows: Exhibit A Executive Summary. There are often many communities that meet the Choice Neighborhoods criteria for housing need and poverty. Please describe why this neighborhood was selected and what defining neighborhood characteristics (both needs and assets) led to its selection. In your response, please describe the target neighborhood's and target housing's challenges, the current imagi of the neighborhood (including positive and negative aspects), the Neighbirhood Assets (as difined in thi;NOFO) on which your planning approach will build, and-what you plan to use this grant to achieve. Include a profile of the neighborhood demograpiics in comparison to the city (or county/parish). Provide a brief overview of the neigh6oihood planning process and identiff key partner organizations with which you will be *oiking. Include pr.li.irury observations on the neighborhood's market potential. Describe the basis of how the neighborhood boundaries were established. (Note: HUD reserves the right to ask applicants to provide evidence during the review process that the target neighborhood boundary is generally accepted.) (suggested 3 pages maximum) Exhibit B Requirements. Review and provide a narrative response, as necessary, to the Threshold Requirements in Section III.D. (suggested I page maximum) Exhibit C C-apacity. Review and provide a narrative response to V.A.l.A (suggested 6 pages maximum) Exhibit D Need - Structural and Design Deficiencies. Review and provide a narrative response to V.A.l.B (suggested 2 pages maximum) Exhibit E Soundness of Approach. Review and provide a narrative response to V.A.1.C (suggested l5 pages maximum) nxtriUit F Likelihood of Implementation - Alignment with Existing Efforts. Review and provide a narrative response to V.A.l.D.1 (suggested I page maximum) il; attactrments. The attachments required in an application, unless otherwise noted, are listed below. Attachment 1. Key Eligibility Data Form. Complete the form provided (form HUD-53152). provide backup documenlation, as applicable, in the appropriate attachment identified below. Attachment 2. Eligible Applicants Documentation. Review and respond to the requirements in III.A.l, as applicable. i. Certification for Multifamily Assisted Property Owners. ii. Nonprofit applicant. iii. Co-Applicant MOU or Letter of Agreement. iv. Letter from housing project owner. Attachment 3. Eligibte Target Housing Documentation - Severe Distress of Targeted project CertificatiJn. Review and respond to the requirement in III.A.2 by completing the form provided (form HUD-53232). Attachment 4. Eligible Neighborhood Documentation - Eligible Neighborhood Data. Review and lspond to the requirement in III.A.3 by providing the pdf received via email that contains data generated from the mapping tool provided on www.hud'gov/cn' Page 3l of60 Attachment 5. Resident Involvement Documentation. Review and respond to the requirement in lII.D.9 by providing the required resident notification documentation. Attachment 6. Documentation for Planning Partner or Planning Coordinator (if applicable). Review and respond to the rating factors in V.A.l.A.3 by providing the documentation required. Note: HUD will only review this documentation to determine if a formal relationship exists and not to evaluate the capacity of the planning partner. Attachment 7. Immediate Project Capital Needs. Review and respond to the rating factor in V.A.l .B.l .a by providing the documentation identified in that section. Attachment 8. Structural Deficiencies Documentation. Review and respond to the rating factor in V.A.l.B.l.b by providing the documentation identified in that section, as relevant. Include photographs as part of the documentation. Attachment 9. Design Deficiencies l)ocumentation. Review and respond to the rating factor in V.A.l .B.l .c by providing the documentation identified in that section, as relevant. Include photographs as part of the documentation. Attachment 10. Substandard Housing Documentation. If applicable, review and respond to the rating factor in V.A.l .8.2.b by providing the documentation identified in that section. Attachment I l. Part I Violent Crimes Documentation. Review and respond to the rating factor in V.A.l .8.2.c by providing the documentation identified in that section. Tribal entities can choose to mark this section as Tll/A' for Not Applicable. Attachment 12. Evidence of Partnerships. Review and respond to the rating factor in V.A.1.C.5 by providing the documentation required under that section. Attachment 13. Staffing Plan. Review and respond to the rating factor in V.A.1.C.7. Attachment 14. Planning Schedule. Review and respond to the rating factor in V.A.1.C.8. Attachment 15. Budget. Review and respond to the rating factor in V.A.l.C.9. Attachment 16. Documentation to Support Consistency with Consolidated Plan and PHA/MTW Plan. Review and respond to the rating factors in V.A.1.C.10 and V.A.l.C.l I by providing the documentation required under those sections. Attachment 17. Alignment with Existing Efforts. Review and respond to the rating factor in V.A.l.D.l by providing the documentation required under that section. Attachment 18. Evidence of Local Government Support and School District Support. Review and respond to the rating factors in V.A.l .D.2 and V.A.l .D.3 by providing the documentation required under those sections. Attachment 19. Leverage Documentation. Review and respond to the rating factor in V.A.l.E. Include the cover sheet provided (form HUD-53154). Attachment 20. Preference Points, if applicable. Review and respond to the rating factor in Y.A.2 by providing the required documentation. Attachment 2l: City and Neighborhood Maps. Provide city and neighborhood maps to- scale that clearly identify and label the target neighborhood, target housing, and other useful information to place the proposed project in the context of existing city streets, the central business district, other key city and neighborhood sites, census tracts, neighborhood assets, and other revitalization activity underway or planned. The City and Neighborhood Maps provide essential context for HUD reviewers, so it is essential that applicants provide a map that is readable and at a reasonable scale. The neighborhood map must show the same boundaries used to draw the neighborhood through the mapping tool that generated the eligible neighborhoods data required in Attachment 4. Attachment 22. Ctrrent Site Plan. Provide a Current Site Plan that shows and clearly labels Page 32 of60 the target housing site's various buildings. Demolished buildings should be shown and labeled as such. Label all uses and buildings adjoining the existing development. Attachment 23. Photographs of the Target Housing and Neighborhood. Submit photographs of the targeted severely distressed housing and neighborhood that illustrate the extent of distress as well as reflect the existing assets. Attachment 24. Choice Neighborhoods Application Certifications. Review and respond to the requirement in III.D.3 by completing the form provided (form HUD-53156). Attachment 25. Standard Forms. These forms are incorporated into the grants.gov system and thus do not need to be uploaded separately. The Lead Applicant must be the signatory for these forms. l. Application for Federal Assistance (SF-424). Applicants must include the nine-digit zip code (zip code plus four digits) associated with the applicant address in box 8d of the SF-424. The DUNS number used must have an active registration in SAM. 2. Certification Regarding Lobbying. All applicants except Federally recognized Indian tribes must submit this certification with their application. 3. Disclosure of Lobbying Activities (SF-LLL). If this form does not apply, indicate on the form (e.g., writing Tl/A') and submit it with your application. 4. Applicant/Recipient Disclosure/[Jpdate Report (form HUD-2880) 2. Format and Form. Narratives and other attachments to your application must follow the following format guidelines. 80 Pages maximum length of narratives Double spaced l2-point (minimum) Times Roman font on letter sized paper (8 ll2 x l l inches) with at least I -inch margins on all sides a. Application Layout. (l) The first part of an application is comprised of narrative exhibits. The narratives respond to requirements, rating factors, and other criteria in the NOFO, as indicated below. (2) The second part of an application is comprised of attachments. These documents also respond to the rating factors in the NOFO, as well as threshold and mandatory documentation requirements. They include documents such as maps, photographs, application data forms, and various certifications. (3) Any pages marked as sub-pages (e.9., with numbers and leffers such as 25A,258,25C), will be treated as separate pages; (4) If a section is not applicable, indicate Tll/A' as a clear indication to HUD (do not leave the section blank); (5) No more than one page of text may be placed on one sheet of paper (i.e., you may not shrink pages to get two or more on a page). Shrunken pages, or pages where a minimized/reduced font are used, will be counted as multiple pages; (6) Do not format the narrative exhibits in columns. Pages with text in columns will be counted as two pages; (7) Any tables included in the narrative exhibits of the application must also be double spaced or they will be counted twice. (8) All pages should be numbered. HUD recommends applicants consecutively number the pages of the Attachments section to ensure proper assembly of their application if printed. Page 33 of60 b. Format and Title Instructions. Each narrative exhibit and attachment should be uploaded as its own separate file, with a title page based on the organization instruction in the section above. Do NOT upload application that has multiple exhibits or attachments in the same file. HUD will use title pages as tabs when it downloads the application. Each title page should only contain the name of the narrative exhibit or attachment (e.g.,"Exhibit A Executive Summary") and the name of the Lead Applicant. WARNING: The file name should be less than 50 characters and not include spaces or special characters. Also, please note that Grants.gov is a system used by the entire Federal government and its structure does not necessarily reflect the Choice Neighborhoods NOFO (i.e. its attachment I does not explicitly mean the Choice Neighborhoods Attachment l). Applicants should zip together the multiple attachment files (in one or more zip files, depending on the size) they have prepared in accordance with this NOFO and plug them into the slots provided by Grants.gov. c. Application Page Count. (1) Each Choice Neighborhoods application must contain no more than 80 pages. Any pages beyond this limit will not be reviewed. HUD will not consider the information on any excess pages, which may result in a lower score. (2) Exceptions to page limits. The documents listed below constitute the only exceptions and are not counted in the page limit listed above. Extraneous information not requested in the NOFO that is provided in these attachments will be counted toward the page limit. o Additional pages submitted at the request of HUD in response to a technical deficiencyo Table of Contentso Eligible Applicants documentation (Attachment 2) o The report generated from the mapping tool received via email (Attachment 4)o Planning Partner or Planning Coordinator documentation (Attachment 6)o Evidence of Partnership letters (Attachment l2)o Documentation to support Consistency with Consolidated Plan and PHA/MTW Plan (Attachment 16) o Leverage documentation (Attachments l9). Application Certifications and Standard forms (Attachments24-25)o Tabs/title pages that are blank or display a title/header/'nla' indication C. System for Award Management (SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number. 1. SAM Registration Requirement. Applicants must be registered with https://www.sqa4qy_before submitting their application. Applicants must maintain current information in SAM on immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable. Information in SAM must be current for all times during which the applicant has an active Federal award or an application or plan under consideration by HUD. 2. DUNS Number Requirement. Applicants must provide a valid DUNS number, registered and active at htps://www.sam.gov/ in the application. DUNS numbers may be obtained for free from Dun & Bradstreet. Page 34 of60 3. Requirement to Register with Grants.gov. Anyone planning to submit applications on behalf of an organization must register at grants.gov and be approved by the E-Biz POC in SAM to submit applications for the organization. Registration for SAM and grants.gov is a multi-step process and can take four (4) weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through grants.gov. Complete registration instructions and guidance are provided on grants.gov. D. Application Submission Dates and Times. Application Due Date Explanation The application deadline is l1:59:59 PM Eastern Standard time on 0711312021 Applications must be received no later than the deadline, or, if HUD has issued you a waiver allowing you to submit your application in paper form, by HUD no later than the deadline. Submit your application to Grants.gov unless a waiver has been issued allowing you to submit your application in paper form. Instructions for submitting your paper application will be contained in the waiver of electronic submission. "Received by Grants.gov" means the applicant received a confirmation of receipt and an application tracking number from Grants.gov. Grants.gov then assigns an application tracking number and date-and timestamps each application upon successful receipt by the Grants.gov system. A submission attempt not resulting in confirmation of receipt and an application tracking number is not considered received by Grants.gov. Applications received by Grants.gov must be validated by Grants.gov to be received by HUD. "Validated by Grants.gov" means the application has been accepted and was not rejected with errors. You can track the status of your application by logging into Grants.gov, selecting "Applicants" from the top navigation, and selecting "Track my application" from the dropdown list. If the application status is "rejected with errors," you must correct the error(s) and resubmit the application before the 24-hour grace period ends. Applications in "rejected with errors" status after the 24-hour grace period expires will not be received by HUD. Visit Grants.gov for a complete description of processing steps after applying. HUD strongly recommends you submit your applications at least 48 hours before the deadline and during regular business hours to allow enough time to correct errors or overcome other problems. Grants.gov Customer Support. Grants.gov provides customer support information on its website at https://www.grants.gov/web/grants/support.html . Applicants having difficulty accessing the application and instructions or having technical problems can receive customer support from Grants.gov by calling (800) 518-GRANTS (this is a toll-free number) or by sending an email to support@grants.qov. The customer support center is open 24 hours a day, seven days per week, except Federal holidays. The phone number above may also be reached by individuals who are deaf or hard of hearing, or who have speech disabilities, through the Federal Relay Service's teletype service at 800-877-8339. Page 35 of60 You can verify the contents of your submitted application to confirm Grants.gov received everything you intended to submit. To verifu the contents of your submiued application: . Log in to Grants.gov. . Click the Check Application Status link, which appears under the Grant Applications heading in the Applicant Center page. This will take you to the Check Application Status page. o Enter search criteria and a date range to naffow your search results. . Click the Search button. To review your search results in Microsoft Excel, click the Export Data button. o Review the Status column, to view more detailed submission information, click the Details link in the Actions column. o To download the submitted application, click the Download link in the Actions column. Please make note of the Grants.gov tracking number as it will be needed by the Grants.gov Help Desk if you seek their assistance. HUD may extend the application deadline for any program if Grants.gov is offline or not available to applicants for at least24 hours immediately prior to the deadline date, or the system is down for 24 hours or longer and impacts the ability of applicants to cure a submission deficiency within the grace period. HUD may also extend the application deadline upon request if there is a presidentially declared disaster in the applicant's area. If these events occur, HUD will post a notice on its website establishing the new, extended deadline for the affected applicants. HUD will also include the fact of the extension in the program's Notice of Funding Awards required to be published in the Federal Register. In determining whether to grant a request for an extension based on a presidentially-declared disaster, HUD will consider the totality of the circumstances including the date of an applicant's extension request (how closely it followed the basis for the extension), whether other applicants in the geographic area are similarly affected by the disaster, and how quickly power or services are restored to enable the applicant to submit its application. PLEASE NOTE: Busy servers, slow processing, large file sizes, improper registration or password issues are not valid circumstances to extend the deadline dates or the grace period. 1. Amending or Resubmitting an Application. Before the submission deadline, you may amend a validated application through Grants.gov by resubmitting a revised application containing the new or changed material. The resubmitted application must be received and validated by Grants.gov by the applicable deadline. If HUD receives an original and a revised application for a single proposal, HUD will evaluate only the last submission received by Grants.gov before the deadline. 2. Grace Period for Grants.gov Submissions. Page 36 of60 If your application is received by Grants.gov before the deadline, but is rejected with errors, you have a grace period of 24 hours after the application deadline to submit a corrected, received, and validated application through Grants.gov. The date and time stamp on the Grants.gov system determines the application receipt time. Any application submitted during the grace peiiod not received and validated by Grants.gov will not be considered for funding. There is no grace period for paper applications. 3. Late Applications. An application received after the NOFO deadline date that does not meet the Grace Period requirements will be marked late and will not be received by HUD for funding consideration. Improper or expired registration and password issues are not causes that allow HUD to accept applications after the deadline. 4. Corrections to Deficient Applications. HUD will not consider information from applicants after the application deadline. HUD will uniformly notify applicants of each curable deficiency. See curable deficiency in the definitions section (Section I.A.3). Examples of curable (correctable) deficiencies include inconsistencies in the funding request and failure to submit required certifications. These examples are non-exhaustive. When HUD identifies a curable deficiency, HUD will notify the authorized organization representative identified on the SF 424 Application for Federal Assistance via email. This email is the official notification of a curable deficiency. Applicants must email corrections of curable deficiencies to applicationsupport@hud.gov within the time limits specified in the notification. The time allowed to correct deficiencies will be no less than 48 hours and no more than 14 calendar days from the date of the email notification. The start of the cure period will be the date stamp on the email sent from HUD. If the deficiency cure deadline date falls on a Saturday, Sunday, Federal holiday, or on a day when HUD's Headquarters are closed, then the applicant's correction must be received on the next business day HUD Headquarters offices in Washington, DC are open. The subject line of the email sent to applicationsupport@hud.gov must state: Technical Cure and include the Grants.gov application tracking number or the GrantSolutions application number (e.g., Subject: Technical Cure - GRANTI23456 or Technical Cure - XXXXXXXXXXX). If this information is not included, HUD cannot match the response with the application under review and the application may be rejected due to the deficiency. Corrections to a paper application must be sent in accordance with and to the address indicated in the notification of deficiency. HUD will treat a paper application submitted in accordance with a waiver of electronic application containing the wrong DLINS number as having a curable deficiency. Failure to correct the deficiency and meet the requirement to have a DUNS number and active registration in SAM will render the application ineligible for funding. 5. Authoritative Versions of HUD NOFOs. The version of these NOFOs as posted on Page 37 of60 Grants.gov are the official documents HUD uses to solicit applications. 6. Exemptions. Parties that believe the requirements of the NOFO would impose a substantial burden on the exercise of their religion should seek an exemption under the Riligious Freedom Restoration Act (RFRA). E. Intergovernmental Review. This program is not subject to Executive Order lz3Tz,lntergovernmental Review of Federal Programs. F. Funding Restrictions. 1. Statutory Time Limits. a. Required Obligation Date. Funds appropriated for the Choice Neighborhoods program for FY 2021must be obligated by HUD on or before September 30,2023. Any funds not obligated by that date will be recaptured by the Treasury and thereafter will not be available for obligation for any purpose. b. Required Expenditure Date. In accordance with 3l U.S.C. 1552,allFY 2O2l Choice Neighborhoods funds must be expended by September 30, 2028. Any funds not expended by that date will be cancelled and recaptured by the Treasury and thereafter will not be available for expenditure for any purpose. HUD reseryes the right to require an earlier expenditure deadline under a Grant Agreement. 2. Grant Sizing and Use of Grant Funds. The maximum award for a Planning Grant is $450,000. Of these funds, no more than $350,000 may be used to pay for cosis of the planning process. Up to $150,000 may be used toward Early Action Activities. (Accordingly, at least $100,000 must be dedicated to Early Action Activities if requesting the maximum grant award.) 