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Home My WebLink About2021-07-20 Meeting AgendaCommission Meeting Agenda Commission Chamber 7/20/2021 2:00 PM INVOCATION: Pastor John Donaldson Burns Memorial United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. CONSENT AGENDA (Items 1-39) PUBLIC SERVICES 1.Motion to approve New Location: A.N. 21-20: request by Ryan Thomas Zadina for a retail package Beer & Wine License to be used in connection with Express Lottery located at 3252 Wrightsboro Rd. District 2. Super District 9. (Approved by Public Services Committee July 14, 2021) Attachments 2.Motion to approve New Location: A.N. 21-21: request by Tyson T. Denizhan for an on premise consumption Beer & Wine License to be used in connection with Ephesus Med, LLC located at 3102 Washington Rd A. District 7. Super District 10.(Approved by Public Services Committee July 14, 2021) Attachments 3.Motion to approve New Location: A.N. 21-22: request by Vincent Ingallinera for an on premise consumption Incidental Beer & Wine License to be used in connection with Source Code Escape Games located at 1025 Broad Street. District 1. Super District 9. (Approved by Public Services Committee July 14, 2021) Attachments 4.Motion to approve Existing Location: A.N. 21-23: A request by Naveed H. Gojali for a retail package Beer & Wine License to be used in connection with Gate Two Stop N Shop located at 2985 Gordon Hwy. District 3. Super District 10. (Approved by Public Services Committee July 14, 2021) Attachments 5.Motion to approve the Change Order #2 S.D. Clifton Baggage Handling Replacement Project in the amount of $5,626.00 and a 14 day addition to the contract time. (Approved by Public Services Committee July 14, 2021). Attachments 6.Motion to approve the Daniel Field Airport receiving a 100% federal grant from the American Rescue Plan Act (ARPA) and approval of the mayor signing a resolution acknowledging the acceptance of said funding.(Approved by Public Services Committee July 14, 2021) Attachments 7.Motion to approve entering into Phase V contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $90,000.00’ for the purpose of digitizing and indexing historic building plans. (Approved by Public Services Committee July 14, 2021) Attachments 8.Motion to approve the purchase of a second exit lane egress tunnel unit and to authorize staff to amend the original purchase order to reflect the total costs of two (2) units. (Approved by Public Services Committee July 14, 2021) Attachments 9.Motion to approve request by Dorothy J. Smith for a Massage Operator License to be used in connection with Massage CSRA located at 3933 Wrightsboro Rd. District 3. Super District 10. (Approved by Public Services Committee July 14, 2021) Attachments 10.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 Attachments include beer and wine in unopened packages; and to include hours of sale for Single Event Alcohol Licenses. (Approved by the Commission July 1, 2019 - Second Reading) ADMINISTRATIVE SERVICES 11.Motion to approve due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item:Utilities Department - 21-066 - Warehouse Inventory Supplies. (Approved by Administrative Services Committee July 14, 2021) Attachments 12.Motion to approve the location of the historical marker honoring Augusta’s African American caddies and the COVID-19 memorial plaque. (Approved by Administrative Services Committee July 14, 2021) Attachments 13.Motion to approve and allow (thru HRs normal hiring process) the addition of one (1) new full-time position, to be named Administrative Assistant III, to the department of Housing and Community Development. (Approved by Administrative Services Committee July 14, 2021) Attachments 14.Motion to approve a request for Augusta, Georgia to enter in to a Memorandum of Understanding (MOU) with the Augusta Housing Authority (AHA) to support the acceptance of up to 155 Emergency Housing Vouchers, from the U.S. Department of Housing and Urban Development (HUD), through the Augusta Housing Authority and in partnership with the HUD recognized Coordinated Entry project sponsor, CSRA EOA, Inc. In order to meet HUD’s submission requirement, the community must have an MOU in place between AHA, Augusta, GA and CSRA EOA, Inc. as the designated Coordinated Entry project sponsor for the community. Also, authority for the Mayor to execute this MOU as Augusta, Georgia’s Certifying Official is included in this request. (Approved by Administrative Services Committee July 14, 2021) Attachments 15.Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Attachments Funding to contract with Capitalrise, LLC to develop new construction of one (1) single family unit.(Approved by Administrative Services Committee July 14, 2021) 16.Motion to approve Housing and Community Development Department's (HCD's) request to provide Laney Walker/ Bethlehem Revitalization Funding to contract with Capitalrise, LLC to develop new construction of one (1) single family unit. (Approved by Administrative Services Committee July 14, 2021) Attachments 17.Motion to approve four (4) Rehabilitation projects. (Approved by Administrative Services Committee July 14, 2021)Attachments PUBLIC SAFETY 18.Motion to approve Augusta-Richmond County FY22 Capacity Agreement for State Inmates being housed at the Richmond County Correctional Institution. (Approved by Public Safety Committee July 14, 2021) Attachments 19.Motion to approve erecting signage surrounding the Paine College Campus referring to the area as Historic Paine College District 15th St at Central Avenue; Druid Park at Central Avenue and Druid Park at Laney- Walker Blvd. (Approved by Public Safety Committee July 14, 2021) Attachments 20.Motion to authorize award of RFP #21-126, Online Training & Records Management System, of Augusta, Georgia Fire Department to Target Solutions subject to final contract negotiations; also authorize the Mayor to execute the final negotiated contract. (Approved by Public Safety Committee July 14, 2021) Attachments FINANCE 21.Motion to approve $30,000 allocation to support ARC redistricting process. (Approved by the Redistricting Subcommittee June 16, 2021 and Finance Committee July 14, 2021) Attachments 22.Motion to approve funding of operating, capital & encumbrance carryovers. (Approved by Finance Committee July 14, 2021)Attachments 23.Motion to approve resolution authorizing the execution of an Intergovernmental Service Agreement between Augusta and the Augusta Coliseum Authority in connection with the New James Brown Arena Project. (Approved by Finance Committee July 14, 2021) Attachments 24.Motion to approve resolution calling for an election on November 2, 2021 for the determination by the voters whether Augusta should issue up to $240,000,000 in general obligation bonds for the New James Brown Arena Project.(Approved by Finance Committee July 14, 2021) Attachments ENGINEERING SERVICES 25.Motion to approve a change order in the amount of $161,806.20 to Blair Construction, Inc. for the additional construction services needed on the Augusta Canal – Seepage Repair at Rock Creek Outfall Project. (Approved by Engineering Services Committee July 14, 2021) Attachments 26.Motion to approve award of Bid Item 21-163 Seal and Coat the Highland Tank Farm Room Concrete Floor to Industrial Repair Inc. at a total cost of $73,700.00. (Approved by Engineering Services Committee July 14, 2021) Attachments 27.Motion to approve awarding of Utilities Bid #20-218 to Approved Bidders. (Approved by Engineering Services Committee July 14, 2021) Attachments 28.Motion to approve the Deed of Dedication for Brookstone at Rae's Creek. (Approved by Engineering Services Committee July 14, 2021)Attachments 29. Motion to receive update regarding Bussey Road Paving and other Drainage Matters. Also Authorize Analysis Section Recommended Actions. Requested by AED. (Approved by Engineering Services Committee July 14, 2021) Attachments 30.Motion to approve tasking the Engineering Department to contact GDOT reference cleaning the drainage ditch along Gordon Highway from Wright One Paint & Body to Milledgeville Road. Also evaluate and improve the ditch that carries this drainage to Rocky Creek. This ditch runs behind the Kia dealership on Gordon Highway. It is no longer functional. This situation causes flooding at 1824 Gordon Highway and long the right of way. (Approved by Engineering Services Committee July 14, 2021) Attachments 31.Motion to approve and Accept Alley with its Right-of-Way (depicted as Tract “B-1” on attached As-built) Connecting Floyd Street (Public Road) to McCauley Street (Public Road) into Augusta, Georgia Public Roadway System upon Receipt of its Certified Plat & Proof of Ownership, Deed of Dedication and required other Legal Documentation as determined by Augusta Engineering Department. Requested by AED. (Approved by Engineering Services Committee July 14, 2021) Attachments 32.Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Haynes Station Phase 11. (Approved by Engineering Services Committee July 14, 2021) Attachments 33.Motion to determine that Crescent Drive, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee July 14, 2021) Attachments 34.Motion to approve award of Construction Contract to Reeves Construction Co. in the amount of $2,483,604.27 for Resurfacing Varies Roads as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. Bid 21-186. (Approved by Engineering Services Committee July 14, 2021) Attachments 35.Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section 7. (Approved by Engineering Services Committee July 14, 2021) Attachments 36.Motion to task the Engineering Department to conduct a feasibility study for the installation of a Traffic Light at the intersection of Peach Orchard Rd. (Highway 25) and Brown Rd.(Approved by Engineering Services Committee July 14, 2021) Attachments PETITIONS AND COMMUNICATIONS 37.Motion to approve the minutes of the Regular Meeting held on July 1, 2021 and Special Called Meeting held July 14, 2021. Attachments OTHER BUSINESS 38.Motion to approve submittal of the funding proposal for Federal Transit Administration (FTA) Section 5310 Enhanced Mobility for Seniors and Disabled Persons to the Georgia Department of Human Services and Central Savannah River Area – Agency on Aging.(Approved by Public Services Committee July 14, 2021) Attachments 39.Motion to approve Open Records documents and final DRAFT version of the credit card ordinance, resolution, and user agreement. (Approved by Administrative Services Committee July 14, 2021) Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/20/2021 AUGUSTA COMMISSION REGULAR AGENDA 7/20/2021 (Items 40-45) PUBLIC SERVICES 40.Initiate blight ordinance inspections on Cardinal Regency Mall LLC properties at 1200 Gordon Hwy. and 2810 Regency Blvd. (No recommendation from Public Services Committee July 14, 2021) Attachments FINANCE 41.Presentation by Mauldin & Jenkins of the results of the 2020 Financial Audit. Attachments 42.Call for Forensic Audit of all Departments and programs of the Augusta Georgia government. Instruct Procurement to call for bids and complete bid process with 60 days. (Requested by Commissioner John Clarke) Attachments ENGINEERING SERVICES 43.Consideration of implementation of the recommendations for the Augusta Landfill Rate Study and a proposed adjustment to the fee structure accordingly. Attachments OTHER BUSINESS 44.Read for the record the Commissioner's Oath of Office. (Requested by Commissioner John Clarke)Attachments 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. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 7/20/2021 2:00 PM Pastor John Donaldson Department: Department: Caption:Pastor John Donaldson Burns Memorial United Methodist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-20: request by Ryan Thomas Zadina for a retail package Beer & Wine License to be used in connection with Express Lottery located at 3252 Wrightsboro Rd. District 2. Super District 9. (Approved by Public Services Committee July 14, 2021) 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 Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-21: request by Tyson T. Denizhan for an on premise consumption Beer & Wine License to be used in connection with Ephesus Med, LLC located at 3102 Washington Rd A. District 7. Super District 10.(Approved by Public Services Committee July 14, 2021) 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 $625.00 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 Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-22: request by Vincent Ingallinera for an on premise consumption Incidental Beer & Wine License to be used in connection with Source Code Escape Games located at 1025 Broad Street. District 1. Super District 9. (Approved by Public Services Committee July 14, 2021) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augustaa's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $315.00. 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 Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 21-23: A request by Naveed H. Gojali for a retail package Beer & Wine License to be used in connection with Gate Two Stop N Shop located at 2985 Gordon Hwy. District 3. Super District 10. (Approved by Public Services Committee July 14, 2021) Background:This is an Existing Location. Formerly in the name of Balvant Mistry. 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 Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Change Order #2 SD Clifton Baggage Handling Replacement Project Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Change Order #2 S.D. Clifton Baggage Handling Replacement Project in the amount of $5,626.00 and a 14 day addition to the contract time. (Approved by Public Services Committee July 14, 2021). Background:S.D. Clifton Construction is contracted to construct the Baggage Handling System Replacement project at the Augusta Regional Airport. This work is taking place inside the Terminal Building Baggage Claim and Ticketing make-up areas. Phase one for this project is underway. Construction began on April 26, 2021. Due to material availability delays resulting in a force majeure claim, this requested Change Order 02 will have S.D. Clifton Construction switching terrazzo sub-contractors from Doyle Dickerson Terrazzo to David Allen Company. Doyle Dickerson was unable to procure and deliver on the commitment to S.D. Clifton in a timely manner and remaining with this subcontractor would have resulted in additional time delay and cost to the project. To keep the project moving and minimize impact, S. D. Clifton secured release from Doyle Dickerson and commitment from David Allen Company to complete the terrazzo scope of the project. The amended contract value for S.D. Clifton after Change Order #1 was $2,352,921.00 and this Change Order #2 in the amount of $5,626.00 amends their contract total to $2,358,547.00 and contract time to 156 days Analysis: Financial Impact:This change order will result in a Net Increase of 0.239%. The additional costs will be funded with Federal Airport Improvement Program (AIP) Grant #46. There are no enterprise funds or cost match required. Alternatives:To Deny Cover Memo Recommendation:Augusta Aviation Commission recommends approval. Funds are Available in the Following Accounts: Federal Funding (AIP Grant) 551181302-5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo CHANGE ORDER OWNER - Augusta Aviation Commission Augusta Regional Airport ARCHITECT / ENGINEER – Mead & Hunt, Inc. 1501 Aviation Way Augusta, GA 30906 5955 Core Road, Suite 515, North Charleston, SC 29406 Ph: 706-796-4010 Ph. (843)486-8330 DESCRIPTION of CHANGE: CP No. Description Amount COP-03 Terrazzo Subcontractor Change Force Majeure Claim $5,626.00 TOTAL $5,626.00 ADJUSTMENT of CONTRACT SUM ADJUSTMENT of CONTRACT TIME Original Contract Sum: $ 2,346,083.00 Original Contract Time: 142 (days) Prior Adjustments: $ 6,838.00 Prior Adjustments: 0 (days) Contract Sum Prior to this Change: $ 2,352,921.00 Contract Time Prior to this Change: 142 (days) Adjustment for this Change: $ 5,626.00 Adjustment for this Change: 14 (days) Revised Contract Sum: $ 2,358,547.00 Revised Contract Time: 156 (days) Contractor waives any claim for further adjustments of the Contract Sum and Contract Time related to the above described change in the work. ARCHITECT OWNER’S REPRESENTATIVE Recommended by: Recommended by: Architect Date Representative Date CONTRACTOR OWNER Accepted by: Approved by: Date Date PROJECT: AGS Baggage Handling System Replacement Project No.: 0119700-182115.02 CONTRACTOR: SD Clifton Construction, Inc. 4324 Wheeler Road, Martinez, GA 30907 CHANGE ORDER NO.: 02 Date: 05/12/2021 Cc: P.O. Box 949 – Evans, GA 30809 – 706-836-3238 - Fax: 706-733-4030- E-mail: brandon@sdclifton.com March 24, 2021 Mead & Hunt Inc. 5955 Core Road Suite 515 Charleston, SC 29406 Attn: Robert Moore Via email: robert.moore@meadhunt.com Re: Augusta Regional Airport Baggage Handling Project – 1501 Aviation Way Dear Robert: This is the cost associated with switching Terrazzo subcontractors in order to accommodate the schedule demands and sever ties with Doyle Dickerson Terrazzo due to them claiming Force Majeure to their subcontract and delaying the construction schedule for the foreseeable future by paying this premium we have the option to move forward with another supplier and/or terrazzo subcontractor. Cost to Move to David Allen Company in lieu of Doyle Dickerson Terrazzo = $5,626.00 Cost for the Change = $5,626.00 Approved By: _______________________________________________ Please let me know if you have any questions about any of the items listed above. Sincerely, Brandon Dominy Project Manager S.D. Clifton Construction, Inc. Augusta Regional Airport Notice 3/29/21 Dear Executive Director, We would like to present our current situation having to do with our Force Majeure notice. We have been notified by the current Terrazzo sub (Doyle Dickinson Terrazzo) that their supplier has incurred major damage to their manufacturing plant during the winter storm that went through Texas a few weeks back. As of now they cannot give us any date on when they will be able to get epoxy materials. While we were trying to confirm their statement, we reached out to other Terrazzo subs and we have found another sub that is willing to commit taking their place with less delay. David Allen Company is one of the largest Terrazzo subs in the nation. They also confirmed that one of the manufactures is having major supply issues but they have another manufacture that will commit to having them materials. The only setback is there has been a price increase on epoxy resign. We believe we currently have 2 options. #1 is to stay with Doyle Dickinson and delay the project under the Force Majeure clause in the contract. Again, as of today we have no commitment on when they will get materials. If this is the route being considered I have listed our General Conditions on a per week basis. Item Cost Superintendent $ 1,600.00 Gas $ 250.00 PM $ 1,200.00 Toilet $ 35.00 Phone $ 60.00 Super Truck allowance $ 175.00 PM Truck Allowance $ 90.00 O&P per Week $ 6,250.00 Total GCs per Week if Extended $ 9,660.00 Option #2 would be to move to David Allen Company and have them proceed with the project. We have spoken with Doyle Dickinson and they are willing to relinquish the contract as long as they are not responsible for delays or price increases. David Allen Company has committed to having us samples and shop drawings within a week or two to impact our schedule as little as possible. We will have to redo samples and shop drawings if we switch so our goal would be to keep our schedule but there is a small possibility of having a week or so of impact on the schedule. If we moved to David Allen Company, there would be an additional cost of $5,626.00 due to the price increase in epoxy and if we did push the schedule a week or so, we would ask for a contract extension to not have liquidated damages. However, if we move to David Allen Company, we would not ask for any additional General conditions due to an impact from David Allen Company. Our suggestion would be to move to David Allen Company. We ask you consider the $5,626 price increase as a much better scenario than the $9,660 per week general conditions. We will wait for your direction on how to proceed. Thanks Rob Clifton CEO Commission Meeting Agenda 7/20/2021 2:00 PM Daniel Field Airport Coronavirus (ARPA) Grant Department:Daniel Field Airport Department:Daniel Field Airport Caption:Motion to approve the Daniel Field Airport receiving a 100% federal grant from the American Rescue Plan Act (ARPA) and approval of the mayor signing a resolution acknowledging the acceptance of said funding.(Approved by Public Services Committee July 14, 2021) Background:On March 11, 2021, The American Rescue Plan Act (ARPA) was signed into law, providing approximately $8 billion in economic relief to eligible U.S. airports due to the COVID 19 pandemic, of which the Georgia Non-Primary Airports (General Aviation) will receive $3,458,000. Analysis:The Federal Aviation Administration (FAA) determined Daniel Field Airport as a regional asset airport according to the National Plan of Integrated Airport Systems (NPIAS) and has allocated a $59,000 ARPA grant to Daniel Field. This grant is 100% federally funded and will be administered through the Georgia Department of Transportation (GDOT) Aviation Program. Financial Impact:ARPA funding must follow the FAA's Revenue-Use Policy and can be used for payments such as grounds/building repairs and maintenance, supplies and airport utilities incurred beginning on January 20, 2020 (last January) to present and future expenses. Sponsors cannot apply for the same expenses that were documented in the previous CARES nor CRRSAA reimbursement programs. Alternatives:Deny the recommendation of the Daniel Field General Aviation Commission. Recommendation:It is the recommendation of the Daniel Field General Aviation Commission to approve acceptance of the ARPA grant and also Cover Memo to approve the mayor printing on City letterhead and signing the resolution included in this packet. Funds are Available in the Following Accounts: Funds will be set up in the enterprise fund 552 for Daniel Field for the $59,000 grant. FUNDING: Federal - 100% Fund: 552 State - 0% Local - 0% EEO Required: NO EEO Department Notified: NO REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo A RESOLUTION APPROVING ACCEPTANCE OF THE AMERICAN RESCUE PLAN ACT (ARPA) 100% GENERAL AVIATION AIRPORT FUNDING THROUGH THE FEDERAL AVIATION ADMINISTRATION AND/OR GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) FOR ALLOWABLE AIRPORT EXPENDITURES AT DANIEL FIELD AIRPORT. WHEREAS, on 11 March 2021, The American Rescue Plan Act (ARPA) was signed into law, providing approximately $8 billion in economic relief to eligible US airports due to the COVID 19 pandemic, of which the Georgia Non-Primary Airports (General Aviation) will receive $3,458,000; and WHEREAS, the Federal Aviation Administration (FAA) determined that grant amounts for eligible general