3. Cost Control Standards. a. Cost estimates must represent an economically viable preliminary plan for designing, planning, and carrying out the proposed activities, in accordance with local costs of labor, materials, and services. b. Projected soft costs must be reasonable and comparable to industry standards and in accordance with the applicable policy, statute and/or regulations. 4. Budget Deductions. HUD may delete any unallowable items from the proposed budget and may reduce the grant amount accordingly. HUD will not fund any portion of an application that: (a) is not eligible for funding under specific HUD program statutory or regulatory requirements; (b) does not meet the requirements of this notice; or (c) is duplicative of other funded programs or activities from prior year awards or other selected applicants. Only the eligible portions of an application (excluding duplicative portions) may be funded. 5. Grant Reduction or Recapture. If an application is selected for funding, and the grantee subsequently proposes to make significant changes to the planning process, compared to what was presented in this application, HUD reserves the right to amend the award and reduce the amount or recapture the grant. Further, if a grantee fails to propose approvable Early Action Activities, HUD may amend the award to reduce the amount and recapture a portion of the grant. 6. Withdrawal of Grant Amounts. In accordance with section 24(i) of the 1937 Act, if a grantee does not proceed within a reasonable timeframe, HUD reserves the right to withdraw any funds the grantee has not obligated under its award. HUD may redistribute any withdrawn Page 38 of60 amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the Choice Neighborhoods plan of the original grantee. 7. Ineligible Use of Grant Funds a. Grantees may not use Choice Neighborhoods grant funds to pay for any activities carried out on or before the date of the letter announcing the award of the Choice Neighborhoods grant. b. Grantees may not use Choice Neighborhoods funds for the cost of Choice Neighborhoods grant appl ication preparation. c. Grantees may not use Choice Neighborhoods grant funds for any Ineligible Activities. Indirect Cost Rate. Statutory or Regulatory Restrictions Apply - ONLY if a statute or regulation imposes restrictions that are different from the indirect cost rate requirements in 2 CFR 200, OR there has been a HUD-wide decision to prevent program offices from seeking an approved deviation from the negotiated rates under the conditions provided by 2CFR 200.414(c). In accordance with section 24 of the U.S. Housing Act of 1937, as amended, funding under this program may only be used for direct costs. Therefore, indirect costs are not permitted under this NOFO. G. Other Submission Requirements. 1. Application, Assurances and Certifications. Standard Form 424 (SF-424) Application for Federal Assistance Programs is the government- wide form required to apply for Application for Federal Assistance Programs, discretionary Federal grants and other forms of financial assistance programs. Applicants for this Federal assistance program must submit all required forms in the SF-424 Family of forms, including SF- 4248 (Assurances of Non construction Programs) or SF424D (Assurances for Construction Programs).Applications receiving funds for both non-construction programs and construction programs must submit both the SF-424B and SF-424D. By signing the forms in the SF-424 either through electronic submission or in paper copy submission (for those granted a waiver), the applicant and the signing authorized organization representative affirm that they have reviewed the certifications and assurances associated with the application for Federal assistance and (l) are aware the submission of the SF-424 is an assertion that the relevant certifications and assurances are established and (2) acknowledge that the truthfulness of the certifications and assurances are material representations upon which HUD will rely when making an award to the applicant. If it is later determined the signing authorized organization representative to the application made a false certification or assurance, caused the submission of a false certification or assurance, or did not have the authority to make a legally binding commitment for the applicant, the applicant and the individual who signed the application may be subject to administrative, civil, or criminal action. Additionally, HUD may terminate the award to the applicant organization or pursue other available remedies. Each applicant is responsible for including the correct certifications and assurances with its application submission, including those applicable to all applicants, those applicable only to Federally recognized Indian tribes, or Alaska native villages and those applicable to applicants other than federally recognized Indian tribes or Alaska native villages. Page 39 of60 Assurances. By submitting your application, you provide assurances that, if selected to receive an award, you will comply with U.S. statutory and public policy requirements, including, but not limited to civil rights requirements. Applicants and recipients are required to submit assurances of compliance with federal civil rights requirements. ,See, e.g., Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of 1972, Section 504 of the Rehabilitation Act of lgT3,andtheAgeDiscriminationActof 1975;seealso24 C.F.R. $$ 1.5; 3.115;8.50;and 146.25. HUD accepts these assurances in the form of the SF-424B and SF-424D, which also require compliance with all general federal nondiscrimination requirements in the administration of the grant. V. Application Review Information. A. Review Criteria. Rati Factors. Rating Category ity to lead the planning process Resident and community engagement ity of the Planning Partner Immediate Project Capital Needs Structural defi ciencies Design deficiencies ighborhood Distress Poverty/Ell (Nei ghborhood poverty) Long-term vacancy or substandard homes Part I violent crime Need for affordable housing in the community Resident engagement ommunity engagement ssets and Needs assessment Visioning and decision-making Partnerships Page 40 of60 Doing while planning J Staffing plan 4 Planning schedule 2 Budget 2 Certification of Consistency with Consolidated Plan I Certification of Consistency with PHA/MTW Plan I subtotal t0 Likelihood of lmplementation Alignment with existing efforts 5 Local government support 5 School district support 2 subtotal t2 Leverage Leverage for planning 6 subtotal 6 Preference Points Opportunity Zones, HBCUs, or Promise Zones 2 TOTAL 102 CAPACITY Maximum Points:20 1. Capacity to Lead the Planning Process (10 points). This rating factor evaluates the organizational capacity, based on past experience of both the Lead Applicant and Co-Applicant (if applicable), to effectively lead and coordinate a comprehensive neighborhood planning process. What were the results of past neighborhood planning process(es), including physical neighborhood improvements, that you or your Co-Applicant led or coordinated? What is your and your Co-Applicant's experience with leading or coordinating partners in prioritizing strategies and creating a cohesive plan? How did you and your Co-Applicant effectively hold these parties accountable throughout the planning process and into the action phase? To demonstrate this past experience, the application must include specific examples that detail the Lead and Co-Applicant's extensive and successful experience in undertaking planning activities that support each of the three core goals of Housing, People, and Neighborhood. The description of the examples must include the start and end dates of when the activities occurred and should be within the past l0 years. Fewer points will be awarded for not responding to all questions, lack of detail, and/or lack of demonstrating capacity. HUD will also consider past performance in accordance with Section V.B.l in its evaluation of this rating factor. 2. Resident and Community Engagement (5 points). This rating factor evaluates the extent to which the application demonstrates that the examples of past planning process(es) described above and were influenced by the community, including residents, faith-based institutions, local business owners, and other community organizations. Applicants should provide concrete examples of resident and community engagement and the results of that engagement. What is Page 41 of60 the Lead or Co-Applicant's experience with conducting a comprehensive neighborhood-level or household-level asset and needs assessment? What is the Lead or Co-Applicant's experience leading a visioning process with residents and other community stakeholders? 3. Capacity of a Planning Partner (5 points). Successful planning processes frequently rely on the expertise of an additional planning partner. For purposes of this NOFO, HUD will consider the capacity of one planning partner - either an entity such as a local non-profit or philanthropy or a procured Planning Coordinator (defined in this NOFO). If there is no planning partner or Planning Coordinator that will assist in the planning process, then respond rrN/A'r and the capacity of the Lead and Co-Applicant as described in the Capacity to Lead the Planning Process rating factor will be assigned up to l5 points instead of up to 10 points. If there is a planning partner or Planning Coordinator, the application will earn points based on the entity's capacity to supplement the Lead and Co-Applicant's capacity to undertake a comprehensive planning process. Please clearly identify the partner to be evaluated and provide specific examples within the past l0 years that demonstrate entity's experience in conducting a asset and needs assessment; leading a visioning process with residents and stakeholders; leading partners in prioritizing strategies and creating a cohesive plan; and building the capacity of partners/clients in a prior planning process. For a partner to be considered under this rating factor, include in the attachments a signed letter or document from the partner indicating their commitment to help lead the planning process and help build your capacity to lead the planning process. If this partner is a Planning Coordinator, the Planning Coordinator's capacity will only be evaluated for this rating factor if you include documentation in your attachments that demonstrates you have procured the entity with either a binding contractual agreement in place or you have provided a selection letter to the Planning Coordinator and will enter into a binding contractual agreement. If the contract between the Lead Applicant and the Planning Coordinator has been executed, submit a copy of the contract. If the Lead Applicant has not executed the contract, submit a copy of the procurement selection letter from the Lead Applicant to the Planning Coordinator. The agreement must be between the Lead Applicant and the Planning Coordinator. The letter or contract must identify duties/tasks for which the Planning Coordinator will be responsible related to this grant and make clear that the agreement will last for the term of the grant. The documentation provided in the attachments will only be reviewed to determine the formal relationship exists and not to evaluate the capacity of the planning partner. Rather, the capacity of the planning partner will be evaluated based on the information provided in the narrative exhibit. HUD also will consider past performance in accordance with Section V.B.l in its evaluation of this rating factor. Note: If an application includes a planning partner for this rating factor, the applicant will be required to secure HUD's approval, if funded, prior to dismissing and/or replacing the planning partner or effecting any material change to its roles and responsibilities. NEED Maximum Points: 22 1. Severe Physical Distress of the Target Housing. HUD will evaluate the extent of the severe physical distress ofthe public and/or assisted housing project(s) that are proposed for redevelopment as pan of the Choice Neighborhoods grant. (a) Immediate Project Capital Needs (3 points). An application will be evaluated based on the estimated cost of immediate project capital needs as determined by a Physical Needs Assessment (PNA, as defined in this NOFO) that has been conducted within the last three years for the target public and/or assisted housing project(s). Provide a copy of the PNA's immediate Page 42 of 60 capital needs replacement schedule and the PNA's executive summary. The executive summary must be dated and on the letterhead of the entity that conducted it. It should provide a narrative explanation of the immediate replacement needs and costs noted in Year I of the housing project's PNA replacement schedule. These applicable PNA excerpts must show the Project's total estimated current costs of immediate project capital needs (not a multi-year life cyile projection) for the entirety of the target housing project(s). If the PNA was completed more than one year prior to the publication date of this NOFO, you must also include an update by the project's owner indicating which improvements identified in the PNA have been compieted. HUD will then calculate the per unit cost as a percentage of the applicable Total Development Cost limit (TDC Limit), as defined at 24 CFR 905.314, in effect at the time this NOFO is published (posted on September 29,2020), for a two-bedroom walkup unit. If this application is for more than one public and/or assisted housing project, a PNA excerpt must be submitted for each site and HUD will calculate a weighted average in order to award points. If the targeted units are public housing and HUD has already approved a Section l8 demolition of the targeted units, submit a copy of HUD's letter approving the demolition to receive full points. If the targeted units are Indian Housing that have been demolished, the application will receive full points if it contains a copy of the written notification of demolition provided to HUD in accordance with24 CFR 1000.134. Zero points will be awarded if the documentation is not provided in accordance with the criteria stated above. If the required documentation is provided, points will be awarded based on the following table: Estimated Rehabilitation Needs as Percent of TDC Limit Points Awarded 60.00 percent and above J Between 45.00 and 59.99 percent 2 Between 35.00 and 44.99 percent I Less than 35.00 percent 0 (b) Structural Deficiencies (4 points). An application will be evaluated based on the extent to which it demonstrates significant deficiencies in the physical structural elements, building systems, and on-site infrastructure of the targeted public and/or assisted housing units such that significant rehabilitation or demolition is required. Examples of structural elements include roofs, foundations, and structural walls. Building systems include electrical, plumbing, heating and cooling, and mechanical systems. On-site infrastructure includes site work, sewer and storm drain laterals, or other on-site utilities. If the targeted units are public housing and HUD has already approved a Section l8 demolition of the targeted units, submit a copy of HUD's letter approving the demolition to receive fullpoints. If the targeted units are Indian Housing that have been demolished, the application will receive fullpoints if it contains a copy of the written notification of demolition provided to HUD in accordance with 24 CFR 1000.134. If this application is for more than one public and/or assisted housing project, descriptions must be submitted for each site and HUD will consider documentation provided for all properties. This may be demonstrated in an application through narrative description, additionalphysical inspection information, letters from relevant oversight agencies, and/or pictures in the attachments section. Fewer points may be awarded for descriptions that are inadequate and/or demonstrate less severe distress. Zero points will be awarded if the documentation does not demonstrate severe distress, the deficiencies are cosmetic or require routine repair/maintenance, Page 43 of60 or does not provide adequate information to make HUD's rating of this factor possible. (c) Design Deficiencies (4 points). An application will be evaluated based on the extent to which it demonstrates that there are fundamental design deficiencies, of a type and character that require substantial rehabilitation or reconstruction to fully address, related to:(l) substantially inappropriate building design or site layout and street connectivity when compared to the surrounding neighborhood which may include inappropriate density; (2) inadequate room size and/or unit configurations to meet the needs of existing residents; (3) lack of defensible space related to building layout and orientation; (4) disproportionately high and adverse environmental health effects associated with ongoing residency; (5) physical inaccessibility for persons with disabilities with regard to individual dwelling units (e.g., fewer than five percent designated accessible mobility units and two percent designated accessible sensory units), entrances/entryways, and common areas; and (6) significant utility expenses (at least 30 percent higher than similar properties) caused by energy conservation deficiencies that may be documented by an energy audit. This may be demonstrated in an application through narrative description, additional physical inspection information, letters from relevant oversight agencies, and/or pictures in the attachments section. If this application is for more than one public and/or assisted housing project, descriptions should be submitted for each site and HUD will consider documentation provided for all properties. If the target housing has already been demolished, then the narrative must demonstrate design deficiencies at the time of demolition. The application will receive 4 points if it demonstrates fundamental design deficiencies, of a type and character that require substantial rehabilitation or reconstruction to fully address, in 3 or more of these deficiencies Fewer points will be awarded for applications that address fewer than 3 items, demonstrate less severe distress, andlor for responses that are inadequate. The application will receive 0 points if it does not address any of these items, does not demonstrate distress, or does not address this subfactor to an extent that makes HUD's rating of this subfactor possible. 2. Severe Distress of the Targeted Neighborhood. Choice Neighborhoods is intended to be a tool to help communities turn around the most distressed neighborhoods. HUD will evaluate the level of this neighborhood-wide distress by examining neighborhood poverty, Part I violent crime rates and vacancy rates. (a) Neighborhood Poverty (6 points). An application will be evaluated based on the concentration of households in poverty or with extremely low incomes (whichever is greater) residing within the target neighborhood. HUD will use the same data from the mapping tool as used for the Eligible Neighborhood requirement to assign points for this factor. ncentration of Households in Poverty or with Extremely Low Incomes Points Awarded .00 percent and above Between 33.00 and 39.99 percent 6 4 Between 25.00 and 32.99 percent 2 Less than 25.00 percent 0 Page 44 of 60 (b) Long-term Vacancy or Substandard Homes (2 points). An application will be evaluated based on the current rate of long-term vacant properties or substandard homes within the target neighborhood. Only applicants targeting Indian housing may be evaluated based on substandard homes. i. An application will earn points for the higher of either the rate of vacant housing or the ratio of vacant housing in the neighborhood to the county/parish in accordance with the table below. HUD will use data from the mapping tool to determine the vacancy rate for this scoring criteria and the Eligible Neighborhood requirement. Current Long-Term Vacancy Rate in the Target Neighborhood Current Long-Term Vacancy Rate in the Neighborhood is X times the County/Parish Rate Points Awarded 14.00 percent and above 4.00 and above 2 Between 7.00 and 13.99 percent Between 2.00 and3.99 I Less than 7.00 percent Less than 2.00 0 ii. Alternatively, applications targeting Indian housing can be evaluated based on the percentage of occupied housing units lacking complete plumbing facilities, as indicated by the most recent data from the American Community Survey (ACS) for your neighborhood. If the rate is 8.00 percent or above, the application will eam2 points. If the rate is between 4.00 and 7.99 percent, the application will earn I point. ACS data from census tracts that cover the majority of the neighborhood can be used to approximate neighborhood-level data (please indicate tracts). The application must include a photocopy/print out of published data including the relevant full page or pages from the original source, such as a printed publication or website, and the source must be identifiable on the photocopy/print out itself, for example through a header or footer identifying the publication or a website link in the attachments. (c) Part I Violent Crime Rate (2 points). An application will be evaluated based on the rate of Part I violent crimes for the precinct/PSA in which the target housing is located for the three years 201 7 -2019 (measured as Part I violent crimes per 1,000 persons). You must submit data for each ofthe three years, and preferably break out the number ofincidences for each ofthe four classifications of Part I violent crimes, in the attachments as a letter of certification from the local law enforcement agency. Points will be awarded for the higher of the 3-year average for either the rate compared to the city/county/parish or the rate in accordance with the applicable table below. This rating factor does not apply to applicants who are tribal entities. Applications targeting Indian housing will automatically be awarded full points and do not need to submit the crime documentation listed above. Pan I Violent Crime Rate - crimes per 1000 residents in precinct/PSA of Target Housing Part I Violent Crime Rate of precinct/PSA is X times the Cityicounty/Parish Rate* Points Awarded 24.00 or more 2.25 or more 2 Between 19.00 and 23.99 Between 1.75 and2.24 1 Less than 19.00 Less than 1.75 0 Page 45 of60 *In non-metropolitan areas, if the Precinct/PSA is coterminous with the County/Parish, the applicant may compare its Part I violent crime rate to that of the state. Zerc points will be awarded if the data are not for the time-period specified (calendar years 2017-2019), in the format required (i.e. shows each of the three years individually, indicates the number of incidents per 1,000 residents), or otherwise inadequate to make HUD's rating of this factor possible. 3. Need for Affordable Housing in the Community (l point). An application will receive I point if the Choice Neighborhoods project is in a county/parish where the shortage of housing affordable to very low-income (VLI) renter households (0 to 50 percent AMI) is greater than the national rate using the most currently available census data. HUD will use data included in the mapping tool for this rating factor. The shortage rate is calculated as the number of VLI renter trouseholds divided by the number of rental units affordable and available to VLI households, where affordable and available equals units that: (1) have rents not exceeding 30 percent of 50 percent of AMI; and (2) are vacant or occupied by a VLI renter household. SOUNDNESS OF APPROACH Maximum Points: 40 This factor addresses the quality and feasibility of the proposed work plan and evaluates how well applicants have developed a sound and achievable strategy for leading a collaborative planning process that will develop a comprehensive Transformation Plan aligned with the three core goals of Choice Neighborhoods - Housing, People, and Neighborhood. 1. Resident Engagement (7 points). Points will be awarded based on the extent to which the application demonstrates how residents of the target housing will be meaningfully engaged in the planning process. How will you conduct continuing outreach to target housing residents and encourage a broad range of target housing residents to engage in the planning process? How will you ensure target housing residents influence the Transformation Plan, including the vision, priorities, and strategies? How will you build capacity among target housing residents to participate? What strategies will you employ to ensure effective communication for individuals with disabilities and provide meaningful access to limited English proficient persons? 2. Community Engagement (5 points). Points will be awarded based on the extent to which the application demonstrates how other neighborhood residents and community-based partners, including community organizations, faith-based institutions, anchor institutions, and local business owners, will be meaningfully engaged in the planning process. How will you conduct continuing outreach to these populations to engage them throughout the planning process? How will you ensure neighborhood residents and community-based partners influence the Transformation Plan, including the vision, priorities, and strategies? 3. Assets and Needs Assessment (5 points). Points will be awarded based on the quality of your plan to assess your community's unique needs and assets to influence the Transformation Plan. How will you identify: current needs and assets; what has and has not worked; the quality of existing services and amenities; and potential barriers and opportunities related to Housing, Neighborhood, and People? How will you conduct your household-level needs assessment and ensure a high rate of response? From which other partners and sources will you collect needs Page 46 of60 assessment data and how will you do this? In what other ways will you capture open-endedinformation from residents and stakeholders to explore the meaning behini needs assessment results? 4. Visioning and Decision-Making (4 points). Points will be awarded based on the soundnessof your approach to facilitate visioning and decision-making within the planning process. Howwill your process create, in partnership with residents and stakeholders, a shareJ ririon for the neighborhood that is specific to the strengths and challenges of the neighborhood? How will you select shared goals that are measurable, and who will be involved in this process? How will you collectively prioritize among multiple, differing strategies to create a cohisive Transformation Plan, and who willbe involved in this process? 5. Partnerships (6 points). Points will be awarded based on the breadth, quality, and depth of your partnerships as they relate to the neighborhood needs and their contribution to the planning process. Who are the partners that have committed to substantially contribute to the planning process to develop the Transformation Plan, including partners in the areas of housing, neighborhood, public safety, education, employment, and health? What will their roles be in the planning process and how will they substantially contribute to the Transformation plan? With what partners have you not yet engaged but plan to, and what is your strategy for building these additional partnerships? In your attachments, please include unique, individual letters (no1 form letters) from your partners that indicate their support of the proposed planning process and describe their role in it (such as contribution of resources and expertise related io specific tasks and components of the planning process, leadership positions in working groups oi committees, etc.). 6. Doing While Planning (3 points).'Doing while planning'projects can increase confidence in the neighborhood, respond to community concerns in real time, and help convince skeptical stakeholders that positive change is possible. Such projects should be designed to foster community engagement, respond to community needs, and enhance the neighborhood. Successful applicants can choose to fund this project(s) through leveraged commitments and/or the Choice Neighborhoods Early Action Activities funds (as defined in this NOFO). 'Doing while planning'projects using Early Action Activities funds must be limited to the activities listed in this NOFO, whereas'doing while planning'projects funded by leveraged commitments are not limited to this list. No matter what funding sources are used, the following projects will not be considered under this rating factor: supportive services, marketing, basic infrastructure, basic municipal services, housing development (e.g. demolition, construction, or rehabilitation), or relocation. Points will be awarded based on the proposed process for devising and selecting 'doing while planning' proj ects. 7. Staffing Plan (4 points). Applicants should have a detailed and feasible staffing plan for completing all of the proposed planning activities and positioning the plan well for implementation. The staffing plan should include an organizational chart that identifies the various organizations participating in the planning effort and shows their relationship to each other in the governance structure (e.g., decision makers, advisors, stakeholders, working groups). It should identify the principal staff positions and the percentage of their time that will be dedicated to the planning process, including a "project manager" responsible for the whole Page 47 of60 grant, employed by the Lead Applicant or Co-Applicant, that will devote a significant amount of time to the planning process. It should also indicate which roles already have specific people named to them and which roles need to be filled. Provide a description of the staffing plan in the narrative exhibits and the organizational chart in the attachments. 8. Planning Schedule (2 points). Applicants should have a detailed and feasible schedule for completing all of the proposed planning activities within 24 months of the effective date of the Grant Agreement, including required activities listed in Section III.F.l.a, other eligible activities proposed as part of the planning process to develop the Transformation Plan, and doing while planning project(s). The schedule should identify each significant activity and milestone required for completing the planning process and should list the planned start and completion dates of all tasks. The application may include additional description of the schedule in the narrative exhibits. 9. Budget (2 points). Applicants should have a budget for the planning activities related to the grant, including required activities listed in Section III.F.1.a, other eligible activities proposed as part of the planning process to develop the Transformation Plan, and the proposed doing while planning project(s). As HUD recognizes Early Action Activities will be identified through the planning process, applicants may designate requested funds as a line item labeled, "Early Action Activities TBD." The budget will be evaluated based on the extent to which it shows projected sources and thoroughly estimates all applicable costs in a clear and coherent format, and the extent to which the projected sources are sufficient for the scope of the proposed planning process. Provide a detailed Sources and Uses statement that reflects all funding in the attachments. Include all anticipated funding sources (e.g. the CN grant, proposed match, proposed leverage, and other funding that is neither match/nor leverage) and identify each in a separate column from other funds. The application may include additional description of the budget in the narrative exhibits as needed to provide further detail on costs and/or restrictions associated with other sources. 10. Certification of Consistency with Consolidated Plan (l point). An application will receive I point if the proposed planning process is consistent with the Consolidated Plan for the jurisdiction in which the target neighborhood is located. All applications must include the Certification of Consistency with the Consolidated Plan (form HUD-2991) in the attachments. Applications that target Indian housing will automatically be awarded I point and do not need to submit any documentation. 11. Certification of Consistency with PHA/MTW Plan (1 point). If the target housing includes public housing, an application will receive I point if the proposed planning process is consistent with the PHA Plan or MTW Plan. For such applications, include a letter signed by the PHA Executive Director or Board Chair certiffing that the intention to plan for the redevelopment of the target housing site is included in the most recently approved PHA/MTW Plan. Applications that target assisted housing will automatically be awarded I point and do not need to submit any documentation. LIKELIHOOD OF IMPLEMENTATION Maximum Points: 12 These rating factors evaluate the extent to which each applicant demonstrates the planning process proposed in this application will build on or create sustainable momentum that persists Page 48 of60 through implementation. 1. Alignment with Existing Efforts (5 points). An application will receive 5 points if the target housing and the surrounding neighborhood are located in an officially designated investment priority area (e.g., redevelopment area, Tax Increment Finance district, CDBG Neighborhood Revitalization Strategy Area, etc.). Tribal entities may receive full points if an Indian Community Development Block Grant has been secured for a project in the target neighborhood and that project is currently underway. An officially designated investment priority area is meant to show that the local government has designated this particular neighborhood, over other neighborhoods, as a priority for investment. All applicants must provide a copy of the relevant section from an official plan or a letter from the appropriate official in the attachments in order to demonstrate that the application meets the criteria under this rating factor. The documentation must describe what the designation means for the target neighborhood and how it relates to/will enhance the proposed Choice Neighborhoods planning process. It must also indicate under what authority the designation was made (e.g.by City Council ordinance), when the designation took effect, and if it has an end date or not. The boundaries of the investment priority area and target neighborhood must be substantially the same and contain the target housing project identified in this grant application. Zero points will be awarded if the required documentation is not provided or if the designation is only pending. 2. Local Government Support (5 points). An application will receive 5 points if it contains a letter signed by the chief executive officer or highest-ranking Housing/Community Development/Planning official of the local government ofjurisdiction that indicates official support for this planning process and details how key staff will be actively engaged. This document must be submitted in the attachments. If the local government is Lead Applicant or Co-Applicant, this letter does not need to be provided and the application will automatically receive full points. Tribal entities will receive full points if the application contains a tribal resolution or its equivalent indicating support for this planning process. 3. School District Support (2 points). An application will receive 2 points if it contains a letter signed by either the superintendent of the local public school district or, if there is a K-12 public school in the neighborhood, the school principal that indicates support for this planning process and details how key staff will be actively engaged. This document must be submitted in the attachments. LEVERAGE Maximum Points: 6 HUD views leveraged commitments as an indicator of support in the community for this comprehensive neighborhood planning effort. These additional funds will also increase the effectiveness of the proposed grant activities. These rating factors evaluate the extent to which the application demonstrates that the Lead Applicant and Co-Applicant (if any) have secured financial commitments, in the form of cash, from other sources to carry out the activities proposed in this application, in accordance with the criteria below. 1. Program Requirements that Apply to Leverage. Applicants must follow these requirements in compiling and documenting leverage for purposes of the NOFO. Otherwise, it may not be possible for HUD to count the commitment at the level claimed. These general requirements apply to all leverage commitments. Page 49 of60 (a) Firmly Committed. Funding must be firmly committed by an official of the committing organization with authority to make such a commitment as of the application deadline date. "Firmly committed" means that the funding amount and its dedication to Choice Neighborhoods planning activities is explicit. Endorsements or general letters of support from organizations or vendors alone will not count as resources and should not be included in the application. (b) Content. Leverage commitment documents supporting the planning process must indicate the dollar amount of the financial commitment as well as the element(s) of the Choice Neighborhoods planning process for which it is being committed. The commitment document must also explicitly state whether the funds are being committed to the Lead Applicant, Co- Applicant, or the planning partner identified in the rating factor for capacity (note: this excludes funds committed to a procured Planning Coordinator). (l) HUD will not accept funding commitments for supportive services, infrastructure, housing development (e.g. acquisition, rehabilitation, demolition, or construction), and relocation as these are ineligible activities under a Planning Grant. Cash commitments for physical projects will only be accepted if they are directly related to the "doing while planning" projects that are part of this grant application. (2)lf a commitment document is for more than one activity, each should be indicated individually in the document rather than in one lump sum. (3) An example of a valid and accurate commitment:"XYZ Foundation commits to providing [the Planning Partner] with $50,000 to conduct the household level needs assessment of residents of ABC public housing development." (c) Signature. Funding commitments must be signed and dated by a person authorized to make the commitment. For example, the PHA's Executive Director cannot commit the funds of another agency, organization or government body (unless you can demonstrate otherwise in the application). (d) Letterhead. Commitment letters must be on letterhead or they will not be accepted. (e) If the commitment document is not included in the application and submiffed before the application deadline date, it will not be considered. (f) Funds to pay the staff salary and benefits of the Lead Applicant and/or Co-Applicant are not an eligible leverage resource. (g) Sources of Leverage. Funding may come from a variety of sources, including any of the following: (l) Public, private, and nonprofit entities; (2) State and local housing finance agencies; (3) Local governments; (4) Tribal entities and Tribal organizations eligible under Title I of the Indian Self- Determination and Education Assistance Act; (5) Foundations; (6) Government Sponsored Enterprises such as the Federal Home Loan Bank, Fannie Mae, and Freddie Mac; (7) HUD and other federal agencies, provided the statutory language of the funding source allows the funds to be used for these purposes. Public Housing funds and other funding provided under the U.S. Housing Act of 1937, as amended, may not be used as match or leverage. Accordingly, if a PHA is providing a leverage commitment, the letter must clearly identify the source of funding of that commitment. In the case of HUD's Community Development Block Grant (CDBG) funds, the work activity must be included in the CDBG Page 50 of60 recipient's annual action plan. Such plans may be amended to include the Choice Neighborhoods funded activity(ies); (8) Financial institutions, banks, or insurers; and (9) Other private funders. (h) Match. For purposes of this NOFO, "match" and "leverage" do not have the same meaning. As required by the section 24 statute, grantees must have a match of at least 5 percent by the end of the grant term. The match does not have to be secured at the time of the grant application. To encourage applicants to have funds committed from the outset, the grant application will earn points for having leveraged funds committed. Some funds claimed as leverage in the grant application may be used to meet the five percent match requirement (see Section III.C). 2. Rating. An application will earn points in accordance with the table below based on the amount of cash leverage commitments for the planning process (including Early Action Activities) relative to the amount of grant funds requested. Cash Leverage Commitments as Percent of Grant Funds Requested (MSA greater than 500,000) Cash Leverage Commitments as Percent of Grant Funds Requested (MSA 500,000 or less or targeting Indian housing) Points Awarded 70 percent and above 35 percent and above 6 Between 60.00 and 69.99 percent Between 30.0 and 34.99 percent 5 Between 50.00 and 59.99 percent Between 25.00 and 29.99 percent 4 Between 40.00 and 49.99 percent Between 20.00 and 24.99 percent aJ Between 25.00 and 39.99 percent Between 12.50 and 19.99 percent 2 Between 10.00 and 24.99 percent Between 5.00 and 12.49 percent I Below 10.00 percent Below 5.00 percent 0 2. Other Factors. This program does not offer points for Section 3. Preference Points HUD encourages activities in support of the Secretary's Initiatives. HUD may award no more than two (2) points for any of the three (3) preferences (OZ,PZ or HBCU). Each preference is worth two points and only one preference can apply to any situation, meaning that applicants will ONLY be awarded 2 points for being within anOZ,PZ or involving HBCUs. Opportunity Zones. Opportunity Zone (OZ) Certification: HUD encourages activities in Opportunity Zones. To receive two (2) points for this preference, applicants proposing projects in an Opportunity Zone community must submit the Certification for Opportunity Zone Preference Points (HUD-2996) that identifies the state, county and census tract(s) of the opportunity zone(s) in which the activity will be carried out. To view the list of designated Opportunity Zones, please see the following link on the U.S. Department of the Treasury website: Page 5l of60 https ://opportun ityzones. hud. gov/ Applicants who do not complete this form and submit it along with the rest of their application package will not be eligible to receive the points. Additionally, applicants who do complete and submit this form, but indicate they intend to use less than 50% of the award within Opportunity Zone tracts, will also be ineligible to receive preference points, unless: a.) the applicant can show why they are unable to expend at least 50% of the grant award within Opportunity Zone designated tracts, or b.) the applicant is able to make a compelling case for why the amount that will be expended will have a significant impact within Opportunity Zone designated tracts. Click here to view HUD's Opportunit), Zones webpage. The application will earn points if any unit of the target housing site is located in a census tract that has been designated as an Opportunity Zone. HBCU. An applicant partnering with a Historically Black College or University (HBCU) will receive up to two (2) Preference Points when the application includes a Letter of Commitment certiffing that an HBCU Partnership is in place and signed by an authorizing official of the HBCU and documentation of the college or university's status as an HBCU. Click here to view the list of accredited HBCU's Promise Zones HUD encourages activities in Promise Zones (PZ). To receive Promise Zones Preference Points, applicants must submit form HUD-50153, "Certification of Consistency with Promise Zone Goals and Implementation," signed by the Promise Zone Official authorized to certiff the project meets the criteria to receive preference points. To view the list of designated Promise Zones and persons authorized to certify, please see the Promise Zone pages on HUD's website. B. Review and Selection Process. 1. Past Performance In evaluating applications for funding, HUD will consider an applicant's past performance in managing funds. Items HUD will consider include, but are not limited to: The ability to account for funds in compliance with applicable reporting and recordkeeping requirements; Timely use of funds received from HUD; Timely submission and quality of reports submitted to HUD; Meeting program requirements; Meeting performance targets as established in the grant agreement; The applicant's organizational capacity, including staffing structures and capabilities; Timely completion of activities and receipt and expenditure of promised matching or leveraged funds; Producing positive outcomes and results. Page 52 of60 HUD may reduce scores based on the past performance review, as specified under V.A. Review Criteria. Whenever possible, HUD will obtain past performance information. If this review results in an adverse finding related to integrity of performance, HUD reserves the right to take any of the remedies provided in Section III E., Statutory and Regulatory Requirements Affecting Eligibility, "Pre-selection Review of Performance" document link above. 