aviation airports will be based on their National Plan of Integrated Airport Systems (NPIAS) ASSET category, will be 100% federal funds without a local airport sponsor match requirement, and are available to be used on any allowable airport expenses in accordance with the FAA’s Revenue-Use Policy, including operations, maintenance and repairs incurred since 20 January 2020 to present plus future expenses; and WHEREAS, Daniel Field Airport is an eligible general aviation airport, categorized as a Regional ASSET airport according to current the NPIAS report, which has been allocated a $59,000 ARPA grant; and WHEREAS, it is anticipated that the FAA intends to award these ARPA grants expeditiously to airport sponsors and State Block Grant Program participants, of which the GDOT Aviation Program is a participant; and WHEREAS, when the Daniel Field Airport is requested to execute its ARPA grant contract with the FAA through the GDOT Aviation Program, the Augusta Commission desires to accept the grant and to execute and return all required documents swiftly in order to receive the grant for Daniel Field Airport by authorizing Becky Shealy to process all requested and required documents for same; NOW, THEREFORE, be it resolved by the Augusta Commission and it is hereby resolved, by the authority of the same, as follows: The Augusta Commission hereby authorizes Becky Shealy to accept the ARPA 100% federal funded grant through the FAA’s agent, GDOT Aviation Program, upon notification of a grant contract, and Becky Shealy is authorized to execute and return all required documents swiftly. Adopted the 20th of July 2021. Signatories The Honorable Hardie Davis, Jr. David Fields Mayor, Augusta, Georgia Chairman, Daniel Field General Aviation Commission Commission Meeting Agenda 7/20/2021 2:00 PM Digitizing and Indexing Historic Building Plans Department:Planning & Development Department:Planning & Development Caption:Motion to approve entering into Phase V contract with MCCi, LLC as a sole source vendor for the amount of ‘not to exceed $90,000.00’ for the purpose of digitizing and indexing historic building plans. (Approved by Public Services Committee July 14, 2021) Background:The State record retention code requires that building plans be retained for the life of the structure. We had approximately twenty-five years of building plans stored in the attic of the building at 1815 Marvin Griffin Road when we began Phase I of this project. The plans have deteriorated over the years because of the exposure to the humid environment when the plans were stored at the old License & Inspection office at 1815 Marvin Griffin Road. The goal for this project is to have the building plans scanned in to a database where they can be stored and easily accessed. Analysis:The Information Technology Department is working with the Planning & Development Department for the conversion and indexing service to store building plans. The Planning & Development Department / Building Division 2021 Budget includes funds for this project…. In 2017, the Planning Department began the scanning project using MCCi because of their established vendor relationship within the Procurement Department and the Information Technology Department. Approximately 182,488 pages have been scanned in Phases I, II, III & IV at a total cost of approximately $195,000….The last contract with MCCi was approved May 21, 2019 for an amount not to exceed $85,000.00. The use of MCCi as the Sole Source vendor has been approved by the Procurement Department and the Administrator. Financial Impact:Not to exceed $90,000. Cover Memo Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: The funds are in Org. Key 217-07-2210, Object Code 5213110 Data Processing. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo PLANNING & DEVELOPMENT DEPARTMENT 535 Telfair Street o Suite 300 Augusta, Georgia 30901 1.803 Marvin Griffin Road Augusta, Georgia 30906 TO:MR. ODIE DONALD, ADMINISTRATOR MS. GERI SAMS, DIRECTOR OF PROCUREMENT ?M9 ROB SHERMAN, DIRECTOR PLANNING AND DEVELOPMENT CONVERSION & INDEXING SERVICE PROJECT FOR PLANNING AND DEVELOPMENT _ PHASE V JUNE 15,2021 FROM: SUBJECT: DATE: The lnformation Technology Department (lT) is working with the Planning and Development Department for the conversion and indexing service to store building plans. These plans are currently stored at the Record Retention site at 1815 Marvin Griffin Road. The Planning and Development Department is requesting to use MCCi LLC for the project continuation, Phase V. MCCi completed the first four phases of this project, is an established vendor within Augusta Procurement, and the lT Department has a contract with the company for the use of the LaserFiche Database software. The purpose of this project is to have the building plans scanned into a database where they can be stored and easily accessed. Enclosed is a Sole Source Justification form as well as the proposed contract with MCCi with a "not to exceed cost" of 590,000.00. The funds for this project are included in the 2021 Budget, Org. Key 2L7-07-2210 and Object Code 5213110. Upon your approval, we will proceed to create an agenda ltem for Commission approval. Please do not hesitate to contact me if you have questions. o",", (, f z//u zr Date: b/zA/z"u / Ms. GeriSams, Dir tor of Procurement Approve Phone:7OG - 827 - 7796 o Fax: 706 - 82! - 1806 o www,augustaga.gov Print Form Sole Source Justification (Reference Article 6, Procurement Source Selection Methods and Contract Awards, S 1-10-56 SOLE SOURCE PROCUREMENT Vendor: Mari E-Verify Number:4)1n') Commodity: Project Software Estimated annual expenditure for the above commodity or service:$ 9o,ooo Initial all entries below that apply to the proposed purchase. Attach a memorandum containing completejustification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). 1.SOLE SOLIRCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER,THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed.) SOLE SOURCE REQUEST IS FOR ONLY THE AUGUSTA GEORGIA AREA DISTRIBUTOR oF THE ORIGINAL MANUFACTURER oR pRovIDER. (Attach rhe manufacturer'5 - 1161 the distributel's - written certification that identiflres all regional distributors. Item no. 4 also must be completed.) THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FLINCTION. (Attach memorandum with details of specialized function or application.) THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memorandum describing basis for standardization request.) NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this sole source justification be authorized as a sole source for the r.*i". or material. Name: Robert H. Sherman.lll Department: ?lann inq & Development Date: 6/15/2021 2. J. 4. 5. 6. v Department Head Si Approval Authority: Date: Date: Admini strato, Appro'ul@ no, COMMENTS: Rev. 09/'10/12 7<'^n\/ 'z*/uzt O^nr@ Scanning Order Issued: May 28, 2021 Valid for 30 Days City of Augusta | Scanning Order Page 2 of 9 PROJECT SCOPE Client will furnish MCCi with all hardcopy/electronic documents for its use in preparing the document imaging project and that need to be converted. GENERAL DESCRIPTION DOCUMENT SIZE Large Format up to 42” wide DEPARTMENT Planning and Development DOCUMENT TYPES Plans DOCUMENT/ROLL/FICHE COUNT 1,644 IMAGE COUNT 65,777 IMAGES PER DOCUMENT/ROLL/FICHE 40 DOCUMENT PREPARATION CURRENT STORAGE METHOD Offsite Warehouse CONDITIONS OF DOCUMENTS Good IMAGE PROCESSING & INDEXING DPI & COLOR 300 DPI, Black & White NUMBER OF INDEX FIELDS Up to 4 Fields (Document name counts as an index) DOCUMENT NAMING CONVENTION Existing LF Template FIELDS TO BE INDEXED Document Name, year, type, TBD OPTICAL CHARACTER RECOGNITION Not Included IMAGE OUTPUT DELIVERY METHOD Secure FTP Transfer OUTPUT TYPE Laserfiche Briefcase MATERIAL HANDLING SHIPPING LOGISTICS MCCi Pickup SHIPPING & DELIVERY TERMS Up to 1 shipment SPECIAL NOTES Any corrections such as rescans or indexing changes must be brought to MCCi’s attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. | Scanning Order Page 3 of 9 PRICING Project I – Conversion of Documents estimated cost Not to Exceed $90,000.00 Excess Images @ $1.43 ALL QUOTES EXPIRE IN 30 DAYS PAYMENT & BILLING TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. | Scanning Order Page 4 of 9 SCANNING ASSUMPTIONS ERROR RATE MCCi’s acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCCi cannot be accountable for records not reflected in original inventory report provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE MCCi’s facilities contain secure rooms for hardcopy “work in progress” document storage. MCCi will arrange for the return of hardcopy documents to Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is delivered to Client, storage charges of $2.50 per cubic foot per month will apply. DATA STORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MCCi’s Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi’s discretion. MCCi recognizes that for records retention and security compliance, Client may require MCCi to delete copies of its data prior to MCCi’s process of deleting data; if so, Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES MCCi can provide any department in the organization with scanning services for documents other than those described in this pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non- legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA If included in the Scope of Services, MCCi will integrate the documents with the Laserfiche Software to provide Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi will provide Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING MCCi will post the documents to the web for a minimal annual fee. MCCi provides Client with a direct link which can then be linked to Client’s website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. This recurring web posting service will automatically renew and be billed unless Client has terminated the Agreement or provided sixty (60) days written notice prior to the scheduled renewal date of the recurring Services. No refunds are available in the event of cancelling prior to the expiration of a renewal term. | Scanning Order Page 5 of 9 PROJECT TIMELINE MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with Client. Should MCCi require additional time, Client will be notified immediately. DOCUMENT TRANSPORTATION Client is required to package all materials per MCCi’s instruction prior to delivery of materials to MCCi facilities. If Client chooses to utilize MCCi’s pickup and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to Client not having all the documents ready for pick up, additional charges will be applied. If Client chooses to ship via a certified carrier, Client incurs all shipping costs. PRICING Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES & SIZES The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. LASERFICHE SYSTEM CLIENTS Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Preferred/Best Value provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior to each scanning project / updates to existing projects. MCCi CERTIFIED PARTNERS MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCi. . Physical documents will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. SERVICES PROVIDED The services provided in this order will be in full force and effect for a period of 90 days from the date of shipment of the completed product to the organization. INDEMNIFICATION AND LIMITATION OF LIABILITY (a) Mutual Indemnification. Each Party shall indemnify, defend and hold the other