2. Assessing Applicant Risk. In evaluating risks posed by applicants, HUD may use a risk-based approach and may consider any items such as the following: o Financial stability; o Quality of management systems and ability to meet the management standards prescribed in this part; o History of performance. The applicant's record in managing Federal awards, if it is a prior recipient of Federal awards, including timeliness of compliance with applicable reporting requirements, failing to make significant progress in a timely manner, failing to meet planned activities in a timely manner, conformance to the terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded amounts will be expended prior to future awards;o Reports and findings from audits performed under Subpart F-Audit Requirements of this part or the reports and findings of any other available audits; ando The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities. HUD's selection process is designed to ensure that grants are awarded to eligible applicants that submit the most meritorious applications. HUD will consider the information submitted by the application deadline date. After the application deadline date, HUD cannot, consistent with its regulations in 24 CFR part 4, subpart B, consider any unsolicited information that the applicant or any third party may want to provide. HUD may veriff information provided in the application as needed by accessing information in HUD systems (e.g. PIC, TRACS, etc.) or by sending a written request for clarification. Responses to such inquiries will be required within 2 business days. a. Application Screening. (l) HUD will screen each application to determine if the Key Eligibility Criteria in Section III.A are met (including screening for technical deficiencies). If it does not, the application will be deemed ineligible and willnot receive further review. If yes, then HUD will screen the application to determine if it meets the other threshold criteria listed in Section III.D (including screening for technical deficiencies). (2) Corrections to Deficient Applications - Cure Period. In accordance with Section IV.D.4, corrections of technical deficiencies must be submitted within three business days of the date of the notification from HUD. Examples of curable (correctable) technical deficiencies include, but are not limited to, inconsistencies in the funding request, omissions on the Key Eligibility Data form, and failure to submit a signature and/or date on a certification. (3) Applications that will not be rated or ranked. HUD will not rate or rank applications that are deficient at the end of the cure period or that have not met the Threshold Requirements described in Section III.D. Such applications will not be eligible for funding. b. Preliminary Rating and Ranking. Reviewers will rate each eligible application based Page 53 of60 SOLELY on the rating factors described in Section V.A and assign a preliminary score for each rating factor and total score. HUD will then rank applications in score order. c. Final Panel Review. A Final Review Panel will: (l) Review the Preliminary Rating and Ranking documentation to ensure any inconsistencies between preliminary reviewers are identified and rectified and to ensure the Preliminary Rating and Ranking documentation accurately reflects the contents of the application. (2) Assign a final score to each application and rank them in score order; and (3) Recommend for selection the most highly rated applications, subject to the amount of available funding. d. Selection Considerations: (l) Minimum scoring. If an application does not eam at least 50 percent of the points for each overall Rating Factor category in Need, Capacity and Soundness of Approach, HUD reserves the right not to award a grant for that application. (2) Tie Scores. If two or more applications have the same score and there are insufficient funds to select all of them, HUD will select the application(s) with the highest score for the overall Need Rating Factors. If a tie remains, HUD will select the application(s) with the highest score for the overall Soundness of Approach Rating Factors, then overall Capacity Rating Factors. e. Remaining Funds. HUD reserves the right to reallocate remaining funds from this NOFO to other eligible activities under section 24 of the 1937 Act, including Choice Neighborhoods Implementation Grants. If the total amount of funds requested by all applications found eligible for funding under this NOFO is less than the amount of funds available from this NOFO, all eligible applications will be funded in rank order and those funds in excess of the total requested amount will be considered remaining funds. If the total amount of funds requested by all applications found eligible for funding under this NOFO is greater than the amount of funds available from this NOFO, eligible applications will be funded until the amount of non-awarded funds is less than the amount required to feasibly fund the next eligible application. In this case, the funds that have not been awarded will be considered remaining funds. YI. Award Administration Information. A. Award Notices. Following the evaluation process, HUD will notifu successful applicants of their selection for funding. HUD will also notify other applicants, whose applications were received by the deadline, but have not been chosen for award. Notifications will be sent by email to the person listed as the AOR in item 2l of the 5F424. Negotiation. After HUD has made selections, HUD will negotiate specific terms of the funding agreement and budget with selected applicants. If HUD and a selected applicant do not successfully conclude negotiations in a timely manner, or a selected applicant fails to provide requested information, an award willnot be made to that applicant. In this case, HUD may select another eligible applicant. HUD may impose special conditions on an award as provided under 2 CFR 200.208: . Based on HUD's review of the applicant's risk under 2 CFR 200.206;. When the applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award; Page 54 of60 ' When the applicant or recipient fails to meet expected performance goals contained in a Federal award;or . When the applicant or recipient is not otherwise responsible. Adjustments to Funding. To ensure the fair distribution of funds and enable the purposes or requirements of a specific program to be met, HUD reserves the right to fund less than the amount requested in an application. a. HUD will fund no portion of an application that:(l) Is not eligible for funding under applicable statutory or regulatory requirements; (2) Does not meet the requirements of this notice; or (3) Duplicates other funded programs or activities from prior year awards or other selected applicants. b.If funds are available after funding the highest-ranking application, HUD may fund all or part of another eligible fundable application. If an applicant turns down an award offer, or if HUD and an applicant do not successfully complete grant negotiations, HUD may withdraw the award offer and make an offer of funding to another eligible application. c. If funds remain after all selections have been made, remaining funds may be made available within the current FY for other competitions within the program area, or be held for future competitions, or be used as otherwise provided by authorizing statute or appropriation. d. If, after announcement of awards made under the current NOFO, additional funds become available either through the current appropriations, a supplemental appropriation, other appropriations or recapture of funds, HUD may use the additional funds to provide additional funding to an applicant awarded less than the requested amount of funds to make the full award, and/or to fund additional applicants that were eligible to receive an award but for which there were no funds available. Funding Errors. If HUD commits an error that when corrected would cause selection of an applicant during the funding round of a Program NOFO, HUD may select that applicant for funding, subject to the availability of funds. If funding is not available to award in the current fiscal year, HUD may make an award to this applicant during the next fiscal year, if funding is available then. Anticipated Announcement and Award Date. HUD anticipates announcing awards under this NOFO approximately four months after the application due date. Choice Neighborhoods Grant Agreement. If you are selected to receive a Choice Neighborhoods grant, HUD will send you a grant agreement, which constitutes the contract between you and HUD to carry out and fund Choice Neighborhoods Planning Grant activities. It is effective on the date of HUD's signature. B. Statutory and Administrative, National and Department Requirements for HUD Recipients For this NOFO, the following Administrative. National and Department Policy Requirements and Terms fbr HUD Financial Assistance Awards apply. (Please select the linked text to read the detailed description of each applicable requirement). Page 55 of60 l. Unless otherwise specified, these non-discrimination and equal opportunity authorities and other requirements apply to allNOFOs. Please read the following requirements carefully as the requirements are different among HUD's programs. ' Compliance with Fair Housing and Civil Rights Laws, Which Encompass the Fair Housing Act and Related Authorities (cf.24 CFR 5.105(a)). . Affirmatively Furthering Fair Housing. ' Economic Opportunities for Low-and Very Low-income Persons (Section 3). See 24 CFR part 75. ' Improving Access to Services for Persons with Limited English Proficiency (LEP) See https://www.hud.gov/program_offices/fair housing_equal_opp/limited_englishgoficiency. . Accessible Technology. See https://www.hud.gov/sites/dfi les/OCIO/documents/s508 I 030 I 7.pdf 2. Ensuring the Participation of Small Disadvantaged Business, and Women-Owned Business. 3. Equal Participation of Faith-Based Organizations in HUD Programs and Activities. 4. Uniform Relocation Act - Real Property Acquisition and Relocation Requirements. See 49 CFR part 24. 5. Participation in HUD-Sponsored Program Evaluation. 6. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 7. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.109-282) (Transparency Act), as amended. 8. Eminent Domain. 9. Accessibility for Persons with Disabilities. See https://www.hud.goviprogram_offices/fair_housing_equal_opp/disability_overview 10. Conducting Business in Accordance with Ethical Standards/Code of Conduct. I l. Environmental Requirements, which include compliance with environmental justice requirements under Executive Order 12898. Compliance with24 CFR part 50 or 58 procedures is explained below: (a) Applicability. All Choice Neighborhoods grantees must comply with applicable environmental requirements. Environmental reviews must be performed by the State or unit of general local government (Responsible Entity) under 24 CFR part 58, regardless of whether the grantee is a PHA. These regulations implement the policies of the National Environmental Policy Act (NEPA) and other environmental requirements. The Responsible Entity must determine whether each activity assisted under this NOFO is exempt or categorically excluded from NEPA and other environmental review requirements or requires further environmental review. While many planning activities assisted under the NOFO are exempt or categorically excluded from NEPA and other environmental review requirements, other activities, including some Early Action Activities, will require environmental review prior to implementation. When such an activity is proposed, no Choice Neighborhoods grant funds for that activity will be released until the environmental review is complete and HUD has approved a Request for Release of Funds from the Responsible Entity. Note the environmental review process may require compliance with other Federal laws and authorities, such as the National Historic Preservation Act of 1966, which also apply to Choice Neighborhoods activities, even some of those categorically excluded from NEPA review. (b) Responsibility. If the grantee objects to the Responsible Entity conducting the environmental Page 56 of60 review, based on performance, timing, or compatibility of objectives, HUD will review the facts and determine who will perform the environmental review. At any time, HUD may reject the use of a responsible entity to conduct the environmental review in a case based on performance, timing, or compatibility of objectives, or in accordance with 24 CFR 58.77(dXl). If a responsible entity objects to performing an environmental review, or if HUD determines that the responsible entity should not perform the environmental review, HUD may designate another responsible entity to conduct the review or may itself conduct the environmental review in accordance with the provisions of 24 CFR part 50. (c) Limitations on activities pending clearance. Unless an action is exempt or is categorically excluded and is not subject to other applicable environmental requirements, you, and any participant in the development process, may not undertake any actions with respect to the project that are choice-limiting or could have environmentally adverse effects, including demolishing, acquiring, rehabilitating, converting, leasing, repairing, or constructing property (i.e., "physical activities") proposed to be assisted under this NOFO, and you, and any participant in the development process, may not commit or expend HUD or local funds for these activities, until (i) HUD has approved a Request for Release of Funds following a responsible entity's environmental review under 24 CFR part 58, or (ii) HUD has completed an environmental review and given approval for the action under 24 CFR part 50. In addition, you must carry out any mitigating/remedial measures required by the responsible entity (or HUD), or select an alternate eligible property or site, if permitted by HUD. (d) Supporting Documentation. You must provide any reports and documentation needed to perform the environmental review to the responsible entity (or HUD, where applicable). Where HUD is conducting the environmental review, applicants should follow the documentation guidance as discussed in PIH Notice 2016-22 (Environmental Review Requirements for Public Housing Agencies, https://www.hud.gov/sites/documents/PlH20l6-22 .PDF) or Chapter 9 of the MAP Guide. Guidance on environmental review is available on HUD's environmental website : https ://www.hudexchange.info/env ironmental-review/. 2 CFR 200.216 Prohibition on Certain Telecommunication ond Video Surveillance Services or Equipment 2 CFR 200.340 Termination Lead Based Paint Requirements. When providing housing assistance funding for purchase, lease, support services, operation, or work that may be disturb painted surfaces, of pre-1978 housing, you must comply with the lead- based paint evaluation and hazard reduction requirements of HUD's lead-based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead-based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part745)). When providing education or counseling on buying or renting housing that may include pre-1978 housing under your grant you must inform clients of their rights under the Lead Disclosure Rule (24 CFR part 35, subpart A), and, if the focus of the education or counseling is on rental or purchase of HUD-assisted pre-1978 housing, the Lead Safe Housing Rule (subparts B, R, and, as applicable, F - M). Page 57 of60 C. Reporting. HUD requires recipients to submit performance and financial reports under OMB guidance and program instructions. 1. Recipient Integrity and Performance Matters. Applicants should be aware that if the total Federal share of your Federal award includes more than $ 500,000 over the period of performance, you may be subject to post award reporting requirements reflected in Appendix XII to Part 200-Award Term and Condition for Recipient Integrity and Performance Matters. 2. Race, Ethnicity and Other Data Reporting. HUD requires recipients that provide HUD- funded program benefits to individuals or families to report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of HUD programs in order to carry out the Department's responsibilities under the Fair Housing Act, Executive Order I 1063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987. 4. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.109-282) as amended (FFATA). FFATA requires information on Federal awards be made available to the public via a single, searchable website, which is www.USASpending.gov. Accordingly, each award HUD makes under this NOFO will be subject to the requirements provided by the Award Term in Appendix Ato 2 CFR Part 170,..REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION,'' unless the Federal funding for the award (including funding that may be added through amendments) is not expected to equal or exceed $30,000. Requirements under this Award Term include filing subaward information in the Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS.gov) by the end of the month following the month in which the recipient awards any sub-grant equal to or greater than $30,000. Each applicant under this NOFO must have the necessary processes and systems in place to comply with this Award Term, in the event that they receive an award, unless an exception applies under 2 CFR 170.110. 5. Program-Specific Reporting Requirements Choice Neighborhoods Planning Grantees are required to submit a quarterly report detailing their progress with the planning process. D. Debriefing. For a period of at least 120 days, beginning 30 days after the public announcement of awards under this NOFO, HUD willprovide a debriefing related to their application to requesting applicants. A request for debriefing must be made in writing or by email by the authorized organization representative whose signature appears on the SF-424 or by his or her successor in office and be submitted to the POC in Section VII Agency Contact(s), below. Information provided during a debriefing may include the final score the applicant received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which funding was approved or denied. Page 58 of60 VII. Agency Contact(s). HUD staff will be available to provide clarification on the content of this NOFO. Questions regarding specific program requirements for this NOFO should be directed to the POC listed below. Name: Phone: Email: ChoiceNeighborhoods@hud. gov Persons with hearing or speech impairments may access this number via TTY by calling the toll- free Federal Relay Service at 800-877-8339. Please note that HUD staff cannot assist applicants in preparing their applications. YIII. Other Information. 1. National Environmental Policy Act. A Finding of No Significant Impact (FONSI) with respect to the environment has been made for this NOFO in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for inspection at HUD's Funding Opportunities web page. 2. Web Resources. o Affirmatively Furtherine Fair Housing r Code of Conduct list .@ o Dun & Bradstreet a a o FFATA Subaward Reportins Svstem o Grants.gov o HBCUs a a o HUD's Stratesic Plan . UD Grants.@ o NOFO Webcasts. 9rpg-Funi@o Procurement of Recovered Materials. BI@,o Section 3 Business Registrv o State Point of Contact List a Page 59 of60 o Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (URA) o USA Spendine 3. Program Relevant Web Resources 4. Posting Application Information. After the selection process, HUD may post on-line certain summary and contact information from Choice Neighborhoods applications (e.g., the Executive Summary, neighborhood map, Lead Applicant contact information) in order to facilitate connections between eligible applicants (both those selected for grant funding and those who are not) and other entities (e.g., foundations, philanthropies) interested in supporting the project proposed in the application. APPENDIX Page 60 of60 What is Choice Neighborhoods? Choice Neighborhoods (CNl) is a new HUD program that focuses on improving distressed neighborhoods around public housing and vacant housing in the community and investing in people and neighborhood assets. The three goals of the CNI program are: Housing - Replace distressed public and/or assisted housing with high quality mixed- income housing that is well-managed and responsive to the needs of the surrounding community. People - lmprove educational and lifelong outcomes for youth with services and supports delivered directly to youth and their families. reinvestment in distressed neighborhood to offer the kinds of amenities, including safety, good schools and stores that are important to families' choices about their community. The goal is to transform communities as well as the lives of residents. The Augusta Housing Authority (AHA) and the City of Augusta are seeking a planning grant which requires the leveraging of significant public/private dollars to support locally strategies that address struggling neighborhoods with distressed public and/or HUD- assisted housing through a comprehensive approach to neighborhood transformation. Local leaders, residents, and other stakeholders, such as public housing agencies, cities, schools, police, business owners, nonprofits, and private developers, come together to create and implement a plan that revitalizes distressed HUD housing and addresses the challenges in the surrounding neighborhood. The program helps communities transform neighborhoods by redeveloping severely distressed public andlor HUD-assisted housing and catalyzing critical improvements in the neighborhood, including vacant property, housing, businesses, services and schools. lf awarded and implemented, then AHA, the City and the community will pursue funding to implement the plan, which may include submitting an application for S30 million of CNt implementation funding. Requirements of the Choice Neighborhoods program include: o One-for-one replacement of existing public housing units.o Mixed-income housing that includes public housing, tax credit and market-rate units.o Resident involvement during planning and implementation.o Partnering with educators and service providers to provide effective services to improve the academic and developmental outcomes for children and youth.o Supportive services, mobility counseling and relocation assistance for those relocated from the site during revita lization.o RiSht to return to new housing as long as tenant remains lease-compliant.o Preservation of affordable housing in the neighborhood and other activities so existing residents have benefit from neighborhood improvements. Ii:.,l,..", it"ttn;*r.q.,rg Augusla rr Request for proposal Request for Proposals will be received at this office until Thursday, June 24,2021@ 11:00 a.m. via zooM Meeting lD: 934 4185 4421; Passcode: 759382 for furnishing: RFP ltem #21'29s Professional Consulting Services for a Planning Coordinator for the HUD Choice Neighborhood planning Grant for Augusta, GA 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. RFpdocuments may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street - Room 605, Augusta, GA 30901 (706-821-24221. Af l questions must be submitted in writing by fax to 706821-28ttor by email to procbidandcontract@ausustapa.sov to the office of the Procurement Department by Tuesday, June 22, 2o2L @ 5:00 P.M. No RFp will be accepted by faxor email, all must be received by mail or hand detivered. No RFP may be withdrawn for a period of 90 days after RFPs have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specificotions. 