harmless against any loss, damage or costs (including reasonable attorneys' fees) in connection with third Party claims, demands, suits, or proceedings ("Claims"): ▪ For bodily injury or personal property damage arising out of the indemnifying Party’s performance within the scope of its responsibilities under this Agreement. ▪ A breach of such Party’s obligations with respect to confidentiality ▪ A breach by such Party of laws. ▪ Caused by negligent acts, omissions or willful misconduct | Scanning Order Page 6 of 9 (b) MCCi Indemnification. MCCi shall defend, indemnify and hold Client harmless against Claims made or brought against Client by a third Party alleging that the use of any Deliverable as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third Party’s intellectual property rights. Notwithstanding the foregoing, MCCi shall not be required to indemnify Client to the extent the alleged infringement: (x) is based on information or requirements furnished by Client, (y) is the result of a modification made by a Party other than MCCi, or (z) arises from use of a Deliverable in combination with any other product or service not provided by MCCi. If Client is enjoined from using the Deliverable or MCCi reasonably believes it will be enjoined, MCCi shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the Deliverable so that it is no longer infringing. If neither of the foregoing options is reasonably available to MCCi, then this Agreement may be terminated at either Party’s option and MCCi’s sole liability shall subject to the limitation of liability provided in this Section. (c) Client Indemnification. If the Services require MCCi to access or use any third Party products provided or used by Client, Client warrants that it shall have all rights and licenses of third Parties necessary or appropriate for MCCi to access or use such third Party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees) to the extent arising from MCCi’s access to or use of such third Party products. (d) Indemnification Procedure. Each indemnified Party shall give the indemnifying Party (a) prompt written notice of the Claim; (b) sole control of the defense and settlement of the Claim (provided that the indemnifying Party may not settle any Claim unless it unconditionally releases the indemnified Party of all liability); and (c) at indemnifying Party's cost, all reasonable assistance. (e) Limitation of Liability. In no event shall either Party be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to such Party in advance or could have been reasonably foreseen by such Party, and whether in an action based on contract, warranty, strict liability, tort (including, without limitation, negligence) or otherwise. Except for a Party’s indemnification obligations, each Party's maximum aggregate liability for all claims, losses or other liability arising out of, or connected with, this Agreement, the Services contemplated hereunder or Client’s use of any such Services or Deliverables, and whether based upon contract, warranty, strict liability, tort (including, without limitation, negligence), or otherwise, shall in no case exceed the aggregate amounts paid to MCCi by Client under the applicable Order, giving rise to such claim during the last six (6) months. Each Party's entire liability and Client's remedies under this Agreement shall be subject to the limitations contained in this Section 11. The limitations on warranty and liability specified in Sections 10 and 11 hereof will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. USE OF BASECAMP Through the course of this project, MCCi may choose to utilize the third-party service Basecamp (http://www.basecamp.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Basecamp. | Scanning Order Page 7 of 9 MCCi, LLC CITY OF AUGUSTA By: _______________________________________________ By: ______________________________________________________ Name: ____________________________________________ Name: __________________________________________________ Title: ______________________________________________ Title: ____________________________________________________ Date: _____________________________________________ Date: ___________________________________________________ | Scanning Order Page 8 of 9 ADDENDUM TO PROFESSIONAL SERVICES CONTRACT The following will constitute an Addendum to the contract between MCCi, LLC (a wholly owned subsidiary of Municipal Code Corporation) and Augusta GA Government according to the following: AGREEMENT This agreement is made on by and between MCCi, LLC (a wholly owned subsidiary of Municipal Code Corporation) located at 1958-A Commonwealth Lane, Tallahassee, FL 32303, and Augusta GA Government located at 535 Telfair St Bldg 2000, Augusta, GA 30901 (hereafter referred to as the Client) and is intended to document the understanding of both parties regarding the destruction of city documents. UNDERSTANDING It is hereby understood that the Client has forwarded certain documents to MCCi for the purpose of scanning. Client is in receipt of the scanned images, and the Client has no further interest in the documents. It is the Client’s intention that MCCi dispose of the documents at this time. The manner of destruction is at the discretion of MCCi. If any costs are associated with the destruction of these documents, the client will be responsible for any cost incurred by MCCi. These documents are in no way confidential or sensitive and MCCi may recycle, shred, burn, or in any other manner destroy the documents. In no event will MCCi be held in any way responsible for any aspect of the destruction of said documents. Files to be destroyed are described in attached document. Submitted by: MCCi, LLC (a wholly owned subsidiary of Municipal Code Corporation) President/CEO Accepted by: Augusta GA Government Name and Title Date | Scanning Order Page 9 of 9 Commission Meeting Agenda 7/20/2021 2:00 PM Exit Lane Security Equipment Sole Source -2nd Purchase Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the purchase of a second exit lane egress tunnel unit and to authorize staff to amend the original purchase order to reflect the total costs of two (2) units. (Approved by Public Services Committee July 14, 2021) Background:In April, Airport staff, after further analysis proposed the addition of a second exit lane egress tunnel. The purchase of the first tunnel was approved in late 2020. The second tunnel will allow for future growth and more egress capacity. These egress tunnels, a security enhancement, allows one-way egress and eliminates the need to man the exit lane. The purchase of a second unit was approved “not to exceed” $105,000.00 by the Augusta Aviation Commission on April 29, 2021. Analysis:The Augusta Commission approved the sole source purchase action titled “Exit Lane Security Equipment” of the first unit on November 04, 2020 from vendor, RECORD-USA. Financial Impact:The purchase of a second unit was approved “not to exceed” $105,000.00 by the Augusta Aviation Commission on April 29, 2021 Alternatives:To Deny Recommendation:Augusta Aviation Commission approved with a not to exceed cost of $105,000.00 cost on April 29, 2021 and is recommending Augusta Commission Approval. Funds are Available in the Following Accounts: Federal funding (CARE ACT Grant) 551081118-5421110 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Massage Operator License Department:Planning & Development Department:Planning & Development Caption:Motion to approve request by Dorothy J. Smith for a Massage Operator License to be used in connection with Massage CSRA located at 3933 Wrightsboro Rd. District 3. Super District 10. (Approved by Public Services Committee July 14, 2021) Background:This is a New License to be used on an Out Call basis only. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay a one-time administrative fee of $120.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting 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: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 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. (Approved by the Commission July 1, 2019 - Second Reading) 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 7/20/2021 2:00 PM 2021 Annual Bid Recommendation of Award Department:Procurement Department:Procurement Caption:Motion to approve due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item:Utilities Department - 21-066 - Warehouse Inventory Supplies. (Approved by Administrative Services Committee July 14, 2021) Background:The item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:The Utilities Department is responsible for the purchase of the items listed on the individual bids. Financial Impact:Purchases will be made on an as needed basis. Various funds will be provided by the Utilities Departments. Alternatives:Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Approve item as requested or deny and require the Utilities Department to make purchases on on an as needed basis utilizing the guidelines provided in the Augusta Procurement Code. Funds are Available in the Following Accounts: 506-04-3410 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Invitation To Bid Sealed bids will be received at this office until Thursday, April 22, 2021 @ 11:00 a.m. via ZOOM – Meeting ID: 939 1808 3060; Password: 536566 for furnishing: BID ITEMS UTILITIES DEPARTMENT - ANNUAL CONTRACT COMMODITY CODE (Bid Items may have more parent codes) Bid Item 21-028 Safety Supplies 017-345-00 Bid Item 21-066 Warehouse Supplies 012-320-00; 012-560-83 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 535 Telfair Street - Room 605, Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or email to procbidandcontract@augustaga.gov to the office of the Augusta, Georgia Procurement Department by Friday, April 9, 2021 @ 5:00 P.M. No bid will be accepted by fax or email; all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail; fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email; all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 18, 25, 2021 and April 1, 8, 2021 Metro Courier March 18, 2021 Revised: 8/3/2016 OFFICIAL Core & Main, LP 3620 Milledgeville Road Augusta, GA 30909 E. T. IndustrialSupply Co., Inc. 3208-B Mike Padgett Highway Augusta, GA 30906 Ferguson Waterworks 4188 Belair Fontage Rd Augusta, GA 30909 Fortiline 1628 Barton Chapel Road Augusta, Ga 30909 Safety Supply Products 3517 Craftman Blvd. Lakeland, FL 33803 Yes Yes Yes Yes Yes 40635 297601 261662 1203946 639955 Yes Yes Yes Yes Yes Item #Est. Qty.Part Description 1 300 1" Corporation Stop FB 1000 or AY McDonald equal $74.04 NB $63.78 $54.72 NB 2 100 2" Corporation Stop, 7312 8B CC x MNPT $204.57 NB $217.83 $207.12 NB 3 200 3/4" Ford Ball $56.31 NB $42.05 $33.13 NB 4 600 3/4" Curb Stop FXF $57.98 NB $54.33 $49.49 NB 5 600 3/4" Curb Stop Compression $43.21 NB $63.02 $55.66 NB 6 600 1" Curb Stop FXF $95.53 NB $80.20 $69.23 NB 7 600 1" Curb Stop Compression $82.78 NB $88.83 $80.66 NB 8 200 3/4" Service Elbow Comp/MIP Thread L84-33 G $18.43 NB $16.10 $15.30 NB 9 200 1" Service Elbow Comp/MIP Thread L84-44 G $30.66 NB $27.81 $24.13 NB 10 200 3/4" Copper to Iron Compression C84-33 G $17.45 NB $14.46 $13.29 NB 11 200 1" Copper to Iron Compression C84- 44 G $20.66 NB $17.18 $15.75 NB 12 200 3/4" Copper to Copper Compression/Compression C44-33 G $21.25 NB $17.60 $16.19 NB 13 200 1" Copper to Copper Compression/Compression C44-44 G $24.31 NB $19.77 $18.52 NB 14 2000 3/4" Female Iron Pipe x 1" Male Iron Pipe C18-34 $4.00 NB NB $5.75 NB 15 100 3/4' Curb Stop Flare