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 proposat 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 RFp 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over 52,499 in value to enroll in E Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contracter affidavit as part of the requirement for their bid to be considered, 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 theproponent at the risk of receiving incomplete or inaccurate information upon which to base their 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: 705-821-2811 or Email: procbidandcontract@aupustaga,gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier June 10, L7,2t,2027 June t7,2O2t I E p-'= E n8EINE1.so=>(JE9p: E.=Ed 5gHa. tr aYlg'=@Oor{ oEoottN r=Es3E PPf E;'Ef2:Eq s:.!GF .EXs6i.!8=oEqfr CLTE E vlvl o.o o o o (o U' oo E =2 Itro CLo Nooo.trA l2.E oCLo tLoo =.!o go (E o, g E oCLo ILotI oo:t! g otlo ooc!t o Ioo E o oos -=tro co tELop coI6 oCLo o.oo oI ri o o o l!aco o) ct Eo(.) co, E (g CLoo Co Eo l(Jo o P(l, co o) o-ot tro E tEo-oo co) E(U fuoLd o (Eo Lo (of (o U )6c oc 1Ala o-o o lalh o.o o tiln A-o l9Irlolallo, l8l>IEt<lcluIEl-lItrlaEIE loalolcIl!l-c lot6loIJlo oIoc oE l!E .EoFl clnllFllaILIolul6lol -al 6lolo.l 6lol:l(EI EI o taLo!,co ooGtA- 1hcor (E (ue orrl oF{or{o F{ 06 E') J-trGt E =ExG =(E o I E oF ooG o. oft1 oN NFl @ <l N gao(n vt6 .EE 6OEoEEffeE E.E PE .! o LItro o!lE UJ og .o 6 FO6.! CGEeog;!dc@to.SqE =qo cgi€-o'c o!: oocu-Yeff;5E_fl!- @ u EaEiEe oE:rOE!UP!o=-LcY o.! @ a9 o o QEO@M-=E*ggEJ66J!_ a q sT<rooYr c EG =Gfo odo .goo ^i o oEi: o cooot .9o qa:U o .o G .9 o j o3E .guEc6c .Eo.s!ooU @H co o g 5so E6oF -otr .9 l! tro o o- .A oq,r o3oJ EcoUot1 E.=-cF -ctou tEq ou1 !i0cvE.E OE E Exl! =.E o No .!3o- l!o WFN Consulting 123 Church Street, Suite 200 Marietta, GA 30060 Mosiac Community Planning 195 Arizona Ave. NE Atlanta, GA 30307 Endelman & Associates PLLC One Union Square 500 University St., Suite 1515 seattle, wA 98101 Blulynx Solutions, LLC Attn: Kimberly Roberts 2553 Three Wood Dr #232 Villa Rica, GA,30180 EJP Consulting Group PO Box 336 Manchester, WA 98353 Odie Donald ll Administrator RFP ltem *27-295 Professional Consultlng Services for Planning Coordinator for the HUD Choice Due: Thur., June 24,202t @ 11:OO a.m. TDA Consulting, lnc. Attn: Dionne L. Roberts 17 Caleb Circle San Antonio, TX 78258 Fourth Economy Consulting 1501 Preble Ave, 2nd Floor Pittsburgh, PA 15233 Northwest & Buck Company T/A Mullin & Lonergan Associates 800 Vinial Street, Suite 8414 Pittsburg, PA L52tz Collabo Planning 3357 N Seminary #1 Chicago, lllinois 50657 Camiros, Ltd 411S Wells Street, Suite 400 Chicago, lL 60607 Steven Kendricks Tax Commissioner RFP ltem #21-295 Professional Consulting Services for Planning Coordinatorforthe HUD Choice Mail: Wed, June 09, 202t @ 5:00 p.m. Nan McKay and Associates, tnc. Attn: John McKay 1810 Gillespie Way, Suite 202 El Cajon, CA 92020 Quadel Consulting & Training, LLC 10 West Market Street, Suite 750 lndianapolis, tN 46204 Blazik Consuhing 300 West Clarendon Ave, Suite #230 Phoenix, AZ 85013 WRT Design 1700 Market Street, Suite 2800 Philadelphia, PA 19103 Phyllis Johnson Compliance Itlanholdett Supplier(d irypllcr rl I I DodslDdr lledical Transpoftadon llanagemclt, lnc. stephensCondtiryGtoup $rcl,lnc. Supplier Dctail3 srDplhrx.rt CofictIm. lddcer Em.ll Phoa Xtrrt r Documents Hlrormr 2l-295_RFP 21-2tls_cLARl FlcATlONt Similer Planhotders \ Loadingdata Add Supplier EportTo E(cet-*l Dilnb.dDab 06/112o2r 06/r0202r 06lt$NA 06E4t2s2t Mt D.t Bonnytlantold rroo gettvny Phoe. Sto llto, Adllf,bn, Ie,os 760U dod8gdocs@colrsffucfl onrom a1+37G70:1'l I'P3 Bld Docume,t / Spociff c.tlons Clerlllc:don lrdon view History View History 1n 281554401 261324363 264436%1 u0n7955 2421{u[--10 Your Next Event, tta2021{&10 esso Media and Consultino Ltd 2021{,U-^'.10 kns contracting services inc 20ua6-10 usreglglryconnec! 2021-s,-10 ETHNIC GROUP COUNT Afican American 88 Asian American 4 Native American 1 Hispanic/Latino 4 Paciftclsland/Arnerican 1 Non Mlnorlty 154 Not Classified 0 Total Number of Vendors 252 Total Number of Contacts 397 ['}R hrrl ernail lrst pR_bkt_cmafl_fiC info@you rnextevent.net Williams, Larechial felicia.hanlson@live.com Hanison, Felicia mollison3@yahoo.com mollison, loma rfq@ usreg istryconnect, com usregisfi usregistry Y N ht$s/.8l.doas.state.ga.us/PRSapp/pjsp?W=2 I &X=72 1 55&y=21 -295&Z:N 24t24 Commission Meeting Agenda 7/1/2021 2:00 PM HCD_ East Augusta Community Development Corporation Agreement Amendment Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract with the East Augusta Community Development Corporation to provide additional HOPWA funding for the continuance of operation and services to eligible HOPWA citizens. Background:Housing and Community Development and East Augusta CDC is currently working in collaboration to provide housing and supportive services for persons with HIV/ Aids and their families. EACDC has exhausted all HOPWA funding and requested additional funding to carry the organization until the 2020 HOPWA funds are made available. Augusta, Georgia is awaiting the 2020 HOPWA agreement from HUD in which funds will be made available at that time. The original contract was awarded to the organization with an emphasis to provide housing and supportive services to persons with Aids within the CSRA. Requesting Additional $100,000.00 for services and operations Original Agreement: $118,125.0000 New Agreement Amount: $ 218,1255,000 Analysis:The approval of funding will allow East Augusta Community Development Corporation to continue to provide services and support to persons living with Aids and their families throughout the remaining of the year. Financial Impact:HCD will utilize Housing Opportunities for Persons with Aids (HOPWA) funding received through its annual allocation from Housing and Urban Development in the amount of $ 100,000.00 to assist in providing additional funding to continue to provide support and services to eligible residents. Alternatives:Do not approve the funding to East Augusta Community Development Corporation. Cover Memo Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to amend the contract with the East Augusta Community Development Corporation to provide additional HOPWA funding for the continuance of operation and services to eligible HOPWA citizens. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Housing Opportunities for Persons with Aids (HOPWA) funds. 221073213-5211119 REVIEWED AND APPROVED BY: Cover Memo FIRST AMENDMENT TO AGREEMENT BETWEEN AUGUSTA, GEORGIA & EAST AUGUSTA COMMUNITY DEVELOPMENT CORP FOR 2019 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS This First Amendment to the agreement executed by and between the Parties on June 15, 2021, is made and entered into on the _____ day of _____________, 2019, by and between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and EAST AUGUSTA COMMUNITY DEVELOPMENT CORPORATION (hereinafter referred to as the “EACDC”). WHEREAS, AUGUSTA desires to amend the original agreement to allow the EACDC to effectively administer its HOPWA eligible affordable housing development activities; WHEREAS, the EACDC 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 EACDC agree to amend said agreement as follows: (1) Use of Funds. Budget shall be revised to provide additional funding in the amount of $100,000.00 of HOPWA funding to support the continuation of services to HOPWA eligible clients and the operations of the program. B. Use of Funds HOPWA Program funds shall be used by East Augusta CDC for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of the original Agreement. The use of HOPWA funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: HOPWA funds may be used for many purposes including housing and services, as well as program planning and development costs. But a significant portion of the funds are used for housing. Augusta Housing and Community Development Housing Opportunities for Persons with Aids (HOPWA) Agreement Amendment East Augusta Community Development Corporation – 2019 2 Short-term Rent, Mortgage, and Utility (STRMU) Payments provides short-term, rent, mortgage, and utility payments for households experiencing a financial crisis as a result of their HIV health condition or a change in their economic circumstances. STRMU is designed to prevent households from becoming homeless by helping them remain in their own dwellings. and Connections to Permanent Housing Placement (for households that are in precarious living situations and without immediate short-term relief) PHP may be used to help households establish permanent residence in which continued occupancy is expected. Eligible costs include application fees, related credit checks, utility hookup fees and deposits, and reasonable security deposits necessary to move persons into permanent housing., 24 C.F.R. § 574.330 Tenant-Based Rental Assistance (TBRA) - TBRA is a rental subsidy used to help households obtain or maintain permanent housing, including assistance for shared housing arrangements, in the private rental housing market. Households select a housing unit of their choice and the assistance pays the difference between the contractual rent to the owner and the household’s calculated rent payment. The gross rent of the proposed unit must be at or below the lower of the rent standard or the reasonable rent. Housing Case Management - Housing Case Management is considered a central component of HOPWA supportive services and key to successful program outcomes for housing stability and access to care. “Housing case management” simply means that the central emphasis of a case manager’s work with a household is placed on housing issues, including evaluation of housing options, housing stability, and housing specific goals. Housing Case Management may be provided in conjunction with housing assistance services or as a standalone service. Housing Information Services - Housing Information Services include, but are not limited to, counseling, information, and referral services to assist households with locating, acquiring, financing, and maintaining housing. This may also include fair housing guidance for households that have encountered discrimination on the basis of race, color, religion, sex, age, national origin, familial status, or disability. Resource Identification - Resource Identification encompasses activities that establish, coordinate, and develop housing assistance resources for eligible households (including preliminary research and expenditures necessary to determine the feasibility of specific housing-related initiatives). Augusta Housing and Community Development Housing Opportunities for Persons with Aids (HOPWA) Agreement Amendment East Augusta Community Development Corporation – 2019 3 Project Budget: Limitations EACDC shall be paid a total consideration of $100,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of EACDC. 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. Original contract states not to exceed $ 118,125.00 whereas amendment adds an additional $ 100,000.00 to support eligible actives and operations as indicated below. Funding must be expended by January 30, 2022. East Augusta CDC shall adhere to the following budget in the performance of this contract: Categories Budget STRMU $30,000.00 (Client Service: Utilities, rents & Mortgage assistance for new and existing clients. Operating $3,000.00 (Office utilities, equipment, supplies, van repair) Salaries & Fringes $34,000.00 (Director & Administrative Assistant’s Salary) Supportive Services $10,000 (Client Service: Personal Assistance/transportation services) Administration (3%) $3,000.00 (cost of general management of program, oversight/coordination and reporting) PHP $8,000.00 (Client service: Permanent Housing Placement for new clients) TBRA $12,000.00 (Client Service: Tenant-based rental for existing and new clients) Total $100,000.00 Augusta Housing and Community Development Housing Opportunities for Persons with Aids (HOPWA) Agreement Amendment East Augusta Community Development Corporation – 2019 4 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. IN WITNESS WHEREOF, the undersigned have set as of the date first written above. _________________________________ _________ East Augusta Community Development Corporation 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: _________________ Odie Donald, II As its Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 7/1/2021 2:00 PM HCD_ Laney Walker/ Bethlehem Homebuyer Subsidy Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) contract between HCD and Marshall Davis for the down payment subsidy assistance for one (1) single-family housing unit identified as 410 McQueen Court. 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 homebuyer subsidy for one (1) single-family housing unit within the Laney Walker/Bethlehem area identified as 410 McQueen Court. Analysis:The approval of the contract will allow for the homebuyer to receive the down payment subsidy. Financial Impact:HCD will use Laney Walker/Bethlehem Project funds for the homebuyer subsidy. Down payment subsidy amount: $25,000 Alternatives:Do not approve HCD's request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) contract between HCD and Marshall Davis for the down payment subsidy assistance for one (1) single-family housing unit identified as 410 McQueen Court. Funds are Available in the GL Code: 298-07-7343-5413150- LWB Project Funds Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo HOMEBUYER – MARSHALL DAVIS LWBR Program – Homebuyer Written Agreement Page 1 of 5 LANEY WALKER/BETHLEHEM REVITALIATION PROJECT SUBSIDY 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 Laney Walker/Bethlehem Revitalization Project Subsidy Program (LWBR Subsidy 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 ____________, 2021 by and between HOMEBUYER hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT (HCD) 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 #059-4-220-00-0 identified as 410 McQueen Court. 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 and 00/100 ($25,000.00), subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the Augusta Housing and Community Development Subsidy Program via the Laney Walker/Bethlehem Revitalization Project (hereafter “LWBR 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 LWBR Program Restrictions imposed on them for the assistance provided: HOMEBUYER – MARSHALL DAVIS HOME Program – Homebuyer Written Agreement Page 2 of 5 Affordability Period You must comply with the LWBR Program’s period of affordability. The period of affordability for the home will be for the term of the loan (30 years), based on the amount of the direct subsidy to the HOMEBUYER. During this 30-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 LWBR 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. 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 $146,876.00. . 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 any amount that has not yet been forgiven, as set forth in Section 5 of the AGREEMENT, 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 in Section 7 below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct LWBR subsidy if the LWBR 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: HOMEBUYER – MARSHALL DAVIS HOME Program – Homebuyer Written Agreement Page 3 of 5 ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded north of Perry Avenue, south of Laney Walker Boulevard, east of R.A. Dent, and west of James Brown Boulevard. 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 LWBR funds for the duration of your Forgiveness Loan. Use of LWBR funds The HOMEBUYER agrees that the LWBR 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 Insurance requirement The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary, to protect the LWBR Program investment. Property standards Pursuant to LWBR 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 HOMEBUYER – MARSHALL DAVIS HOME Program – Homebuyer Written Agreement Page 4 of 5 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 Lead Requirement I understand that my house was built/or not built before 1978. I am in receipt of the “Protect Your Family from Lead in Your Home Booklet” and discussed with the staff of Housing and Community Development. __________Buyer Initials Homeowner’s house was built before 1978 and has received a Lead Inspection Report. _________Buyer Initials HOMEBUYER – MARSHALL DAVIS 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 Approved as to form: _________________________ Date: _______________ Augusta, GA Law Department By: ___________________________________ Date: ________________ Hardie Davis Jr. As its Mayor By: ___________________________________ Date: ________________ Odie Donald, II. As its Administrator By: ___________________________________ Date: _________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 7/1/2021 2:00 PM Gold Cross Ambulance Services Department:Augusta Commission Department:Augusta Commission Caption:Consider request from Gold Cross Ambulance Services for a rate increase. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Commence validation process for SPLSOT 8 bonds Department:Finance Department:Finance Caption:Motion to approve a resolution authorizing the commencement of the validation process for the bonds approved by the voters in the March 16, 2021 election. Background:In the recent SPLOST election the voters authorized the issuance of $30,000,000 in bonds to pay for the construction for one or more of the SPLOST projects. To facilitate the issuance of bonds and to avoid delay once the Commission determines which projects its wished to acquire or construct with bond proceeds, it is beneficial to move forward with validation of the bonds at this time and a resolution in needed to authorize the action. Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso- tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style- noshow:yes; mso-style-priority:99; mso-style-parent:""; mso- padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso- pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman",serif;} Analysis: Financial Impact:none at this time Alternatives:n/a Recommendation:approve Funds are Available in the Following Accounts: n/a Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 58536487.v1 A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION AUTHORIZING THE COMMENCEMENT OF VALIDATION PROCEEDINGS FOR ITS GENERAL OBLIGATION BONDS; AND FOR OTHER RELATED PURPOSES. WHEREAS, the Augusta-Richmond County Commission (the “Commission”), which is charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta, Georgia (the “Consolidated Government”), and the Richmond County Board of Elections, which is the Superintendent of Elections of Richmond County, called an election which was held on March 16, 2021, for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a one percent sales and use tax should be reimposed; and WHEREAS, the ballots used in the election provided that if reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the Consolidated Government in the principal amount of $30,000,000 (the “General Obligation Debt”); and WHEREAS, at the election duly called and held on March 16, 2021, a majority of the qualified voters of Richmond County, voting in the election, voted in favor of the reimposition of the sales and use tax, which vote also constituted approval of the issuance of the General Obligation Debt; and WHEREAS, on the date hereof, the Commission adopted, at a meeting duly called and held, a resolution entitled: A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION DECLARING THE RESULTS OF AN ELECTION HELD ON MARCH 16, 2021 TO DETERMINE THE REIMPOSITION OR NON- REIMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX; AND FOR OTHER RELATED PURPOSES declaring the results of the election to be in favor of the reimposition of the sales and use tax; and WHEREAS, the Consolidated Government wishes to issue, in one or more series and on one or more dates of issuance, all of the General Obligation Debt so authorized in the aggregate principal amount of $30,000,000, in the form of general obligation bonds of the Consolidated Government, and wishes to authorize the commencement of validation proceedings for such bonds; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority of the same, that the attorneys for the Consolidated Government are hereby authorized and instructed to commence validation proceedings in accordance with the requirements of Article 2 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as amended, and to take all actions necessary to obtain an order of the Superior Court of Richmond County, Georgia validating and confirming such bonds, and that the Mayor of Augusta, Georgia is hereby authorized and directed to execute any pleadings in connection therewith. -2- 58536487.v1 BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that it is hereby determined that, during each year in which any payment of principal or interest on such bonds comes due, the Consolidated Government will receive from the sales and use tax net proceeds sufficient to fully satisfy such liability, as indicated on Exhibit A attached hereto and made a part hereof. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 1st day of July 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 58536487.v1 EXHIBIT A SUFFICIENCY DETERMINATION Maximum Estimated Estimated Net Principal Principal Year Ending Proceeds of Sales and Interest and Interest December 31 And Use Tax1 Requirements2 Requirements3 2022 $ 39,000,000 $ 1,500,000 $ 900,000 2023 39,000,000 1,500,000 900,000 2024 39,000,000 16,500,000 15,900,000 2025 39,000,000 15,750,000 15,450,000 $156,000,000 $35,250,000 $33,450,000 _______________ 1 Based on assumed growth rate of -0-% per year. 2 Based upon maximum interest rate of 5.00% and after deducting funded interest and expected interest earnings thereon. 3 Based upon current estimated average interest rate of 3.00% and after deducting funded interest and expected interest earnings thereon. 