B21-333W. $57.71 NB $65.78 $55.86 NB 16 100 1'' Swivel Nut (Female Flare Nut Thread) X CTS 4476S-22 NB NB $30.76 $36.37 NB 17 100 1- 1/2" Ball Valve F x F B11-666 $190.79 NB $174.83 $153.04 NB 18 100 2” Ball Valve B11-777 $281.19 NB $236.72 $214.37 NB 19 500 Adapter, Meter, Brass 1" x 3/4" $5.00 NB NB $12.16 NB 20 500 Bushing, Brass 1" IPS x 3/4" IPS $5.00 NB $3.23 $3.95 NB 21 100 Corp Stop, 3/4" $56.31 NB $48.87 $44.88 NB 22 100 Corp Stop, Slip, 3/4" $60.00 NB $59.00 $44.88 NB 23 100 Corp Stop, Slip, 1" $80.00 NB $69.00 $54.72 NB Brass Fittings VENDOR Attachment "B" E-Verify # SAVE FORM Bid Item #21-066 Warehouse Supplies - Annual Contract for Augusta Georgia - Utilities Department Bid Date: Thursday, April 22, 2021 @ 11:00 a.m. via ZOOM Total Number Specifications Mailed Out: 30 Total packages submitted: 5 Total Noncompliant: 0 1 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL Item #Est. Qty.Part Description 24 100 3/4" PVC Coupling Sch #40 NB NB $0.33 $0.25 NB 25 100 1" PVC Coupling Sch #40 NB NB $0.60 $0.46 NB 26 100 3/4" PVC Female Adapter Sch #40 NB NB $0.60 $0.44 NB 27 100 4" PVC Sewer Tee Wye Glue x Glue for 30/34 Pipe NB NB $6.88 $5.99 NB 28 100 4" PVC Sewer Threaded Clean Out Plug for 30/34 Pipe NB NB $2.61 $2.28 NB 29 100 4" PVC Sewer Female Adapter for 30/34 Pipe NB NB $4.27 $3.73 NB 30 200 6" PVC Elbow 45 for 30/34 Pipe Glue x Glue NB NB $12.82 $11.20 NB 31 200 6" PVC Elbow 45 for 30/34 Pipe Glue x Spigot NB NB $16.41 $14.31 NB 32 200 6" PVC Clean Out w/Plug for 30/34 Pipe (Complete)NB NB $36.37 $29.00 NB 33 200 6" PVC Sewer Tee Wye Glue x Glue for 30/34 Pipe NB NB $47.28 $41.00 NB 34 100 4" PVC Elbow 45 Glue x Spigot for 30/34 Pipe NB NB $4.42 $3.86 NB 35 100 6” PVC Elbow 22 1/2” Glue x Glue for 30/34 Pipe NB NB $15.61 $13.67 NB 36 100 4” PVC Elbow 22 ½” Glue x Glue for 30/34 Pipe NB NB $3.57 $3.15 NB 37 50 4” Backwater Valve (Sewer), PVC NB NB $42.00 $75.00 NB 38 20 6” Backwater Valve (Sewer), PVC NB NB $189.00 $417.00 NB 39 50 Flange Kit, Cast Iron, 1 1/2" NB NB NB NB NB 40 50 Flange Kit, Cast Iron, 2" NB NB NB NB NB 41 20 2"C87 -77-NL Cplg MIX x PJ PVC $130.04 NB $88.80 $78.49 NB 42 20 2" C17 -77NL Cplg FIP XPJ (PVC) $114.15 NB $102.03 $90.20 NB 43 20 2" C77-77NL Cplg PJ(PVC) $155.48 NB $175.52 $118.48 NB 44 100 1 Sch 80 90° elbow NB NB $2.27 $1.85 NB 45 100 1 Sch 80 90° mip NB NB $8.57 $3.75 NB 46 100 1 Sch 80 fip NB NB $4.12 $3.45 NB 47 100 1 Sch 80 Coupling NB NB $2.70 $2.50 NB Item #Est. Qty.Part Description 48 100 3/4" X 2" Galv Nipple NB NB $1.75 NB NB 49 100 2" Galv Allthread Nipple NB NB $5.35 NB NB 50 200 3/4" Galv Comp Coup (LS) Dresser NB NB $26.88 NB NB 51 200 1" Galv Comp Coup (LS) Dresser NB NB $30.58 NB NB 52 200 2" Galv Comp Coup (LS) Dresser NB NB $59.12 NB NB 53 75 3/4" Galv Comp Coup (SS) Dresser NB NB $18.00 NB NB 54 75 1" Galv Comp Coup (SS) Dresser NB NB $24.29 NB NB 55 100 1- 1/4" Galv Comp Coup (SS) Dresser NB NB $48.22 NB NB 56 100 1- 1/2" Galv Comp Coup (SS) Dresser NB NB $51.68 NB NB 57 100 2" Galv Comp Coup (SS) Dresser NB NB $61.37 NB NB 58 100 3/4" X 3" Galv Nipple NB NB $1.98 NB NB 59 100 3/4" X 5" Galv Nipple NB NB $3.08 NB NB 60 100 2" X 4" Galv Nipple NB NB $6.87 NB NB 61 100 2" X 6" Galv Nipple NB NB $10.20 NB NB 62 50 1- 1/2" X 1" Galv Bell Reducer NB NB $10.48 NB NB 63 50 1" X 3/4" Galv Bell Reducer NB NB $5.94 NB NB PVC Fittings Galvanized Fittings, Nipple 2 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL 64 50 1- 1/4" X 3/4" Galv Bell Reducer NB NB $8.14 NB NB 65 100 2 ½ x 6 Galv Nipple NB NB $22.12 NB NB 66 100 2- ½ x 4 Galv Nipple NB NB $18.05 NB NB 67 100 2 ½ x 2 Galv Nipple NB NB $15.00 NB NB 68 100 2 x 1 ½ Galv Bell Reducer NB NB $14.30 NB NB 69 100 1 ½ x ¾ Galv Reducer NB NB $10.48 NB NB 70 25 2 x 1 Galv Bell Reducer NB NB $14.30 NB NB 71 100 2" Galv Allthread Nipple NB NB $5.01 NB NB 72 100 2" Brass Allthread Nipple NB NB $10.41 NB NB 73 100 2" X 3" Brass Nipple NB NB $12.68 NB NB 74 100 2" X 4" Brass Nipple NB NB $16.95 NB NB 75 100 2" X 6" Brass Nipple NB NB $28.00 NB NB Item #Est. Qty.Part Description 76 2000 3/4" Meter Coupling (5680 Hayes or Equal)NB NB $6.58 $4.50 NB 77 7000 3/4" Meter Washer (Rubber) NB NB $0.18 $0.09 NB 78 180 5/8" x 3/4" x 9" Meter Thread x Meter Thread 18-209 W. X.NB NB $137.56 $97.00 NB 79 100 5/8 x 3/4" x 12" Meter Thread X Meter Thread 18-212 W. X.NB NB $142.33 $101.00 NB 80 36 5/8 x 3/4" x 15" Meter Thread X Meter Thread 18-215 W. X.NB NB $147.12 $105.00 NB 81 2000 3/4" x 1/32" Fiber Meter Washer NB NB $0.13 $0.08 NB 82 400 1" Meter Coupling (5680 Hayes or Equal)NB NB $12.84 $5.90 NB 83 36 5/8" X 3/4" x 7" Meter Thread x Meter Thread 18-215 W. X.NB NB $134.48 $94.00 NB Item #Est. Qty.Part Description 84 50 Locking Ring and Cover (Bolt Down) $289.61 NB NB $245.00 NB 85 60 1" Manhole Ring Riser 24" $33.00 NB NB $27.00 NB 86 40 1- 1/2" Manhole Ring Riser 24" $34.45 NB NB $34.00 NB 87 60 2" Manhole Ring Riser 24" $51.23 NB NB $40.00 NB 88 30 6" Cement Grade Ring $43.75 NB NB $45.00 NB 89 30 4" Cement Grade Ring $39.38 NB NB $34.00 NB 90 30 2" Cement Grade Ring $30.63 NB NB $30.00 NB Meter Couplings, Washer and Re-setters Manhole Cover and Rings 3 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL Item #Est. Qty.Part Description 91 100 4" Max Adaptor $97.53 NB $70.78 $53.58 NB 92 100 8" Fernco Coupling 8" Clay x 6" PVC $18.00 NB $24.17 $14.00 NB 93 75 6" Fernco Coupling 6" Clay x 4" PVC $10.00 NB $13.48 $9.50 NB 94 200 6" Fernco Coupling 6" PVC x 4" PVC $10.00 NB $13.48 $9.50 NB 95 120 6" Max Adaptor $145.27 NB $100.50 $79.67 NB 96 100 8" Fernco Coupling 8" Concrete x 6" PVC $25.00 NB $25.96 $22.00 NB 97 100 8" Max Adaptor $192.00 NB $132.41 $104.98 NB 98 100 10" Max Adaptor $239.00 NB $173.61 $134.00 NB 99 100 12" Max Adaptor $287.00 NB $208.26 $160.00 NB 100 100 6" Fernco Coupling 6" Concrete x 4" PVC $10.00 NB $14.38 $9.50 NB Item #Est. Qty.Part Description 101 150 6" Hymax Coupling (642/768) HC $226.00 NB $255.25 $201.71 NB 102 30 8" Hymax Coupling (854/984) HC $255.00 NB $288.17 $227.74 NB 103 20 10" Hymax Coupling (1096/1226) HC $347.00 NB $360.73 $309.77 NB 104 10 12" Hymax Coupling (1315/1441) HC $463.00 NB $558.23 $413.69 NB 105 20 2" Hymax Coupling (210/303) HC $101.00 NB $114.02 $90.11 NB 106 20 4" Hymax Coupling (424/511) HC $171.00 NB $192.72 $152.31 NB 107 20 3" Hymax Coupling (364/433) HC $133.00 NB $150.41 $118.86 NB Item #Est. Qty.Part Description 108 400 Valve Box w/tops Slip Type $50.00 NB $53.78 $43.00 NB 109 296 6” Concrete Valve Box Pad NB NB $15.62 $11.50 NB 110 100 Valve Box Top Section w Tops Slip 15"$30.00 NB $27.50 $22.00 NB 111 100 1" Valve Box Riser $8.75 NB $7.68 $7.00 NB 112 100 1- 1/2" Valve Box Riser $10.00 NB $9.52 $8.00 NB 113 100 2" Valve Box Riser $11.25 NB $11.01 $9.50 NB 114 50 3" Valve Box Riser $15.43 NB $14.67 $12.00 NB 115 50 4" Valve Box Riser $20.00 NB $21.20 $16.00 NB 116 1000 Carson 10152012 1015-12 Plastic Body W/2" Touch Read hole in Lid (Complete) $19.00 NB $18.64 $21.00 NB 117 25 Jumbo Plastic Mtr Box (Complete) $60.00 NB $60.00 $28.00 NB 118 25 Super Jumbo Plastic Mtr Box (Complete)$135.00 NB $131.95 $115.00 NB 119 1500 Meter Box top W/2" Touch Read hole for Rome Box (10x19x10)$13.75 NB $12.24 $15.25 NB 120 1000 Meter Box top W/2" Touch Read hole and Rome Box (10x19x10) (Complete) $40.00 NB $38.63 $38.00 NB Fernco Coupling / Max Adaptor Hymax Coupling (Krausz) Valve Boxes and Tops 4 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL Item #Est. Qty.Part Description 121 10 3" x 15" Repair Band (346-370) Smith-Blair $104.00 NB $108.80 $86.74 NB 122 50 6" x 15" Repair Band (684-724) Smith-Blair $116.00 NB $137.75 $109.83 NB 123 50 6" x 15" Repair Band (684-764) Smith-Blair $116.00 NB $229.20 $158.37 NB 124 50 6" x 15" Repair Band (705-7.45) Smith-Blair 226 $160.00 NB $139.51 $111.25 NB 125 50 6” x 15” Repair Band (656-696) Smith-Blair $116.00 NB $131.42 $104.82 NB 126 100 ½” x 3” Handiband Repair Band Smith-Blair 244 $18.75 NB $25.88 $16.50 NB 127 100 ¾” x 3” Handiband Repair Band Smith-Blair 244 $19.00 NB $26.21 $16.71 NB 128 100 1” x 3” Handiband Repair Band Smith-Blair 244 $20.00 NB $27.74 $17.68 NB 129 100 2” x 3” Handiband Repair Band Smith-Blair 244 $41.00 NB $31.64 $20.28 NB 130 100 ½” x 6” Handiband Repair Band Smith-Blair 244 $20.00 NB $55.14 $35.13 NB 131 100 ¾” x 6” Handiband Repair Band Smith-Blair 244 $38.00 NB $55.44 $35.32 NB 132 100 1” x 6” Handiband Repair Band Smith-Blair 244 $39.00 NB $55.84 $35.58 NB 133 100 2” x 6” Handiband Repair Band Smith-Blair 244 $41.00 NB $59.12 $37.67 NB 134 30 6" x 7- 1/2" Repair Band (684-764) Smith-Blair $79.00 NB $88.17 $81.49 NB 135 20 2" x 15" Repair Band (2.35-2.63) Smith-Blair $50.00 NB $107.82 $75.67 NB 136 40 8” x 15” Repair Band (898-936) Smith-Blair $100.00 NB $193.71 $180.08 NB Item #Est. Qty.Part Description 137 40 6" M.J. Valve w/acc Open Left $650.00 NB $605.74 $463.91 NB 138 20 8" M. J. Valve w/acc Open Left $1,005.00 NB $908.02 $738.27 NB 139 40 2" Iron Body Valve w/2" Female Thread $320.00 NB $275.00 $222.54 NB 140 10 4" M.J. Valve w/acc (Open Right) $550.00 NB $484.27 $363.92 NB 141 40 6" M.J. Valve w/acc (Open Right) $650.00 NB $619.77 $463.91 NB 142 20 8” M.J. Valve w/acc (Open Right) $1,005.00 NB $968.11 $738.27 NB 143 6 4” Tapping Valve w/acc (Open Right)$930.00 NB $588.63 $458.85 NB 144 4 16" M.J. Valve w/acc and gearing (Open Right)$6,840.00 NB $7,750.00 $5,401.00 NB Item #Est. Qty.Part Description 145 50 6" x 1" CC Tapping Saddle(684-7.60) Double Strap $33.00 NB $45.42 $29.00 NB 146 20 4 x 1 CC Tapping Saddle (474-563) Double Strap $32.00 NB $36.88 $24.00 NB 147 12 8" x 2" CC Tapping Saddle (854- 1010) Double Strap $44.00 NB $61.84 $39.00 NB 148 12 10 x 2 CC Tapping Saddle (1061- 1212) Double Strap $78.00 NB $81.60 $53.00 NB 149 12 12 x 1" CC Tapping Saddle (1262- 1432) Double Strap $57.00 NB $76.88 $51.00 NB 150 36 8" x 1" CC Tapping Saddle (854- 1010) Double Strap $35.00 NB $49.60 $32.00 NB 151 12 10"x 1" CC Tapping Saddle (10.64- 12.12) Double Strap $88.00 NB $64.10 $41.00 NB 152 24 8" x 1" CC Tapping Saddle (796-872) Double Strap 313 $35.00 NB $46.72 $31.00 NB 153 24 2- 1/2" X 1" CC Tapping Saddle (2.44 - 2.97 ) Double Strap $25.00 NB $28.84 $19.00 NB 154 50 6" x 1" CC Tapping Saddle(684-7.60) Double Strap 313 $28.00 NB $45.42 $29.00 NB 155 30 2" x 1" CC Tapping Saddle (2.35- 2.56) Double Strap 313 $25.00 NB $26.27 $18.00 NB 156 30 6" x 2" CC Tapping Saddle (6.87- 7.60) Double Strap 313 $37.00 NB $56.00 $37.00 NB Repair Bands M.J. Valves - Open Left Tapping Saddles 5 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL Item #Est. Qty.Part Description 157 3300 3/4" Copper Tubing 60' Rolls Soft K NB NB NB $5.75 NB 158 4600 3/4" Copper Tubing 100' Rolls Soft K NB NB NB $5.75 NB 159 4200 1" Copper Tubing 60' Rolls Soft K NB NB NB $7.50 NB 160 1500 1" Copper Tubing 100' Rolls Soft K NB NB NB $7.50 NB 161 300 1 1/2" Copper Tubing 60' Rolls Soft K NB NB NB $11.75 NB 162 300 2" Copper Tubing 60' Rolls Soft K NB NB NB $18.50 NB 163 1001 4" PVC Sewer Pipe 30/34 x/Lub NB NB NB $1.90 NB 164 3003 6" PVC Sewer Pipe 30/34 w/Lub NB NB NB $4.25 NB 165 1001 8" PVC Sewer Pipe 30/34 w/Lub NB NB NB $7.65 NB 166 500 6” Ductile Pipe Slip Joint NB NB NB $16.73 NB 167 500 8" Ductile Pipe Slip Joint NB NB NB $22.02 NB 168 200 14" Ductile Iron Water Pipe NB NB NB $43.77 NB 169 200 16" Ductile Iron Water Pipe NB NB NB $54.58 NB 170 1000 4” C900 Water Pipe NB NB NB $5.90 NB 171 2000 6” C900 Water Pipe NB NB NB $11.70 NB 172 2000 8” C900 Water Pipe NB NB NB $20.10 NB 173 1000 10” C900 Water Pipe NB NB NB $30.60 NB 174 1000 12" C900 Water Pipe NB NB NB $38.50 NB 175 2100 2" galvanized pipe NB NB NB NB NB 176 1500 3/4" PVC Pipe SCH 40 NB NB NB $0.75 NB 177 1500 1” PVC Pipe SCH 40 NB NB NB $1.00 NB 178 1200 2" PVC Pipe SCH 40 NB NB NB $1.75 NB Item #Est. Qty.Part Description 179 50 Square Point Open Back Blade 48" Oak Handle (Razor Back Brand or NB $25.00 NB NB NB 180 50 Round Point Open Back Blade 48" Oak Handle (Razor Back Brand or NB $25.00 NB NB NB 181 20 Fiberglass Closed Back Drain Spade Long Handle #47-602 (Razor Back NB $37.13 NB NB NB 182 20 Fiberglass Handle Forged Bow Rake #63-184 (Razor Back Brand or like NB $32.00 NB NB NB 183 12 Wooden Oak Handle Bush Axe (Razor Back Brand or like quality)NB $39.00 NB NB NB 184 12 Fiberglass Handle Double Face Axe (Razor Back Brand or like quality)NB $42.90 NB NB NB 185 50 3/4" Hose Bib NB NB $11.42 $4.75 NB 186 50 3/4" pressure Reducing Valve (PRV) Watts or equal NB NB $96.80 $59.50 NB 187 48 1" pressure Reducing Valve (PRV) Watts or equal NB NB $100.65 $83.00 NB 188 20 3/4" Gate Valve (Hand) Brass NB NB $12.74 $6.95 NB 189 20 1" Gate Valve (Hand) Brass NB NB $17.75 $9.95 NB 190 20 2" Gate Valve (Hand) Brass NB NB $52.11 $32.95 NB Tools & Miscellaneous Parts Item listed must be Razor Back Brand or like quality: Pipe: Galvanized, PVC and Copper Tubing 6 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL Item #Est. Qty.Part Description 191 10 6" M.J. Elbows 45 NB NB $66.74 $59.00 NB 192 2 8" M.J. Elbows 22 1/2 NB NB $94.94 $85.00 NB 193 2 8" M.J. Elbows 45 NB NB $97.29 $87.00 NB 194 2 8" M.J. Elbows 90 NB NB $118.91 $107.00 NB 195 2 10" M.J. Elbow 45 NB NB $140.53 $125.00 NB 196 2 10" M.J. Elbow 90 NB NB $188.43 $168.00 NB 197 10 6" x 6" x 6" M.J. Tee NB NB $118.44 $106.00 NB 198 5 8" x 8" x 8" M.J. Tee NB NB $177.19 $159.00 NB 199 4 6" M.J. Elbow 22 ½” NB NB $60.63 $55.00 NB 200 15 1” x 24 ¾” Adjustable Ring NB NB NB NB NB 201 15 2” x 24 ¾” Adjustable Ring NB NB NB NB NB Item #Est. Qty.Part Description 202 5 6" x 6" M.J. Tapping Sleeve For Cast Iron NB NB $1,008.56 $775.00 NB 203 5 8" x 6" M.J. Tapping Sleeve For Cast Iron NB NB $1,238.65 $913.00 NB 204 5 8” x 4” M.J. Tapping Sleeve For Cast Iron NB NB $1,238.65 $913.00 NB 205 3 8” x 4” M.J. Tapping Sleeve For AC (epoxy coated)NB NB NB NB NB 206 4 12” x 6” M.J. Tapping Sleeve For CI/DI (epoxy coated)NB NB NB NB NB 207 2 14” x 6” M.J. Tapping Sleeve For CI/DI (epoxy coated)NB NB NB NB NB Item #Est. Qty.Part Description 208 200 6" Mega Lug (for Ductile Pipe) Packs w/acc NB NB $39.87 $34.25 NB 209 50 8" Mega Lug (for Ductile Pipe) Packs w/acc NB NB $54.11 $46.67 NB 210 30 12” Mega Lug (for Ductile Pipe) Packs w/acc NB NB $103.64 $89.21 NB 211 12 16" Mega Lug (for PVC Pipe) Packs w/acc NB NB $223.73 $199.87 NB 212 50 6" Mega Lug (for PVC Pipe) Packs w/acc NB NB $46.59 $39.89 NB 213 50 8” Mega Lug (for PVC Pipe) Packs w/acc NB NB $62.86 $53.82 NB 214 30 4” Mega Lug (for PVC Pipe) Packs w/acc NB NB $36.73 $31.87 NB 215 30 4” Mega Lug (for Ductile Pipe) Packs w/acc NB NB $32.04 $27.72 NB 216 30 3” Mega Lug (for Ductile Pipe) Packs w/acc NB NB $29.52 $25.47 NB Item #Est. Qty.Part Description 217 5 M&H 5- 1/4 Fire Hydrant Ext 12” 6 & 8 Bolts $353.00 NB NB $262.00 NB 218 5 M&H 5- 1/4 Fire Hydrant Ext 18” 6 & 8 Bolts $404.00 NB NB $299.00 NB 219 5 M&H 5- 1/4 Fire Hydrant Ext 24” 6 & 8 Bolts $448.00 NB NB $332.00 NB 220 5 MU 5- 1/4 Fire Hydrant Ext 12” 6 & 8 Bolts NB NB $597.50 $358.00 NB 221 5 MU 5- 1/4 Fire Hydrant Ext 18” 6 & 8 Bolts NB NB $678.35 $407.00 NB 222 5 MU 5- 1/4 Fire Hydrant Ext 24” 6 & 8 Bolts NB NB $736.94 $458.00 NB 223 20 Safety Flange Kit /f M&H 5- ¼ Fire Hydrant $144.00 NB NB $127.00 NB 224 10 Safety Flange Kit /f M&H 4- 1/2 Fire Hydrant $144.00 NB NB $127.00 NB 225 20 Safety Flange Kit /f MU 5- 1/4 Fire Hydrant NB NB $135.00 $123.00 NB 226 10 Safety Flange Kit /f MU 4- 1/2 Fire Hydrant NB NB $150.00 $116.00 NB 227 2 MU 4- 1/2 Fire Hydrant Ext 12” NB NB $324.80 $323.00 NB M.J. TAPPING SLEEVES C.I. AND AC PIPE Mega Lug for DI and PVC Pipe (Smith-Blair) FIRE HYDRANT M.J. ELBOWS AND TEE'S (EPOXY COATED) 7 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL 228 2 M&H 4- 1/2 Fire Hydrant Ext 12” NB NB NB $248.00 NB 229 10 36" 5 -1/4 x 36 Bury Fire Hydrant - Mueller NB NB $1,744.71 $1,550.32 NB 230 10 36" 5- 1/4 x 36 Bury Fire Hydrant - M&H $1,650.00 NB NB $1,550.32 NB 231 25 48" 5- 1/4 x 48 Bury Fire Hydrant - Mueller NB NB $1,893.87 $1,625.89 NB 232 25 48" 5- 1/4 x 48 Bury Fire Hydrant - M&H $1,731.00 NB NB $1,625.89 NB 233 1 72" 5- 1/4 x 72 Bury Fire Hydrant - Mueller NB NB $2,069.60 $1,776.66 NB 234 1 72" 5 -1/4 x 72 Bury Fire Hydrant - M&H $1,891.00 NB NB $1,776.66 NB Item #Est. Qty.Part Description 235 5 Watts 1 Double Check Valve Assembly NB NB $131.92 $113.00 NB 236 5 Watts 1- 1/2 Double Check Valve Assembly NB NB $288.65 $248.00 NB 237 5 Watts 2 Double Check Valve Assembly NB NB $354.54 $303.00 NB 238 5 Watts 1 Reduce Pressure Zone Assembly NB NB $218.18 $187.00 NB 239 5 Watts 1-1/2 Reduce Pressure Zone Assy NB NB $411.81 $352.00 NB 240 5 Watts 2 Reduce Pressure Zone Assembly NB NB $452.73 $387.00 NB 241 5 Watts 3 Reduce Pressure Zone Assembly NB NB $1,669.29 $1,506.00 NB Item #Est. Qty.Part Description 242 1000 Asphalt Bags (Perma Patch) (60 lbs) NB NB NB NB NB 243 100 Fast Plug (Hy Cement) 50 lbs NB NB $33.30 $24.50 NB 244 120 W5CP Water Filter Cart/Sed NB NB NB NB NB 245 30 WC34-PR Whole House Water Filter NB NB NB NB NB 246 200 32 oz Purple Primer/Cleaner NB NB $15.95 NB NB 247 200 1 Qt #5 Pipe CMPD Brushtop NB NB $37.00 NB NB 248 2000 1 Pint Hot Blue Cement NB NB $12.58 NB NB 249 1000 Portland Cement (Type I) 92.6 lbs NB NB NB NB NB 250 125 Disposable Coveralls Large NB $6.00 NB NB $3.96 251 125 Disposable Coveralls X-Large NB $6.00 NB NB $3.96 252 125 Disposable Coveralls 2X- Large NB $6.50 NB NB $3.96 253 125 Disposable Coveralls 3X-Large NB $6.50 NB NB $4.13 254 125 Disposable Coveralls 4X-Large NB $7.00 NB NB $4.38 255 50 Disposable Coveralls 5X-Large NB $7.00 NB NB $4.69 256 50 Disposable Coveralls 6X- Large NB $8.75 NB NB NB BACK FLOW DEVICES Additional Items 8 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET OFFICIAL Item #Est. Qty.Part Description 257 10 Repair Band, (899-939), 8" X 12 1/2" S-B or equal NB NB $166.02 $115.00 NB 258 20 Repair Band, (970-1010), 8" X 15" S- B or equal NB NB $225.55 $156.00 NB 259 20 Repair Band, (899-979), 8" X 7 1/2" S-B or equal NB NB $135.20 $92.17 NB 260 20 Repair Band, (933-971), 8" X 7 1/2" S-B or equal NB NB $105.97 $73.00 NB 261 20 Repair Band, (899 - 939), 8" X 15" S- B or equal NB NB $264.15 $137.00 NB 262 20 Repair Band, (899-939), 8" X 20" S-B or equal NB NB $274.08 $189.00 NB 263 20 Repair Band, (705-745), 6" X 20" S-B or equal NB NB $237.68 $165.00 NB 264 20 Repair Band, (684-724), 6" X 7 1/2" S-B or equal NB NB $86.67 $69.00 NB 265 20 Repair Band, (854-894), 8" X 12 1/2" S-B or equal NB NB $161.10 $119.00 NB 266 20 Repair Band, (854-894), 8" X 10" S-B or equal NB NB $135.31 $94.00 NB 267 20 Repair Band, (899-979), 8" X 15" S-B or equal NB NB $196.86 $180.08 NB 268 20 Repair Band, (854-894), 8" X 12 1/2" S-B or equal NB NB $161.10 $134.00 NB 269 20 Repair Band, (854-894), 8" X 7 1/2" S-B or equal NB NB $100.47 $69.00 NB Item #Est. Qty.Part Description 270 10 8 Macro COUPLING, ROMAC 8.60 - 9.75 NB NB $336.36 $370.00 NB 271 10 6 Macro COUPLING, ROMAC 6.60 - 7.60 NB NB $297.03 $327.00 NB 272 10 8 ALPHA Restraint Coupling 8.60- 9.10 $351.00 NB $464.70 $445.00 NB 273 10 6 ALPHA Restraint Coupling 6.60- 7.00 $308.00 NB $409.27 $392.00 NB 274 10 8 Cap, Wide Ranged, Romac Alpha End $194.00 NB $339.35 $338.00 NB 275 10 6 Cap, Wide Ranged, Romac Alpha End $273.00 NB $247.26 $247.00 NB Repair Bands Romac Couplings 9 of 9 PDFConvert.49922.1.21-066_OFFICIAL_TAB_SHEET Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2020 Amounts Budget Comments 21-066 1. Core & Main 2. E.T. Industrial Supply 3. Ferguson Waterworks 4. Fortline $222,838.31 $1,000,000.00 $222,838.31 $1,000,000.00Total Sec. 1-10-58. Annual Contracts. Purchases on the following annual bid items will exceed $25,000.00 per order: Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Utilities Department Warehouse Inventory Supplies 1.Core & Main 2. E.T. Industrial Supply 3. Ferguson Waterworks 4. Fortiline 5. Safety Supply Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Commission Meeting Agenda 7/20/2021 2:00 PM COVID Memorial + Honoring African American Caddies Department:Administrator Department:Administrator Caption:Motion to approve the location of the historical marker honoring Augusta’s African American caddies and the COVID- 19 memorial plaque. (Approved by Administrative Services Committee July 14, 2021) Background:The Commission authorized the creation of both a COVID-19 memorial plaque and a historical marker honoring the rich history of Augusta’s African American caddies. Staff submits for consideration and approval the location of the plaque and marker. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Cover Memo OFFICE OF THE ADMINISTRATOR Odie Donald, II Administrator Augusta-Richmond County Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2898 Fax (706) 821-2819 www.augustaga.gov Date: July 7, 2021 To: Mayor Hardie Davis Mayor Pro Tem Bobby Williams Commissioner Jordan Johnson Commissioner Dennis Williams Commissioner Catherine Smith McKnight Commissioner Sammie Sais Commissioner Ben Hasan Commissioner Sean Frantom Commissioner Brandon Garrett Commissioner Francine Scott Commissioner John Clarke From: Odie Donald II, Administrator Subject: COVID-19 Memorial Plaque + Historical Marker Overview The Commission authorized the creation of both a COVID-19 memorial plaque and a historical marker honoring the rich history of Augusta’s African American caddies. Covid-19 Memorial Plaque Staff recommends including the Covid-19 plaques with existing memorials at the bulkhead of 10th Street, commonly known as Heroes Overlook. Potential locations are highlighted with a red dot in the picture below. Under the staff proposal, markers would be placed on the wall leading to Heroes Overlook or a monument would be erected similar to the existing monuments in honor of police deputies and firefighters. OFFICE OF THE ADMINISTRATOR Odie Donald, II Administrator Augusta-Richmond County Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2898 Fax (706) 821-2819 www.augustaga.gov Historical Marker Honoring African American Caddies Staff recommends that the historical marker be placed on the median of Fleming Avenue close to the intersection of Wheeler Road and Fleming Avenue (highlighted below). Traffic Engineering has confirmed that the suggested location would not create any right-of-way concerns Commission Meeting Agenda 7/20/2021 2:00 PM HCD Position Request Department:Housing and Community Development Department:Housing and Community Development Caption:Motion to approve and allow (thru HRs normal hiring process) the addition of one (1) new full-time position, to be named Administrative Assistant III, to the department of Housing and Community Development. (Approved by Administrative Services Committee July 14, 2021) Background:HCD has the fiduciary duty/responsibility to administer (on behalf of Augusta, GA) four (4) U.S. Department of Housing and Urban Development (HUD) Programs. As of 2020, through an array of federal resources HCD has received an increase in its responsibilities to deliver essential services specific to a) homelessness, b)domestic violence haven relief, c)HIV/AIDS haven relief, and d)COVID 19 relief. To appropriately deliver these vital public services, the Administrator is requesting to add one (1) administrative position to the roster of Housing and Community Development. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: 1. US Treasury ~ Emergency Rental Assistance1 (Source1) 2. US Treasury ~ Emergency Rental Assistance2 (Source2) 3. HOME ~ American Rescue Plan (Source3) Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Page 1 Augusta, Georgia Job Description Approved Title: Administrative Assistant III Job Code: FLSA Classification: Non-Exempt Working Job Title: Administrative Assistant Pay Grade: 15 Date Revised: June 10, 2019 Department: Augusta Housing & Community Development Reports to: Director, HCD Does the Position Have Direct Reports? Yes No If Yes, What is the Title of the Position that Reports to this Position: _________________N/A_______________________ Is this Position Safety Sensitive? Yes No GENERAL SUMMARY: Coordinates, oversees, and/or performs a wide variety of administrative, secretarial, and program support activities on behalf of the Director, Deputy Director and other management staff for a department or large division. Serves as a point of contact for operational and administrative issues. Assist in Coordinating and supervising special projects and/or events. May serve on committees in a support capacity. KEY RESPONSIBILITIES AND PERFORMANCE STANDARDS Percentages TYPICAL CLASS ESSENTIAL DUTIES: 25% Performs customer service functions in person, by telephone, and by mail: provides information/assistance regarding department/division services, procedures, fees, or other issues; responds to routine questions or complaints; researches problems/complaints and initiates problem resolution. 15% Serves as liaison between the assigned department and other departments/divisions, staff members, Consolidated Government officials, the public, community leaders, outside agencies, or other individuals or organizations: distributes and receives routine information; interacts with various officials and dignitaries involving sensitive client relations; conveys information among division/department personnel; and circulates documentation to appropriate departments. 20% Provides administrative/secretarial support for management and/or staff of assigned department/division: relieves management staff of routine administrative tasks; screens telephone calls, mail, email, and other communications and initiates appropriate action/response; records and transcribes dictation; types, composes, edits, or proofreads various documentation; maintains calendars and schedules meetings, appointments, interviews, or other activities; coordinates travel arrangements, accommodations, conference registrations, or related plans for department staff. 0% Processes purchasing documentation: reviews purchase requisitions and verifies availability of budgeted funds; prepares purchase orders and forwards data to appropriate departments; obtains competitive price quotes; orders materials under blanket purchase orders.; reviews invoices, purchase orders, or other documents for accuracy; researches discrepancies, assigns proper accounting/budgetary codes, obtains proper signatures, and forwards for payment; and maintains files and records. Page 2 0% Processes documentation pertaining to budget or general financial management: reviews invoices for accuracy, matches with purchase orders; enters budget data into computer; assists with budget preparation; provides budgetary input and assists in forecasting revenues/expenditures; enters daily revenue into computer and generates revenue reports; reviews monthly budget analysis reports; monitors expenditures to ensure compliance with approved budget; processes budget transfers as needed; reconciles payable records with Finance Department records; prepares bank deposits; coordinates internal accounting activities; maintains current balances for accounts; and maintains departmental petty cash funds 15% Receives and sorts incoming documentation and materials: sends/receives documentation; distributes/delivers incoming faxes, mail, or other documentation to appropriate personnel; sorts, organizes, opens, and/or distributes incoming mail; signs for incoming packages and delivers to appropriate personnel; processes outgoing mail; and copies and distributes forms, reports, correspondence, schedules, agendas, or other documentation. 15% Processes a variety of documentation associated with department operations within designated timeframes and per established procedures; receives, reviews, records, types, and/or distributes documentation; enters data into computer systems; logs, tracks, or maintains records regarding department activities; and compiles data for further processing or for use in preparation of department reports; files, maintains, and stores hardcopy records. 0% Processes applications for department services, such as licenses, facility usage, program enrollment, employment, or other purposes: distributes application forms and provides information; accepts fees/deposits and processes completed applications; issues permits as appropriate; and administers work order program and opens/closes work order requests. 10% Performs data entry functions by keying data into computer system; enters, retrieves, reviews or modifies data in computer database; scans documents into computer; verifies accuracy of entered data and makes corrections; indexes documents; and develops databases and computerized reports. As Required Performs other duties of a similar nature or level 100% Total POSITION SPECIFIC RESPONSIBILITIES: • Coordinates and serves as special projects and logistics • Assist in Prepares management plan for all grant funded contracts ensuring compliance for grant requirements. • Provides reports on a regular basis, and as directed or requested, to keep senior level and mid-level management informed of the operation and progress of expenditure activities including direction and strategy to meet annual goal. Identifies potential areas of compliance vulnerability and risk • Assist Deputy Director in maintaining, revising of policies and procedures for the general operation of the department as it relates to activities to include review of all contracts, amendments, and agreements REQUIRED MINIMUM QUALIFICATIONS: Education: High School diploma or G.E.D. Experience: 3 years of clerical, administrative support, secretarial, customer service, and or record management experience Knowledge/Skills/Abilities: • Competency in reading and comprehending complex local, state, and federal regulations and interacting with local, state and federal officials. • Considerable knowledge of modern office procedures, recordkeeping, and bookkeeping practices. • Excellent communication skills, both oral and written. • Demonstrated ability to work independently. Page 3 • Proficiency in using a data base system and operation of general office equipment. Proficiency in working within deadlines and report preparation. Certification: N/A Licensing: • Possession of a valid driver’s license with good driving history. If State license is other than Georgia or South Carolina, applicant must obtain a license in Georgia or South Carolina within 30 days of employment. OTHER: Does this position require staff call up in an emergency situation? Yes No Is travel from office to other locations required of this position? Yes No If yes, what is the percentage of travel involved? Less than 50%? Yes No More than 50%? Yes No PERFORMANCE APTITUDES: • Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. • Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. • Equipment: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. • Verbal: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. • Math: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. • Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. • Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. • Physical Abilities: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. • Sensory Requirements: Some tasks require the ability to communicate orally. • Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. FINANCIAL RESPONSIBILITY: Is this position involved in a budgetary or financial approval responsibility? Yes No If yes, please indicate size of budget or financial approval responsibility in annual dollar amount: $ _________ TRAINING & SUPERVISORY RESPONSIBILITY: How many people are being supervised or trained? None One staff Yes No Two to five staff Yes No Six to ten staff Yes No More than ten staff Yes No The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees to this job. REVIEW/APPROVALS ______________________________________________________ ______________________ Page 4 Employee (Print Name) Date ______________________________________________________ ______________________ Employee (Signature) Date ______________________________________________________ ______________________ Line or Staff Management Date ______________________________________________________ ______________________ Department Director Date ______________________________________________________ ______________________ Compensation and Benefits Manager Date ______________________________________________________ ______________________ Human Resource Director Date Commission Meeting Agenda 7/20/2021 2:00 PM HCD_ Emergency Housing Voucher MOU Department:HCD Department:HCD Caption:Motion to approve a request for Augusta, Georgia to enter in to a Memorandum of Understanding (MOU) with the Augusta Housing Authority (AHA) to support the acceptance of up to 155 Emergency Housing Vouchers, from the U.S. Department of Housing and Urban Development (HUD), through the Augusta Housing Authority and in partnership with the HUD recognized Coordinated Entry project sponsor, CSRA EOA, Inc. In order to meet HUD’s submission requirement, the community must have an MOU in place between AHA, Augusta, GA and CSRA EOA, Inc. as the designated Coordinated Entry project sponsor for the community. Also, authority for the Mayor to execute this MOU as Augusta, Georgia’s Certifying Official is included in this request. (Approved by Administrative Services Committee July 14, 2021) Background:In the American Rescue Plan (ARP), the U.S. Department of Housing and Urban Development received funding for Emergency Housing Vouchers, to be issued through local Housing Authorities in partnership with local Continuums of Care (CoCs) and the CoCs Coordinated Entry project(s). The Emergency Housing Vouchers (EHVs) are to assist individuals and families who are experiencing homelessness; at risk of experiencing homelessness; fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or were recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability. The partners have agreed to provide services and EHVs to up to 155 eligible families in Augusta – Richmond County. Augusta, Georgia, through Housing and Community Development, will: · Provide technical support for referral process through community’s Homeless Management Information System (HMIS). · Provide technical assistance to ensure regulatory compliance with potential utilization of Emergency Cover Memo Solutions Grant (ESG) resources in conjunction with this program. · Foster partnerships through HCD’s resources that would benefit the local residents impacted by this program. The Augusta Housing Authority will: · Operate the program for the provision of up to 155 Emergency Housing Vouchers in compliance with all applicable laws and regulations governing the implementation of these vouchers. · Agree to receive qualified referrals of eligible residents from the community’s Coordinated Entry Project for