58536487.v1 STATE OF GEORGIA RICHMOND COUNTY CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Augusta- Richmond County Commission (the “Commission”) at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 1st day of July 2021, in connection with authorizing the commencement of validation proceedings for its general obligation bonds, the original of such resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Commission were present at such meeting: Mayor Hardie Davis, Jr. Jordan Johnson Dennis Williams Catherine Smith McKnight Sammie Sias Bobby Williams Ben Hasan Sean Frantom Brandon Garrett Francine Scott John Clarke and that the following members were absent: and that such resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the ____ day of July 2021. (SEAL) Clerk of Commission Commission Meeting Agenda 7/1/2021 2:00 PM Declaration of SPLOST 8 election Results Department:Finance / Administration Department:Finance / Administration Caption:Motion to approve a resolution declaring the results of the the March 16, 2021 special purpose local option sales tax election results. Background:Election law requires the Commission to adopt a resolution declaring the results of the recent SPLOST vote by which a majority of the voters approved the re-imposition of the special one percent sales and use tax. The Board of Elections has previously adopted its resolution regarding the election which is attached to the proposed resolution. Analysis: Financial Impact:none at this time Alternatives:n/a Recommendation:approve Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law.Cover Memo Administrator. Clerk of Commission Cover Memo 58535626.v1 A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION DECLARING THE RESULTS OF AN ELECTION HELD ON MARCH 16, 2021 TO DETERMINE THE REIMPOSITION OR NON- REIMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX; AND FOR OTHER RELATED PURPOSES. WHEREAS, Augusta-Richmond County Commission (the “Commission”), which is charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta, Georgia (the “Consolidated Government”), and the Richmond County Board of Elections (the “Superintendent of Elections”), which is the Superintendent of Elections of Richmond County, called an election that was held on March 16, 2021 for the purpose of submitting to the qualified voters of Richmond County the question of whether or not a special one percent sales and use tax should be reimposed; and WHEREAS, the ballots used in the election provided that if reimposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the County in the principal amount of $30,000,000 (the “General Obligation Debt”); and WHEREAS, the returns of the election were duly brought up by the Managers of such election, as required by law, and were presented to the Superintendent of Elections on its own behalf and on behalf of the Commission for consolidation and for the declaration of the result of the election; and WHEREAS, the returns of the election were received from all of the poll officers and thereupon the Superintendent of Elections canvassed, computed, and consolidated the returns of the election and concurrent with the adoption of this resolution delivered a certified copy of the consolidated return of the election to the Commission, and the result of the election was as follows: Total Voted Ballots Cast 8,304 Total Blank Votes Cast 15 Total Ballots Cast 8,289 Spoiled Ballots 0 Total number of votes cast FOR the reimposition of a special one percent sales and use tax 5,948 Total number of votes cast AGAINST the reimposition of a special one percent sales and use tax 2,341 NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority of the same, that the election resulted in favor of the reimposition of a special one percent sales and use tax, by an affirmative vote of a majority of the qualified voters of Richmond County voting in the election held for such purpose, -2- 58535626.v1 that the reimposition of the special one percent sales and use tax and the issuance of the General Obligation Debt have been authorized as required by law, and that the results of the election are hereby declared to be as set forth above. BE IT FURTHER RESOLVED by the authority aforesaid, and it is hereby resolved by authority of the same, that a duly certified copy of the consolidated election return of the Superintendent of Elections be attached to this resolution as Exhibit “A” and made a part hereof. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 1st day of July 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 58535626.v1 EXHIBIT “A” CONSOLIDATED ELECTION RETURN [Attached] 58535626.v1 STATE OF GEORGIA RICHMOND COUNTY CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of a resolution adopted by the Augusta- Richmond County Commission (the “Commission”) at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 1st day of July 2021, in connection with declaring the results of an election pertaining to the reimposition or non-reimposition of a special one percent sales and use tax, the original of such resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the following members of the Commission were present at such meeting: Mayor Hardie Davis, Jr. Jordan Johnson Dennis Williams Catherine Smith McKnight Sammie Sias Bobby Williams Ben Hasan Sean Frantom Brandon Garrett Francine Scott John Clarke and that the following members were absent: and that such resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the ____ day of July 2021. (SEAL) Clerk of Commission Commission Meeting Agenda 7/1/2021 2:00 PM Forensic Audit Department: Department: Caption: Discuss directing the Procurement Department to seek bids for firms to conduct an in depth Forensic Audit of entire financials of each city department. (Requested by Commissioners John Clarke and Catherine McKnight) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGEND,A. ITEM REQUEST F,OR \4 commissicn meetings: First and third ruesdays of each month - z:00 p.m.commiftee meetings: second and last Tuesdays or.*.n *ooJf_ 1,b;;*. Commission/commiftee: (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 contact rnformation for trndividual/presenter Making the Request: E-Mail Address: Ca Public Safety Committee _ Engineering Services Committee Finance Committee tion/Topic of Discussion to be placed on theAgenda: N4..,UzC) - D )ro'-' ,.;< -j:;:'.'lrt'L4.rf Please send this request form to the Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 TeHair Street Augusta, GA 30901 following address: Telephone Number: Fax Number: E-Mail Address: 706-827-1820 706-821-1838 nmorawski@au gustaga. gov must be received in the Clerk,s the Commission or Comrnilfss be allowed for presentations. Requests may be faxed, e.mailed or delivered i_n person andOffice no later than 9:00 a.m. on the Thursday'preceding meeting of the following week. A five-minute time limit wiu \( Commission Meeting Agenda 7/1/2021 2:00 PM 15th Street Pedestrian Improvements Project (John C Calhoun to Central Ave) Supplemental Improvements Funding TIA Project#RC07-000146/PI#0011408Bid #18-260 File Reference: 21 – 014(T) Department:Engineering Department:Engineering Caption:Motion to approve the reallocation of the funding source for SA 1 and SA 2 which were previously approved by Commission on 2/16/21 and 6/1/2021 respectively. Approve Funds Revision in the amount of $163,696 for completing supplemental roadway needed Improvements (Supplement Construction Contract (SA1 and SA2) to E R Snell Contactor, Inc.) in conjunction with Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements Project as requested by AED. Bid 18- 260. Background:Currently, E.R. Snell Contactor, Inc. is under contract with Augusta, GA for Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements. The Augusta Commission awarded this contract on December 15, 2018. During construction phase additional improvements were identified. Work included additional curbing, sidewalks, stripping and Pedestrian Crosswalk. Supplemental Agreements one and two were approved by Augusta Commission on 2/16/2021 and 6/1/2021 respectively. No additional funding is being requested. The request is to reallocate the approved amount to TIA Discretionary Funds and SPLOST VI. Analysis:TIA Discretionary funds in amount of $114,260 and SPLOST VI funds in amount of $49,436 were identified as available funds for completing Supplemental improvements. AED reviewed the project TIA Construction budgeted amount and determined that sufficient funds area available in the project construction funds to cover cost of supplemental improvements construction as authorized under SA 1 and SA2. AED will make internal funding source adjustment upon Augusta Commission approval. Financial Impact: Cover Memo Funds are available in the amount of $163,696 Project TIA funds. Accordingly, TIA Discretionary Funds and SPLOST VI funds in amount of $114,260 and $49,436 respectively will be recaptured for AED other projects use. Alternatives:1) Do not approve and let Project TIA funds balance be captured by GDOT. Recommendation:Approve Funds Revision in the amount of $163,696 for completing supplemental roadway needed Improvements (Supplement Construction Contract (SA1 and SA2) to E R Snell Contactor, Inc.) in conjunction with Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements Project as requested by AED. Bid 18-260. Funds are Available in the Following Accounts: $163,696.00 - 371-041110-5414110 / T15040146-5414110 TIA Funds 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 adopted: Section 1: This project is set up and authorized to CPB#371-041110-T15040146 to Supplement Construction in the amount of $163,696 to E R Snell Contractor for the 15th Street Pedestrian Improvements Project. Funding is being revised to use TIA funds instead of TIA Discretionary that was previously approved and authorized. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VI 373,510$ SPLOST Phase VI 382,610$ TIA Discretionary 109,080$ TIA Funds 5,652,600$ TIA Funds 93,480$ TIA Funds Revision 163,696$ 6,774,976$ 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#371-041110-T15040146 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements 1 of 4 6/16/2021 Augusta-Richmond County, Georgia CPB#371-041110-T15040146 CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VI (373,510)$ -$ (373,510)$ 328-041110-5414110 210328103 SPLOST PHASE VI (382,610)$ (382,610)$ 328-041110-5414110 210328103 TIA DISCRETIONARY (109,080)$ -$ (109,080)$ 235-041110-5414110 T15041142 TIA Funds (5,746,080)$ (163,696)$ (5,909,776)$ 371-041110-T15040146 TOTAL SOURCES:(6,611,280)$ (163,696)$ (6,774,976)$ USE OF FUNDS ENGINEERING 328-041110-5414110 756,120$ -$ 756,120$ TIA DISCRETIONARY 109,080$ -$ 109,080$ 235-041110-5414110 TIA FUNDS 5,746,080$ 163,696$ 5,909,776$ TOTAL USES:6,611,280$ 163,696$ 6,774,976$ 2 of 4 6/16/2021 3 of 4 6/16/2021 4 of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ttachment number 2 \nPage 1 Item # 1 Commission Meeting Agenda 7/1/2021 2:00 PM Beacon Station Deed of Dedication & Maintenance Agreement Department:Utilities Department:Utilities Caption:Motion to approve Deed of Dedication and Maintenance Agreement, for water and sanitary sewer, for Beacon Station (f/k/a The Foundry). Background:Beacon Station is an apartment complex located at 1480 Wrightsboro Road. In order for the complex to tie into Augusta's water system, a short span of water line had to be constructed within a private entrance. This Deed of Dedication and Maintenance Agreement is for that span of water line, as well as its easement. Analysis:The water line has been inspected and tested and has passed all requirements, for acceptance into Augusta's system. Financial Impact:N/A Alternatives:Do not approve the Deed of Dedication and Maintenance Agreement, for water and sanitary sewer, for Beacon Station (f/k/a The Foundry). Recommendation:Approve the Deed of Dedication and Maintenance Agreement, for water and sanitary sewer, for Beacon Station (f/k/a The Foundry). Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Deans Bridge Road MSW Landfill Phase 2C Final Closure Cover Project RFP 21-183 File Reference: 21-014(A) Department:Engineering Department:Engineering Caption:Motion to approve award of Construction Contract to Morgan Corp in the amount of $11,064,437.00 for Deans Bridge Road Solid Waste Facility Phase 2C Final Closure System and Cover Project. Award is contingent upon receipt of signed contracts, proper bonds, and applicable procurement documents and License associated to subject work. Request by AED. RFP 21- 183 Background:MSW facility regulatory permit requires installation of final closure cover once the last load of waste is accepted at the facility. Deans Bridge Road Facility (Facility) is permitted in various phases and Final Closure Cover completion is regulated accordingly. On December 18, 2019 the Facility submitted “Final Closure” letter to Georgia Environmental Protection Division (EPD). The letter states the final date waste disposed of in the Facility Phase 2C was October 31, 2019; requiring properly closing this Phase in 180 days. Given footprint of this closed phase and magnitude of required work, it was not feasible for the Facility to comply with 180 days’ time period requirement and entered in Consent Order with EPD to complete Phase 2C Final Cover construction and its proper closure accordingly. The Facility immediately initiated procurement process for acquiring services of an experienced and qualified firm to complete Phase 2C final closure per its permit requirements. Two phase process was adopted. Firms were qualified under first phase (RFQ) and then qualified firms were requested to submit fee proposals (RFP). Analysis:RFPs were received on May 11, 2021 and firms were evaluated based on qualifications, project approach, experience and fee. The following firms submitted RFPs for evaluations: 1. Morgan Corp. 2. Cooper, Barnette & Page (CBP) Morgan Corp. was selected based on the evaluation procedures used for this project Cover Memo Financial Impact:Funds are available in the amount of $11,064,437 in the Solid Waste Enterprise funds. Funds will be provided by a projected reduction in the Cell 2C closure liability of $6,875,229. If consultant confirms a further reduction of closure / post closure liability is warranted this will release more funds for this project. Consultant has been requested to supply information prior to Jul1y 1st meeting. Any shortfall may need to be funded from unreserved fund balance. Alternatives:No alternative proposed. Timely award of this contract is critical to keep the Facility in compliance with its Solid Waste Permit. Recommendation:Approve award of Construction Contract to Morgan Corp in the amount of $11,064,437.00 for Deans Bridge Road Solid Waste Facility Phase 2C Final Closure System and Cover Project. Award is contingent upon receipt of signed contracts, proper bonds, and applicable procurement documents and License associated to subject work. Request by AED. RFP 21-183 Funds are Available in the Following Accounts: Solid Waste Enterprise Fund Reduction in Cell 2C closure liability $6,875,229 Fund source TBD: $4,218,346 REVIEWED AND APPROVED BY: Cover Memo Request for Proposal Request for Proposals will be received at this office until Tuesday, May 11, 2021 @ 3:00 p.m. (Opening Via ZOOM) for furnishing: Meeting ID: 923 3302 1464 Passcode: 409754 RFP Item # 21-183 Deans Bridge Road MSW Landfill Phase IIC Closure for Augusta GA – Engineering Department RFP documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable are $110.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Tuesday, October 6, 2020. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Pre Proposal Conference will be held on Monday, April 26, 2021, @ 11:00 a.m. via ZOOM Meeting ID: 951 9441 9434 Passcode: 622545 All questions must be submitted in writing by fax or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 27, 2021, @ 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. 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: Mailed to Pre-Qualified Vendors Revised: 4/12/2021 Meeting ID Topic Start Time End Time Minutes Participants 95194419434 Pre Proposal Conference - RFP Item #21-183 Deans Bridge Road MSW Landfill Phase IIC Closure 4/26/2021 10:46 4/26/2021 11:28 43 16 Name (Original Name)User Email Minutes Guest Kathy Murry (Shill@augustaga.gov)shill@augustaga.gov 43 No Bob Whitfield (Atlas)43 Yes Scotty Martone - COMANCO 39 Yes 12252689816 37 Yes bmina 37 Yes Bryan.Wilson 36 Yes Hameed MALIK 34 Yes bheape 33 Yes Russell Small 33 Yes Nancy Williams 33 Yes 17707257400 32 Yes Lonnie Wimberly 31 Yes Eric Brown eric.brown@oneatlas.com 30 Yes Yolanda Jackson yljackson25@gmail.com 29 Yes Darrell White 29 Yes June Hamal jhamal@augustaga.gov 27 No OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 Copies Fee Proposal Bid Bond Compliance Review 3% Goal MORGAN CORP 1800 EAST MAIN ST. DUNCAN, SC 79334 Yes 132551 Yes Yes Yes Yes Yes Yes Yes COOPER, BARNETTE, & PAGE 1928 EXECUTIVE PARK DRIVE STATHAM, GA 30666 Yes 153674 Yes Yes Yes Yes Yes Yes Yes RFP Opening Item #21-183 Deans Bridge Road MSW Landfill Phase IIC Closure for Augusta GA – Engineering Department RFP Date: Tuesday, May 11, 2021 @ 3:00 p.m. Total Number Specifications Mailed Out: 3 Total Number Specifications Download (Demandstar): N/A Total Electronic Notifications (Demandstar): N/A Georgia Procurement Registry: N/A Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 MORGAN CORP 1800 EAST MAIN ST. DUNCAN, SC 79334 COOPER, BARNETTE, & PAGE 1928 EXECUTIVE PARK DRIVE STATHAM, GA 30666 MORGAN CORP 1800 EAST MAIN ST. DUNCAN, SC 79334 COOPER, BARNETTE, & PAGE 1928 EXECUTIVE PARK DRIVE STATHAM, GA 30666 Evaluation Criteria Ranking Points 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 PASS PASS 2. Qualifications & Experience (0-5)10 4.7 4.2 46.7 41.7 3. Organization & Approach (0-5)10 4.7 4.0 46.7 40.0 4. Scope of Services • Contractors Experience in landfill final closure systems • Experience excavating in MSW waste and installing geosynthetic closure cover systems safely (0-5)25 4.7 4.3 116.7 108.3 5. Schedule of Work (0-5)10 4.2 4.0 41.7 40.0 6. Financial Stability (0-5)5 5.0 4.7 25.0 23.3 7. References (0-5)5 4.7 4.7 23.3 23.3 Within Richmond County 5 10 0 0 Within CSRA 5 6 0 0 Within Georgia 5 4 5 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 10 0  All Others 5 1 0 0 32.8 30.8 310.0 296.7 9. Presentation by Team (0-5)10 0 0 10. Q&A Response to Panel Questions (0-5)5 0 0 Lowest Fees 5 10 5 50 0 Second 5 6 5 0 30 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 5 50 30 37.8 35.8 360.0 326.7 Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Vendors Phase 1 RFP Item #21-183 Deans Bridge Road MSW Landfill Phase IIC Closure for Augusta - Engineering Departmart Evaluation Meeting: Wednesday, May 19, 2021 @ 3:15 p.m. Ranking of 0-5 (Enter a number value between 0 Scale 0 (Low) to 5 (High) Weighted Scores 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement DepartmentRepresentative:_________Nancy Williams________________________________ Procurement Department Completion Date: 5/19/21 Phase 2 (Option - Numbers 9-10) (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: 5/19/21 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be 11. 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) Cost/Fee Proposal Consideration MORGAN CORP ATTN: BOB MINA 1800 EAST MAIN ST. DUNCAN, SC 79334 COMANCO ATTN: JOHN JACOBS 4301 STERLING COMMERCE DR PLANT CITY, FL 33566 COOPER, BARNETTE, & PAGE ATTN: BRYAN WILSON 1928 EXECUTIVE PARK DRIVE STATHAM, GA 30666 June Hamel Engineering Department Lonnie Wimberly Environmental Svcs Becky Padgett Environmental Services HAMEED MALIK ENGINEERING DEPARTMENT MARK MEHALL ENVIRONMENTAL SERVICES DEPARTMENT PHYLLIS JOHNSON Compliance RFP Item #21-183 Deans Bridge Road MSW Landfill Phase IIC Closure for Engineering Dept RFP Due: 5/11/2021 @ 3:00 p.m. RFP Item #21-183 Deans Bridge Road MSW Landfill Phase IIC Closure for Engineering Dept Mailed: 4/14/2021 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Commission Meeting Agenda 7/1/2021 2:00 PM Dennis Road Traffic Operation and Safety Improvements Field Investigations and Engineering File Reference: 21-014 (T) Department:Engineering Department:Engineering Caption:Motion to approve funding for Dennis Road Improvements in the amount of $400,361.00 for Infrastructure Systems Management (ISM) continuity of Field Engineering and Improvements Plan Development under On-Call Professional Services for Engineering and Field Design contract. Requested by AED. RFP 19-241. Background:Dennis Road is a narrow two-lane residential collector road that begins at Stevens Creek Road and runs east for a little over a half mile to its terminus at the Martin Marietta property. Land uses along Dennis Road are primarily residential with four small subdivisions having direct access and another having secondary access. Historically, this section of Dennis Road has been a concern of citizens in the area due to the limited sight distance, tightness of two vehicles navigating the curved section in opposite directions, and lack of pedestrian facilities. These factors have made Dennis Road the focus of several requests for a widening and realignment projects. In 2020, AED issued Dennis Road Improvements Concept Development Task Order to ISM to complete concept phase of design development phases. Analysis:Recently Augusta Commission approved placing Dennis Road construction funding on 2nd round of Transpiration Investment Act approved project lists. Also, Augusta Commission directed AED to accelerate completion of Dennis Road improvements construction plans and get the project ready for construction and start construction in FY2023. ISM has ongoing Task Order to complete concept phase of this project. ISM provides roadway safety and traffic operation specialized service and It is AED determination that supplementing ISM Dennis Road services is a cost effective way to complete the construction plan and get the project ready by early 2023. Cover Memo Financial Impact:Funds are available in the amount of $400,361 AED TIA Project Management fund. Alternatives:Do not approve and delay design completion. Recommendation:Approve funding for Dennis Road Improvements in the amount of $400,361.00 for Infrastructure Systems Management (ISM) continuity of Field Engineering and Improvements Plan Development under On-Call Professional Services for Engineering and Field Design contract. Requested by AED. RFP 19-241. Funds are Available in the Following Accounts: AED TIA Project Management Funds – 371-041114-5212115 REVIEWED AND APPROVED BY: Cover Memo LEGENDLEGEND PLPL REQUIRED R/W LINE EXISTING PROPERTY AND R/W LINE NEW GRAVITY RETAINING WALL PERMANENT EASEMENT PREFERRED CONCEPT DENNIS RD IMPROVEMENTS TO QUARTZ WAY/PARKER ST FROM STEVENS CREEK RD NEW ASPHALT SIDEWALK AND CURB & GUTTER GRASSING / PAVEMENT REMOVAL GADOT PAULDING PONTIAC S T E V E N S C R E E K R D M E R R I C O S T M I T C H E L L S T A L I C E L N O S H I E L D S C T P A R K E R S T QUARTZ WAY 5 FOOT SIDEWALK 5 FOOT GRASS 5 FOOT SIDEWALK 5 FOOT GRASS 2 FOOT GRASS 2 FOOT SIDEWALK 40 160 SCALE IN FEET 0 80 EXISTING ROADWAY WIDTH VARIES 6" 2%2% Travel Lane Travel Lane L 2% 4: 1 M A X 4:1 MAX Shoulder 14'-0"C11'-0"11'-0" 2'-0"2'-0" 5'-0"2'-0" 2:1 MAX 2: 1 M AX 4 :1 4:1 7'-0" TO 10'-0" CLEAR ZONE 2'-0" Sidewalk HUNTER'S RIDGE MAYO TOWNHOMES MAGNOLIA RIDGE NATHAN VICK RIVERSTONE 2'-0" TO 5'-0" VARIES SOD OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Original 7 Copies Fee Proposal ZEL Engineers 435 Telfair St Augusta, GA 30901 Yes 257101 Yes Yes Yes Yes Infrastructure Management Systems 1557 Broad St Augusta, GA 30904 Yes 1266225 Yes Yes Yes Yes Moreland Altobelli 2450 Commerce Ave, Suite 100 Duluth, GA 30096 Yes 53328 Yes Yes Yes Yes Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Yes 398475 Yes Yes Yes Yes Cranston Engineering 452 Ellis St Augusta, GA 30901 Yes 64684 Yes Yes Yes Yes RFP Opening - RFP Item #19-241 On Call Professional Services for Engineering and Field Design, Small to Medium Scale Maintenance Task Design, Regulatory Periodic Inspection Compliance and Structural Inspections & Investigations for Augusta, GA - Engineering Department RFP Date: Friday, June 21, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 9 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 83 Georgia Prourement Registry: 608 Mandatory Pre-Proposal Conference Attendees: 14 Total packages submitted: 5 Total Noncompliant: 0 Page 1 of 1 Commission Meeting Agenda 7/1/2021 2:00 PM Landfill Consent Order Department: Department: Caption: Provide answers reference funding to complete the Landfill Consent Order. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Nancy Morawski From: Sent: To: Cc: Subject: Ms. Bonner, Commissioner Sammie Sias Tuesday, June22,2021 11:29 PM Lena Bonner Natasha L. McFarley; Nancy Morawski; Odie Donald Agenda item for July 1, 2021 Commission meeting Per my phone with Ms. Natasha this afternoon,22 June 2O2L,l am requesting the following agenda item for the L July 202L commission meeting: Provide answers reference funding to complete the Landfill consent order. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" lhrs e-mail contairls confidential information and is intended only for the individual named. lf you are not lhe narned addressee, you should not disseminate. distribute or copy this e-nrarl. Please notiiy the sertder immediately by e-mail if you have received this e-mail by rnistake and delete this e-rnail from your systern. I he City of Augusta accepts rlo |ability for the content of this e-mail or for the consequer)ces o{ any actions taken on the basis of the in{orrnatiorr provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-rnail are solely those of the author and do not necessarily representthose of the City of Augusta. F-mail transmrssions cannot be guaranleed lo be secure or error-free as informatic.n could be intercepted. corrupled, lost, desiroyed.arrtvelaleorincomplete.orconlainviruses lhesenderthereforedoesnolacceptliabilityforanyerrorsoromissionsinlhecontenloflhismessagewhrchariieas a result o{ the e-rnail transmission. lf verilication is required please request a hard copy verslonAtI) 1A4 1 Commission Meeting Agenda 7/1/2021 2:00 PM Mims Road Sidewalk and Drainage Improvements Project Bid 21-167 File Reference: 21-014(A) Department:Engineering Department:Engineering Caption:Motion to approve award of Construction Contract to Reeves Construction in the amount of $1,103,494.05 for Mims Road Sidewalk and Drainage Improvements Project . Award is contingent upon receipt of signed contracts, proper bonds and applicable License associated to subject work. Request by AED. Bid 21-167. Background:Local Maintenance and Improvement Grant (LMIG) is critical for completing Augusta Engineering (AED) roadway maintenance and improvements projects. Each year AED submits LMIG funding request to GDOT with tentative projects list. Mims Road sidewalks improvements is included in 2021 LMIG funds and approve by the GDOT and Augusta Commission. Improvements consist of construction new sidewalk and storm sewer from Trailer Park to High School. As other funding became available or there is cost saving, AED may include additional roads to resurface or sidewalks Improvements. Analysis:Bids were received on June 8, 2021 with Reeves Construction being the low bidder. The bid results are as follow: CONTRACTORS BID 1.Reeves Construction $1,103,494.05 2.J & B Construction $1,371,068.50 3.Contract Management $1,389,279.39 4.E R Snell $1,450,809.59 It is the recommendation of the Engineering Department to award this project to Reeves Construction upon receipt of required documentation. Financial Impact:Funded by GDOT FY2021 LMIG funds. Alternatives:Do not approve and cancel the project.Cover Memo Recommendation:Approve award of Construction Contract to Reeves Construction in the amount of $1,103,494.05 for Mims Road Sidewalk and Drainage Improvements Project. Award is contingent upon receipt of signed contracts, proper bonds and applicable License associated to subject work. Request by AED. Bid 21-167. Funds are Available in the Following Accounts: $1,103,494.05 - 335-041110-5414310 - FY2021 LMIG REVIEWED AND APPROVED BY: Cover Memo Augusta-Richmond County, Georgia RFQ-21-167 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 to authrotize and award the construction contract to Reeves Construction, Inc. in the amount of $1,103,494.05 for the Mims Road Sidewalk and Drainage Improvements project. Funding is available in the FY2021 LMIG funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. FY2021 LMIG 1,103,494$ 1,103,494$ 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#N/A Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Mims Road Sidewalk & Drainage Improvements Project 1 of 2 6/17/2021 Augusta-Richmond County, Georgia RFQ-21-167 CPB#N/A CAPITAL PROJECT BUDGET Mims Road Sidewalk & Drainage Improvements Project CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB FY2021 LMIG (1,103,494)$ -$ (1,103,494)$ 335-041110/54.14310 -$ TOTAL SOURCES: (1,103,494)$ -$ (1,103,494)$ USE OF FUNDS Engineering 335-041110/54.14310 1,103,494$ -$ 1,103,494$ TOTAL USES:1,103,494$ -$ 1,103,494$ 2 of 2 6/17/2021 Invitation to Bid Sealed bids will be received at this office until Wednesday, May 26, 2021 @ 3:00 p.m. for furnishing – Via ZOOM ZOOM Meeting ID: 936 7889 2209 Passcode: 320797 Bid Item #21-167 Mims Road Sidewalk and Drainage Improvements – for Augusta, GA – Engineering Department 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 examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $100.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, April 15, 2021. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Pre Bid Conference will be held on Tuesday, May 11, 2021 @ 10:00 a.m. Via Zoom – Meeting ID: 920 4747 5644 Passcode: 387617 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, May 12, 2021 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after BIDs have been opened, pending the execution of contract with the successful vendor. A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. 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 April 15, 22, 29, May 6, 2021 Metro Courier April 15, 2020 Revised: 2/19/2016 Meeting ID Topic Start Time End Time Minutes Participants 92047475644 Pre Bid Conference - Bid Item #21-167 Mims Road Sidewalk and Drainage Improvements for Augusta, GA Engineering Department 5/11/2021 9:41 5/11/2021 10:29 48 16 Name (Original Name)User Email Minutes Guest ASHKEA WHITE (Shill@augustaga.gov)shill@augustaga.gov 48 No Darrell White 49 Yes AT12418 46 Yes John White 38 Yes Brandon Cooper bcooper@reevescc.com 38 Yes Brandon Bridges (Brandon)37 Yes JH18101 36 Yes Walt Corbin - Augusta Richmond County 36 Yes Barrett Bowden 35 Yes Gary 33 Yes Hameed MALIK 33 Yes 17067050642 32 Yes David McGhee 30 Yes Swannette Jones sjones2@augustaga.gov 29 No ben 28 Yes Ava Francis 22 Yes OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Addendum 1 & 2 Bid Bond Base Price Alternate Bid Est. Cost Compliance Goal 6% CONTRACT MANAGEMENT INC 1829 KILLINGSWORTH AUGUSTA GA 30904 Yes 225306 Yes Yes Yes $1,243,550.77 $145,728.62 Yes 6% ER SNELL CONTRACTOR, INC. 1785 OAK STREET, BOX 306 SNELLVILLE, GA 30078 Yes 22114 Yes Yes Yes $1,361,334.34 $89,475.25 Yes 6.02% REEVES CONSTRUCTION 1 APAC INDUSTRIAL WAY AUGUSTA, GA 30907 Yes 667047 Yes Yes Yes $1, 037,166.05 $66,328.00 Yes 6% J & B CONSTRUCTION & SRVC INC 3550 GORDON HIGHWAY GROVETOWN GA 30813 Yes 229939 Yes Yes Yes $1,252,666.00 $118,402.50 Yes 6% Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 131 Georgia Procuement Registry: 0 Pre-Bid Conference Attendees: 16 Total Packages Submitted: 4 Total Noncompliant: 0 Bid Opening Item #21-167 Mims Road Sidewalk and Drainage Improvements for Augusta, GA Engineering Department Bid Date: Tuesday, June 8, 2021 @ 3:00 p.m. Page 1 of 1 Commission Meeting Agenda 7/1/2021 2:00 PM Receive as information – Emergency Purchase Order / Correction of Fees for repairs to Landfill roads and drainage by Carolina Paving Co. and Infrastructure Systems Management, LLC. Department:Environmental Services Department:Environmental Services Caption:Motion to reeceive as information – Emergency Purchase Order / Correction of Fees for repairs to Landfill roads and drainage by Infrastructure Systems Management, LLC. Background:The Landfill experienced heavier than normal rain events, which created a large washout. This undermined the access road, concrete ditch, and deposited a large amount of silt in retention pond No. 9, blocking the outlet structure. The urgency of the repairs warranted an Emergency Purchase Order with an initial proposed cost of $223,000.00 as submitted by Infrastructure Systems Management, LLC. Analysis:The initial Emergency Purchase Order was approved. Several unforeseen site conditions were discovered during the repair process, which must be addressed before the initial work can be completed. To complete the unforeseen work Purchase Order P411331 must be increased by $105,078.82 plus $33,383.00 administrative costs for a total of $361,014.22. Additional repairs are described in the attachment. Financial Impact:An increase to the Emergency Purchase Order has been issued to Infrastructure Systems Management, LLC by Procurement for $105,078.82. The $33,383.00 administrative cost was inadvertently omitted in the initial calculation of the repair cost. The total for P411331, with all increases, is $361,014.22. Alternatives:N/A Recommendation:Receive as information Funds are available from 541 Fund Balance Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/1/2021 2:00 PM Resurfacing Various Roads Bid 20-164 Supplement Ellis Street Drainage Improvements File Reference: 21-014(A) Department:Engineering Department:Engineering Caption:Motion to approve Supplement Construction Contract with Reeves Construction Co. in the amount of $178,681.00 to cover additional costs of replacing failing storm drainage pipe between 13th and 11th on Ellis Street. Requested by AED. Bid: 20-164 Background:Currently, Reeves Construction is under contract with Augusta, GA for resurfacing various roads in Richmond County. The Augusta Commission awarded this contract on May 5, 2020 and work is in progress. Recently, it is brought to Augusta Engineering (AED) attention that the existing storm drainage system in awarded Ellis Street project limits is failing and collapse requiring design and replacement. Accordingly, AED had On-Call design consultant (Hussey, Gay, and Bell) to perform engineering survey and construction plans. Analysis:Reeves Construction Company is currently under contract with Augusta, GA/Augusta Engineering for road resurfacing work within this area of 13th to 11th Ellis Street and provided a cost proposal of $178,681.00 to replace failing storm drainage system. This cost was analyzed and determined to be reasonable and cost effective for the type of work being performed. It is a cost effective way to get needed work done in timely manner and improve safety of listed roadways operation. Financial Impact:Proposed project funds are available in stormwater SPLOST funds. Alternatives:Do not approve and complete supplemental work at later time. Recommendation:Approve to Supplement Construction Contract with Reeves Construction Co. in the amount of $178,681.00 to cover Cover Memo additional cost of replacing the failing storm drainage pipe between 13th and 11th on Ellis Street. Requested by AED. Bid: 20-164 Funds are Available in the Following Accounts: $178,681 – 329-044320-5223110/216829903-5223110 (SPLOST VII stormwater funds) 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 authorized: Section 1: The project is authorized to Supplement Construction Contract with Reeves Construction Co. in the amount of $178,681 for Resurfacing Various Roads to cover additional cost of replacing failing storm drainage pipe between 13th Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. LMIG Funds (2020)1,012,572$ LMIG 10% Match (TIA Discretionary)101,257$ TIA Discretionary Funds 206,504$ SPLOST VI (LMIG Supplement)1,127,181$ SPLOST VI (resurfacing various)1,000,000$ FY LMIG 2019 109,982$ TIA Discretionary 365,624$ SPLOST IV Resurfacing 489,470$ SPLOST VII (Stormwater)178,681$ 4,591,271$ 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 Honorable Hardie Davis, Jr., Mayor CPB# 20ENG944 and 11th on Ellis Street). Funding is available in the SPLOST VII Stormwater accounts. CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS BID 20-164 1 of 6 09.26.2019 Augusta-Richmond County, Georgia CPB# 20ENG944 CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB LMIG FUNDS (2020 ($1,012,572) ($1,012,572) LMIG 10% MATCH ($101,257) ($101,257) (TIA DISCRETIONARY) SPLOST VI (Resurfacing) ($1,000,000) ($1,000,000) SPLOST VI (LMIG Supplement) ($1,127,181) ($1,127,181) TIA DISCRETIONARY FUNDS ($572,128) ($572,128) LMIG FY2019 ($109,982) ($109,982) SPLOST IV RESURFACING ($489,470) ($489,470) SPLOST VII (Stormwater)($178,681) ($178,681) TOTAL SOURCES: ($4,412,590) ($178,681) ($4,591,271) USE OF FUNDS LMIG FUNDS (2020) $1,012,572 $1,012,572 335-041110-5414110 LMIG 10% MATCH 335-041110 $101,257 $101,257 (TIA DISCRETIONARY) (TIA DISCRETIONARY) $572,128 $572,128 235-041110-5414110 SPLOST VI (Resurfacing) $1,000,000 $1,000,000 2 of 6 09.26.2019 Augusta-Richmond County, Georgia CPB# 20ENG944 CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS 328-041110-5414110 SPLOST VI (LMIG Supplement) $1,127,181 $1,127,181 LMIG FY2019 $109,982 $109,982 SPLOST IV RESURFACING $489,470 $489,470 SPLOST VII (Stormwater)$178,681 $178,681 TOTAL USES: $4,412,590 $178,681 $4,591,271 3 of 6 09.26.2019 4 of 6 09.26.2019 5 of 6 09.26.2019 6 of 6 09.26.2019 Commission Meeting Agenda 7/1/2021 2:00 PM Roadbotics Technology Department: Department: Caption: Discuss the "Roadbotics" Technology used to determine which roads and streets need to be paved first. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA. ITEM REQTIEST FORM commission meetings: First and third ruesdaS,s of each month - 2:00 p.m.committee meetings: second and Iast Tuesdays of each month - 1,00 i.; commission/committee: @Iease check one aud insert meeting date) ,/V Commission Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact rnformation for rndividual/presenter Making the Request: TT", Caru- t.f.tA ' {" ^ C.' KaAddress: Telephone Number: Fax Number: E-Mail Address: t,)' Publi c Safety Committee Public Services Committee Administrative S ervices Committee Engineering Services Committee Finance Committee opic of Discussion to be placed on the Agenda: Please send this request form to the Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 following address: Telephone Nur rber: Fax Number: E-MaiI Addres r: 706-827-1820 706-821-1838 nmorawski@au gustaga.goy Requests may be faxed, e.mailed or delivered in person a ;dOffice no later than 9:00 a.m. on the Thursday^precedi: gmeeting of the following week. A five-minute time rimit u fi must be received in the Clerk,s the Commission or Committee be allowed for presentations. Commission Meeting Agenda 7/1/2021 2:00 PM 2021-2022 Georgia Municipal Association's District 7 Department: Department: Caption:Motion to consider for approval 2021-2022 Georgia Municipal Association's District 7 slate of officers. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo ELECTION OF GMA’S DISTRICT 7 OFFICERS FOR 2021-2022 BALLOT The nominating committee comprised of current District 7 officers have nominated the following city officials as GMA’s District 7 Officers for 2021-2022: • President – Mayor Roxanne Whitaker, Harlem • First Vice President – Councilmember Alana Burke, Lincolnton • Second Vice President – Commissioner Jordan Johnson, Augusta • Third Vice President – Councilmember Danny Brown, Sandersville In addition, two additional nominations for Third Vice President were received: • Larry Hill, Councilmember, Washington • Ceretta Smith, Councilmember, Grovetown Is your city in favor of the nominees for positions of President, First Vice President and Second Vice President? Yes ____ No _____ Please vote for one of the following persons for Third Vice President: _______ Danny Brown, Councilmember, Sandersville _______ Larry Hill, Councilmember, Washington _______ Ceretta Smith, Councilmember, Grovetown Please provide the following information: City: _________________________________ Name of person submitting ballot: ____________________________________ Signature: ________________________________________ Please mail or email ballot by June 1 to: Sherri Bailey, Georgia Municipal Association, P.O. Box 105377, Atlanta, GA 30348; email at sbailey@gacities.com. Commission Meeting Agenda 7/1/2021 2:00 PM Appointment of BOE Chairman Department: Department: Caption:Consider the appointment of one from the following list of candidates from the Augusta Legislative Delegation for appointment as Chairman of the Richmond County Board of Elections: Tim McFall Wayne Gilford Ken Bond Background:One (1) member appointed by Augusta Commission from a list of three names submitted by the Legislative Delegation and shall serve as its chairman. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo TALENT BANK INFORMATION QUESTIONNAIRE Augusta-Richmond County Legislative Delegation To be completed by persons desiring to volunteer their services on the ________________________________________ Authority, Board or Commission for Augusta-Richmond County. NOTE: Any information entered on this questionnaire would become public information upon your appointment. ************************************************************************ Date Applied: __________________ • Name_____________________________________________________________ Home Phone________________ Bus Phone______________________________ • Address ______________________County ________State____ Zip___________ • Date of Birth_____________________ Sex: Male__________ Female_________ • Registered Voter: Yes_______ No _______Voting District __________________ • Education: High School _________________________________________________ College _____________________________________________________ • Occupation:________________________________________________________ • List Boards you presently serve on: l._________________________________________________ 2_________________________________________________ 3_________________________________________________ Qualifications for Position (i.e. resume): ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Reason you desire to serve (attach any additiononal information you would like the delegation to consider): ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ Personnel February 26, 2017 Kenneth J. Bonds, Jr. (706) 294-9414 (706) 294-9414 3522 Hilltop Drive Richmond GA 30906 October 4, 1981 X X T. W. Josey Comprehensive High School Georgia Military College (course work), Medical College of Georgia (training) Telemetry Technician - Augusta University Health; Outreach Specialist - Augusta University Health Positively Augusta (Vice-Chairperson) - previous managerial experience (Crothal, Medical College of Georgia Health Inc.) My primary qualifications for this position include: - extensive customer service experience - experience in recruitment and training volunteers Please see the attached resume for more details. I’ve always enjoyed working in the community. I consider it a privilege to be able to serve the city in which I reside. I have always had an interest in learning more about our local, state and federal government. Moreover, I sincerely care about the leadership of our community. I’d like to be a positive example to my family, peers and colleagues as one who deals justly and fairly with others. Finally, I hope that serving in this role may open doors for me to serve in a larger I will endavor to learn and pass on the lessons that this experience will provide. capacity in the community in the future. 6 TALENT BANK INFORMATION QUESTIONNAIRE Augusta-Richmond County Legislative Delegation To be completed by persons desiring to volunteer their services on the Auqusta Richmond Co. Board of Elections. Authority, Board or Commission for Augusta-Richmond County. NOTE: Any information entered on this questionnaire would become public information upon your appointment. * ***** ** *** ** *** ** ** ***** *:t *** *** ***** *** **** *** ** * * *** ********* ***** *** Date Applied: 11-07-201 5 Name Timothv McFalls Sr Home Phone 706-399-5795 Bus Phone 700-800-1111 Address 1111 Milledos Road. Auqusta County Richmond State Gtlzip_s1g%. Date of Birth 05 Sex; Male_ Female_ Registered Voter: Yes_x_ No Voting District conq 012 Sen 022 Hse 124 Comm 1 School 1 Supcom g Supbrd g CCOM 1 Supco g Education: High School WhiteHaven Hioh School, Memphis TN College Auqusta State Occupation: Sales Manager, Mercedes-Benz of Auousta List Boards you presently serue on: Qualifications for Position (i.e. resume): Previouslv Served as Chairman of this Board Reason you desire to serue (attach any additiononal information you would like the delegation to consider): To be involved in a meaninqfulwav in the Electoral Process bv providino a non-biased view quided bv the Electoral Laws of our State and Counties. and to provide the Leadership that the Electorate and this Board deserues. UPDATE: 6/22/2021 NAME OF BOARD BOARD OF ELECTIONS Members Appointed Expires Timothy McFalls, Chairman 03/31/17 3/31/2021 Terrence Dicks 3/31/2019 3/31/2023 Democratic Appt. Marcia Brown 3/31/2021 3/31/2025 Democratic Appt. Sherry Barnes 04/11/11 3/31/19 Republican Appt. Bob Finnegan 3/31/2017 3/31/2021 Republican Appt. Meeting Date: Monthly, second Monday at 6:00 P.M. Where: Elections Office, Municipal Building. Contact: Lynn Bailey, Executive Director at 706-821-2340. Function: Conduct primaries, elections and the registration of elections Created: Ga. Law 1973, p. 2283 section 1, Ga., Laws 1982, p. 4321 General Information: Two (2) members appointed by Democratic Party Two (2) members appointed by Republican Party One (1) member appointed by Augusta Commission from a list of three names submitted by the Legislative Delegation and shall serve as its chairman. Commission Meeting Agenda 7/1/2021 2:00 PM FY22 Budget Retreat Summary Report Department:Administration Department:Administration Caption:Motion to accept the FY22 Budget Retreat Summary Report and affirm Quality of Life, Infrastructure, Public Safety, Governance/Finance, Economic Development, and External Relationships as the FY22 Commission budget priorities. (GMA/Administrator Donald) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo 1 Augusta-Richmond County Mayor and Commission Budget Worksession Wednesday, May 26, 2021 – Julian Smith Casino GMA’s Summary Notes – (Agenda and slide deck incorporated herein as Exhibits A & B) I.Welcome & Call to Order - Mayor Davis II.Overview/Purpose - Odie Donald II, Administrator III.ACCG/GMA Comments GMA - Kay Love, Managing Director, Georgia City Solutions, a 501(c)(3) subsidiary of GMA ACCG - Bill Twomey, County Consulting Services Manager IV.FY 2020/2021 Budget – Donna Williams, Finance Director Ms. Williams reviewed the unaudited results of FY 2020 and the FY 2021 Budget. V.Setting FY2022 Budget Priorities – Kay Love, GMA •Review and consensus agreement of meeting “Ground Rules”. •Overview of the purpose and framework of the strategic planning process. It was noted that Mr. Donald has recommended a contract with the Carl Vinson Institute of Government (CVIOG) for development of a strategic plan. The Commission will take action on this recommendation at an upcoming Committee meeting. •Affirmation of FY 2022 priorities by the Commission. Each Commissioner was asked to write down at least three strategic priorities/areas of focus for the FY 2022 Budget. The cumulative list of priorities is below in no particular order. Numbers in parenthesis indicate the number of times the priority was listed by multiple Commissioners. o Shore up Rainy Day Fund o Budget for Streetlight deficit (use surplus) (2) o Public Safety increases o City growth (jobs, tourism) o Quality of Life (Riverfront) o Infrastructure (4) o Ability to grow city o Blighted communities o American Rescue Plan vs. 2022 Budget o 120 days of reserve funds o Relationship with school system o Relationship with NGO’s o Potholes & clean city (major intersections) (2) o Remove old houses o Bringing community together o Crime Problem – Public Safety issues – transparency o $30,000 minimum salary for all employees o Mental health unit in law enforcement 2 o Hiring of CFO o Develop a method that all revenue funds and programs compliment each other o Increase public works budget o Cut spending o Cut unnecessary spending o All involved – not self-chosen group • GMA briefly reviewed the list of priorities and identified the following categories to frame the next segment of the discussion: Infrastructure, Quality of Life, Public Safety, Governance-Finance, Economic Development, External Relationships • Each category was discussed, and the Commission was asked to “define” what their priorities are in each of the categories. Note: Some priorities could be assigned to multiple categories. Infrastructure • Roads – Resurfacing, Curbs • Infrastructure in support of development • Streetlights • Drainage in neighborhoods • Capital Improvement Plan (CIP) – New and maintaining of existing infrastructure Quality of Life • Blight – Demolition and rehabilitation of structures • Adopt a Blight Ordinance • Clean-Up of right-of-way, tree trimming, litter removal • Riverfront – Develop/Update Master Plan • Parks – Revitalize, renovate, maintain/update Public Safety • Add a Mental Health Unit • Pay increases – recruitment initiatives Governance – Finance • Minimum salary of $30,000 for all employees • Staff recruitment and retention initiatives • Staff training • Policies o Fund balance – increase to 120 days o CIP o Starting salaries for new employees – comps for similar sized cities o Homelessness o Commission Districts – Allocation of funds to be used in each District by Commissioners. • Create CFO position 3 • Leverage multiple funding sources for projects/coordinate funding sources • Balanced approach to taxes • Consideration of millage rate cap in decisions • Public transportation – perception/image • Equitable approach • Augusta State University – communicate more/build relationship • Spend more strategically – Image of Augusta Economic Development • DDA and EDA - Need city liaison to coordinate between City and authorities; foster the relationship; establish regular reporting to Commission • CVB • Take a collaborative approach to bring all pieces together • Define roles & responsibilities • Broad based approach – across Augusta External Relationships • Foster stronger relationship with Boards of Education and higher education; NGO’s, community partners. • Be a partner to improve the “perception” that Augusta public school system is a “failing system”. • NGO’s and Authorities – Coordinate budget allocations; establish criteria for funding, reporting and accountability. Parking Lot Items: (Topics mentioned that were outside scope of worksession agenda) • Review Adm. Fees for SPLOST projects • SPLOST projects - consider capital maintenance on existing structures VI. American Rescue Plan Overview a. ACCG (overview of rules, considerations, County responsibilities) Bill Twomey, County Consulting Services Manager, provided summary comments about the American Rescue Plan Act (ARPA) and the evolution of the Treasury guidance and emphasized the importance of developing a plan for spending the funds. Other ACCG staff (Clint Mueller, Michael O’Quinn, and Debra Nesbit) were present to answer county specific questions about the ARPA included. b. GMA (overview of rules, considerations, City responsibilities) Sherri Bailey, Member Services Consultant, presented a detailed overview of the ARPA guidance, eligible uses by category, and reporting requirements. She stated that the 4 information shared is based on the Treasury Interim Final Rule and guidance as of May 19, 2021. Additional updates will continue to come from Treasury and will be passed along from GMA and ACCG. VII. Augusta-Richmond County Proposed Recovery Plan Process/Use of Funds Administrator Donald presented the framework of a proposed process to develop a plan on how Augusta will use the ARPA funds. Adjournment i 1. Exhibit A Augusta Commission’s Planning Retreat Meeting Agenda May 26, 2021 9:30 am – 4:00 pm AGENDA I. Welcome (Hardie Davis, Mayor) II. Overview/Purpose (O. Donald) III. ACCG/GMA Comments IV. FY2020 / 2021 Budget (D. Williams, Finance Director) V. Setting FY2022 Budget Priorities (GMA) ******WORKING LUNCH****** VI. American Rescue Plan Overview (ACCG/GMA) c. ACCG (overview of rules, considerations, County responsibilities) d. GMA (overview of rules, considerations, City responsibilities) VII. Augusta-Richmond County Proposed Recovery Plan Process/Use of Funds (O. Donald) Augusta Budget Work Session May 26, 2021 Exhibit B Ground Rules Input from ALL is encouraged AND expectedInput Silence cell phones during meetingSilence Be open minded -courteous to all thoughts & ideasOpen Maintain a civil manner -No personal attacksMaintain Be a good listener -Don’t interrupt othersListen Refrain from sidebar conversationsRefrain 2021 Budget “The primary focus of the 2021 budget is developing sustainable programs and improving effectiveness and efficiency”. Source: 2021 Augusta Budget in Brief $802.6 million adopted budget 2,868 authorized employees Source: 2021 Augusta Budget in Brief Health and Welfare Board of Health,DFACs Project Access Recreation Municipal Parks,Community Centers,Sports Centers, Municipal Golf Course,Library Housing & Community Dev. UGA Cooperative Extension, Code Enforcement​, Land Bank and CSRA Land Trust Public Works Highways & Streets,Roads & Walkways, Traffic Engineering, Parking Facilities Public Safety Sheriff, RCCI​, Animal Services, Coroner, Emergency Management Judicial Superior & State Courts, Civil & Magistrate Courts, Probate Court, Juvenile Court, District Attorney, Public Defenders, Solicitor General, Marshal General Government Mayor & Board of Commissioners, Administrator, Board of Elections, Central Services, Finance​, HR, IT, Licensing, Licensing & Inspection, Procurement, Tax Assessor​, Tax Commissioner Operating Transfers General Government support funds distributed to Special Revenue funds such as 911 Emergency Response and Public Transit. Source: 2021 Augusta Budget in Brief ENTERPRISE FUNDS Enterprise funds are used to account for activities that receive significant support from fees and charges. The largest enterprise funds are shown below. Water & Sewer represents 63% of all enterprise funds budgeted cost. Environmental Services represents Garbage Collection and Waste Management. Transit and Daniel Field Airport are smaller funds and grouped as All Other. 7 Source: 2021 Augusta Budget in Brief Augusta 2021 Budget Per Capita General Fund and Special Revenue Funds 197,888 (U.S. Census Bureau Estimate 2019) Source:2021 Augusta Budget in Brief-Excluding Capital Projects, Enterprise Funds & Internal Service Funds Public Safety $352.55 General Gov’t. $198.06 TIA Projects $172.79 Fire Protection $161.90 Judicial $122.71 All Other $87.84 Housing/ Neighborhood $84.89 Recreation $80.92 Operating Transfers Out $70.06 Urban Service $51.24 Public Works $31.74 Streetlights $31.34 E-911 $24.78 Richmond Co. Promotion $23.43 Health & Welfare $12.91 Housing & Community Dev. $10.25 Augusta Budget Per Capita General Fund & Special Revenue Funds 197,888 (U.S. Census Bureau Estimate 2019) Source:2021 Augusta Budget in Brief-Excluding Capital Projects & Internal Service Funds ($300,276,670 Total Budget GF & SR Funds) $352.55 $198.06 $172.79 $161.90 $122.71 $87.84 $84.89 $80.92 $70.06 $51.24 $31.74 $31.34 $24.78 $23.43 $12.91 $10.25 $0.00 $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 $400.00 Public Safety General Governmental TIA Projects and Discretionary Fire Protection Judicial All Other Housing / Neighborhood Recreation Operating Transfers Out Urban Service District Public Works Street Lights E-911 Richmond County Promotion Health & Welfare Housing/Community Development Strategic Planning Development Affirmation of Priorities RepeatMeasure & AssessExecutePlanS.W.O.T Vision Mission Core Values Augusta’s Visions and Goals Source: https://www.augustaga.gov/1657/Augustas-Visions-Goals Considerations •Work Plan vs. Strategic Plan •Physical vs. Fiscal •Expectations vs. Reality Calendar ≠Plan Strategic Priorities Areas of Focus What Is Important To You? List your top 3 strategic priorities for the FY 2022 Budget. Think priorities….not projects. Is the City where it should be? Are service levels adequate? Are existing programs sustainable? What is not being addressed? Were any programs suspended that should be restarted? Where are the blind spots? Is there a balanced approach? Key Strategies –Focus Areas Examples •A Safe and Secure Environment •Sustainable Infrastructure and Community Resources •Economic Development & Vitality •Effective Governance •Exceptional Livability •Accessible Parks and Natural Resources •Diverse Economic Environment •Thriving Downtown •Sustainable Financial Strength •Collaborative and Innovative Government Key Strategies –Defined Examples A Safe and Secure Environment •Partners with the community to foster a feeling of personal safety and security in neighborhoods, commercial areas, and public spaces. •Good Governance •Supports decision-making with timely and accurate short-term and long-term analysis. Key Strategies –Defined Examples Economic Development and Vitality •Facilitates business development through incentives, shared resources, effective marketing, and consistent business-oriented processes. •Sustainable Infrastructure & Community Resources •Ensures access to a reliable, cost-effective utility infrastructure that provides effective waste management, delivers clean water, controls stormwater and meets the needs of users. Key Strategies –Defined Examples Accessible Parks and Natural Resources •Provides a safe, well-maintained park system connected by trails and enhanced by community spaces. •Exceptional Livability •Connects neighborhoods and commercial centers with a multi-modal transportation network that provides for improved accessibility and enhanced traffic flow. Is the City where it should be? Are service levels adequate? Are existing programs sustainable? What is not being addressed? Were any programs suspended that should be restarted? Where are the blind spots? Is there a balanced approach? Next Steps •Affirmation of priorities •Define Areas of Focus •Develop the Strategic Plan •Work the Plan •Measure performance •Assess performance •Tweak the plan •Repeat Sherri Bailey sbailey@gacities.com Kay Love klove@gacities.com American Rescue Plan Act (ARPA) •The American Rescue Plan Act includes unprecedented aid to local governments, including every city, town and village in America. •On May 10, 2021, the Treasury Department released comprehensive guidance (Interim Final Rule) on the allowable uses of the Coronavirus Local Fiscal Relief Funds (CLFRF) in the American Rescue Plan Act. •The Treasury guidance continues to evolve based on feedback from cities and counties. •NLC and NACO, respectively, are working with the Department of the Treasury to address the details and provide clarification to cities and counties. •This presentation is based on clarification of the Treasury guidance received by the National League of Cities (NLC) as of May 19, 2021. ARPA –Prioritizing For Success Augusta-Richmond Total ARPA = $ 82,348,868 City of Augusta =$43,012,121 Richmond County =$39,336,747 Big Swings Leverage Partnerships Prioritized Budget Amendments Emergency Stabilization Immediate Needs Long Term Short Term Receiving Funds: General Information •Metropolitan cities include all cities with populations over 50,000 including cities that relinquish or defer their status as entitlement cities for CDBG. •Cities under 50,000 that qualify and accept annual CDBG grants also appear on the Metro list.•The funds will go out in two tranches. 50% provided beginning in May 2021 and the balance delivered approximately 12 months later.•Metropolitan cities can already begin applying for the funds through Treasury’s online portal. •Metropolitan cities will receive their second round of funds 12 months after they receive their first funds. Receiving Funds: Metropolitan Cities •Jurisdictions must submit a request to receive funding even if they have previously applied for other programs through the Treasury Submission Portal. •Eligible jurisdictions will receive further communications regarding the status of their submission via the email address provided in the Treasury Submission Portal. •Jurisdiction name, taxpayer ID number, DUNS Number, a sam.gov account, and address. •Authorized representative name, title, and email. •Contact person name, title, phone, and email. •Funds transfer information, including recipient’s financial institution, address, phone, and routing number and account number. ARPA Fiscal Recovery Funds Guidance Highlights Framework of Interim Rule Non-exclusive lists of allowable expenditures •Categories include intervention for Qualified Census Tracts, public health, direct aid, community & economic development, infrastructure Encouraged Expenditures •Categories include addressing racial disparities, inequities, disproportionate harm Prohibited Expenditures •Categories include pension funds, legal settlements, federal match requirements ARPA Fiscal Recovery Funds Guidance Highlights Framework to Assess Eligibility for Projects and Services 1.Identify the harmful effect of COVID-19 the activity will address. 2.Assess the casual or compounding connection. 3.Assess for disproportionate impact on distressed sectors or populations. 4.Determine how to prove the expense produces the expected outcome ARPA -Eligible Uses Summary Public Health Economic Hardship Revenue Loss Premium Pay Water, Sewer, and Broadband Infrastructure Eligible Uses: Category: COVID-19Pandemic Response •To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. •COVID-19 Mitigation and Prevention •Medical Expenses •Behavioral Health Care Including Addiction Treatment •Public Health and Public Safety Employees •Data, Design, and Execution of Health Programs •Health Disparities •Survivors Benefits Eligible Uses: Category: COVID-19 Economic Impacts Presumption of Eligibility inside Qualified Census Tracks (QCT) Direct cash and loan interventions Assistance to business and non-profits Impacted industries and workers Housing and Community Development Homelessness Childcare and Education Eligible Uses: Category: Workforce/ Personnel Note: While the Interim Final Rule (p.99) primarily permits funds to be used to cover costs incurred during the “covered period” [beginning on March 3, 2021], it should be noted that p.50-51 of the Interim Final Rule states that: “The definition of premium pay also clarifies that premium pay may be provided retrospectively for work performed at any time since the start of the COVID-19 public health emergency, [January 27, 2020] where those workers have yet to be compensated adequately for work previously performed”. See Interim Final Rules for Details Eligible Uses: Category: Necessary Water, Sewer Projects Coronavirus State and Local Fiscal Recovery Funds –“necessary investments in water, sewer, or broadband infrastructure.” •Projects eligible under the Clean Water State Revolving Fund •Construct, improve, and repair wastewater treatment plants; control non-point sources of pollution; create green infrastructure; manage and treat stormwater; water reuse; protect waterbodies from pollution. •Projects eligible under the Drinking Water State Revolving Fund •Build or upgrade facilities to improve water quality; transmission, distribution, and storage systems; consolidation or establishment of drinking water systems •Cybersecurity •Climate Change and Resilience •Lead Service Line Replacement Eligible Uses: Necessary Water, Sewer Projects FAQ#32. -May construction on eligible water, sewer, or broadband infrastructure projects continue past December 31, 2024, assuming funds have been obligated prior to that date? Yes . Treasury is interpreting the requirement that costs be incurred by December 31, 2024 to only require that recipients have obligated the funds by such date. The period of performance will run until December 31, 2026, which will provide recipients a reasonable amount of time to complete projects funded with Fiscal Recovery Funds. Eligible Uses: Category: Broadband Eligible projects must: •"be designed to provide service...to unserved and underserved households and businesses.“ •Unserved and underserved = lacking access at least 25/3 Mbps wireline service •Specific service areas and locations may be defined by community •Provide service that "reliably meets or exceeds symmetrical speeds of 100 Mbps" (megabits per second) or, if impossible, at least 100/20 Mbps with the ability to scale to 100 Mbps symmetrical Eligible projects are encouraged to: •Consider affordability •Avoid investing in locations with "existing agreements to build reliable wireline service with minimum speeds of 100/20 Mbps by December 21, 2024“ •"deliver a physical broadband connection by prioritizing projects that achieve last mile connections“ •Prioritize municipal, nonprofit, and cooperative-owned networks •Digital inclusion: assistance to households, including internet access and digital literacy assistance, are eligible uses Eligible Uses: Category: Lost Revenue For the provision of government services to the extent of the reduction in revenue of such metropolitan city, non-entitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, non- entitlement unit of local government, or county prior to the emergency (January 27, 2020) General Revenue draws on the Census definition of General Revenue of Own Sources. Recipients should sum across all revenue streams covered as general revenue What is excluded from General Revenue: •refunds and other correcting transactions •proceeds from issuance of debt or the sale of investments •agency or private trust transactions •utilities and insurance trusts Eligible Uses: Category: Lost Revenue (NLC Example) 1.City X has $100 in revenue in the base year, the last full year before Jan. 27, 2020. 2.City X finds that 4.1 percent is greater than City X's average annual revenue growth in the three full fiscal years prior to the public health emergency. 3.The base year ends June 30, 2019 4.City X has 18 months from the end of its base year (June 2019) to December 31, 2020, and its projected revenue would have been $106.2. 100+[(1+.041)^(18/12)] 5.City X had $80 of actual revenue in 2020 6.The revenue loss for 2020 is $106.2-$80=$26.2 7.If actuals collected exceeds calculated projected, then no revenue loss for that year Ineligible Uses Federal Matching Requirements Pensions Infrastructure Not Directly Addressed in ARPA Rainy Day Funds, Financial Reserves, and Outstanding Debt Reporting Requirements Metropolitan cities must submit an interim report and quarterly Project and Expenditure reports thereafter: Metropolitan cities with a population in excess of 250,000 will also be required to submit an annual Recovery Performance Plan to Treasury. Reporting Requirements •FAQ #44. -What records must be kept by governments receiving funds? •Financial records and supporting documents related to the award must be retained for a period of five years after all funds have been expended or returned to Treasury, whichever is later. This includes those which demonstrate the award funds were used for eligible purposes in accordance with the ARPA, Treasury’s regulations implementing those sections, and Treasury’s guidance on eligible uses of funds. Reporting Requirements •Local governments bear the responsibility for deciding if projects fall under eligible categories •Additional reporting requirements are under consideration and will be released soon. Treasury is inviting comments on all aspects of the reporting and recordkeeping requirements and comments will be accepted until July 16, 2021. ARPA Fiscal Recovery Funds Guidance Highlights Key Dates to Remember JAN 27, 2020: effective date of “public health emergency” MAR 3, 2021: “covered period” referenced in eligible uses JUL 16, 2021: comment period closing date for Interim Final Rule DEC 31, 2024: date by which Fiscal Recovery Funds must be incurred/ obligated DEC 31, 2026: “period of performance” end date – deadline to complete projects funded by Fiscal Recovery Funds •Stay in touch with GMA, ACCG, NLC-we are at the beginning of this journey and working closely with Treasury staff to update guidance to clarify definitions, simplify processes, and respond to all questions. •Immediate fixes needed: definition of broadband service; public utilities in calculations of lost revenue (Treasury is open to making suggested changes). •Open comment period on Interim Final Rule until July 16 before Final Rule is issued. •Send questions and comments to GMA staff •Additional GMA Training Webinar (Today) 5/26 at 4:00 pm www.gacities.com/arpa. Commission Meeting Agenda 7/1/2021 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