admission in to the Emergency Housing Voucher Program CSRA EOA, Inc. will: · Continue to operate as the HUD recognized Coordinated Entry project sponsor for the Augusta-Richmond County Continuum of Care (CoC GA-504) · Complete intakes and assessments and provide qualified referrals of eligible residents from the community’s Coordinated Entry Project for admission in to the Emergency Housing Voucher Program · Provide staff support and management service to facilitate referrals of eligible residents requesting assistance through the Coordinated Entry project. Analysis:The approval of the MOU will allow for said partnership to support the implementation of 155 Emergency Housing Vouchers through the Augusta Housing Authority to provide permanent housing resources to persons meeting the eligibility criteria as provided by HUD. Financial Impact:HCD will not allocate funds toward this project. Alternatives:Do not approve HCD’s Request to enter in to a Memorandum of Understanding (MOU) with the Augusta Housing Authority (AHA) to support the acceptance of up to 155 Emergency Housing Vouchers, from the U.S. Department of Housing and Urban Development (HUD). Recommendation:Motion to Approve Augusta, Georgia to enter in to a Memorandum of Understanding (MOU) with the Augusta Housing Authority (AHA) to support the acceptance of up to 155 Emergency Housing Vouchers, from the U.S. Department of Housing and Urban Development (HUD), through the Augusta Housing Authority and in partnership with the HUD recognized Coordinated Entry project sponsor, CSRA EOA, Inc. Funds are Available in the Following Accounts: HCD will not allocate funds toward this project. REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Memorandum of Understanding for the Emergency Housing Vouchers Program This Memorandum of Understanding (MOU) has been created and entered as of the ______ day of __________, 2021 (the effective date) by and between the Housing Authority of the City of Augusta, Georgia (hereinafter called “AHA”), the City of Augusta, Georgia through the Housing and Community Development Department’s Continuum of Care Program (hereinafter called “CoC”), and the CSRA Economic Opportunity Authority, Inc. (hereinafter called “CE”). The addresses of these agencies are as follows: The Housing Authority of the City of Augusta 1435 Walton Way Augusta, GA 30901 City of Augusta, Georgia City of Augusta, Georgia Through Its Housing and Community Development Department As Continuum of Care Lead Agency 510 Fenwick Street Augusta, GA 30901 CSRA Economic Opportunity Authority, Inc. As Continuum of Care Coordinated Entry Project Sponsor 1261 Greene Street Augusta, GA 30901 Purpose: The Emergency Housing Vouchers (EHVs) are to assist individuals and families who are experiencing homelessness; at risk of experiencing homelessness; fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or were recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability. The partners have agreed to provide services and EHVs to 155 eligible families. I. Goals of the Program: 1. AHA, CoC’s, and CE commitment to administering the EHVs in accordance with all program requirements. 2. AHA’s goals and standards of success in administering the program. 3. Identification of staff position at the AHA, CoC, and CE who will serve as the lead EHV liaisons. Lead Liaisons: Name and title of AHA staff position Name and title of CoC staff position Name and title of CE staff position II. Define the populations eligible for EHV assistance to be referred by CoC and CE. Eligibility for these EHVs is limited to individuals and families who are (1) homeless; (2) at risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking; or (4) recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability. III. Services to be provided to eligible EHV families. 1. Partnering service providers will support individuals and families in completing applications and obtaining necessary supporting documentation to support referrals and applications for assistance while aiding households in addressing barriers. 2. Partnering service providers will assist AHA in ensuring appointment notifications are received by eligible individuals and families and will assist eligible households in getting to meetings with the AHA. 3. AHA will establish windows of time for EHV applicants to complete intake interviews for the EHV. 4. Partnering service providers will provide housing search assistance for eligible individuals and families. 5. Partnering service providers will provide counseling on compliance with rental lease requirements. 6. Partnering service providers will assess individuals and families who may require referrals for assistance on security deposits, utility connection fees, and utility deposits. 7. Partnering service providers will assess and refer individuals and families to benefits and supportive services where applicable. IV. AHA Roles and Responsibilities 1. Coordinate and consult with the CoC in developing the services and assistance to be offered under the EHV services fee. 2. Accept direct referrals for eligible individuals and families through the CoC Coordinated Entry System. 3. Commit staff and necessary resources to ensure that the application, certification, and voucher issuance processes are completed in a timely manner. 4. Commit staff and resources to ensure that inspections of units are completed in a timely manner. 5. Designate a staff member to serve as the lead EHV liaison. 6. Comply with the provisions of this MOU. V. CoC and CE Roles and Responsibilities 1. Designate and maintain a lead EHV liaison to communicate with the AHA. 2. Commit staff and necessary resources to ensure that the application, certification, and voucher issuance processes are completed in a timely manner. 3. Refer eligible individuals and families to AHA using the community’s Coordinated Entry System. 4. Support eligible individuals and households in completing and applying for supportive documentation to accompany admissions application to the AHA (i.e. self-certifications, birth certificate, social security card, etc.). 5. Attend EHV participant briefings when needed. 6. Assess all households referred for EHV for mainstream benefits and supportive services available to support eligible individuals and families through their transition. 7. Identify and provide supportive services to EHV families. (While EHV participants are not required to participate in services, the CoC should assure that services are available and accessible.) 8. Comply with the provisions of this MOU. VI. Program Evaluation The AHA, CoC, and CE recipient agree to cooperate with HUD, provide requested data to HUD or HUD-approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD-approved contractor, including possible random assignment procedures. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: Housing Authority of the City of Augusta, Georgia SEAL: ______________________ __________ Jacob L. Oglesby Date Executive Director, AHA _______________________ (Plain witness) ATTEST: City of Augusta, Georgia SEAL By: ______________________ __________ Hardie Davis, Jr. Date As Its Mayor ______________________________ Lena Bonner Clerk of Commission ______________________ __________ Odie Donald, II Date Administrator ______________________ __________ Hawthorne Welcher, Jr. Date Director, HCD ATTEST: CSRA Economic Opportunity Authority, Inc. SEAL: ______________________ __________ Lola Walton-Johnson Date Executive Director, CSRA EOA _______________________ (Plain witness) _____________________________________________________________________________ Special Attention of: Notice PIH 2021-15 (HA) Directors of HUD Regional and Field Offices of Public Housing; Issued: May 5, 2021 Agencies that Administer the Housing Choice Voucher Program Expires: This notice remains in effect until amended, superseded, or rescinded. ______________________________________________________________________________ SUBJECT: Emergency Housing Vouchers – Operating Requirements 1. Purpose This notice describes the process HUD is using to allocate approximately 70,000 emergency housing vouchers (EHVs) to public housing agencies (PHAs). These EHVs are to assist individuals and families1 who are experiencing homelessness; at risk of experiencing homelessness; fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or were recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability. This notice also sets forth the operating requirements for the EHVs, including the administrative fees and fees for other eligible expenses; the housing assistance payments (HAP) funding renewal process; family eligibility requirements; EHV waivers, alternative requirements, and special rules, including a requirement that families are offered housing search assistance and that PHAs partner with the Continuum of Care (CoC) or other homeless or victim services providers to assist qualifying families through a direct referral process; the EHV recapture and redistribution procedures, and the prohibition on the reissuance of turnover EHVs after September 30, 2023. 2. Background On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (P.L. 117-2, hereafter referred to in this notice as “the ARP”) into law, which provides over $1.9 1 While the ARP and the definitions of the qualifying categories specifically refer to “individuals and families,” under the HCV program regulations at 24 CFR 982.4, the term “family” is a person or a group of persons, as determined by the PHA consistent with 24 CFR 5.403, approved to reside in a unit with assistance under the program. The term “family” used in EHV/HCV context always includes a family that is comprised of a single individual as well as a group of persons. 2 trillion in relief to address the continued impact of the -COVID-19 pandemic on the economy, public health, State and local governments, individuals, and businesses. Section 3202 of the ARP appropriates $5 billion for new incremental EHVs, the renewal of those EHVs, and fees for the cost of administering the EHVs and other eligible expenses defined by notice to prevent, prepare, and respond to coronavirus to facilitate the leasing of the emergency vouchers, such as security deposit assistance and other costs related to retention and support of participating owners.2 Eligibility for these EHVs is limited to individuals and families who are (1) homeless; (2) at risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking; or (4) recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability. After September 30, 2023, a PHA may not reissue any previously leased EHV, regardless of when the assistance for the formerly assisted family ends or ended. EHVs are tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). The ARP further provides that HUD may waive any provision of any statute or regulation used to administer the amounts made available under section 3202 (except for requirements related to fair housing, nondiscrimination, labor standards and the environment) upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the use of amounts made available for the EHVs. To facilitate and expedite leasing, PHAs that accept an allocation of EHVs will receive an allocation of administrative fee funding for other eligible expenses defined by this notice that are not normally eligible administrative expenses under the Housing Choice Voucher (HCV) program, as well as administrative fees for the cost of administering EHVs. The administrative fees and fees for EHV eligible expenses are described in detail in section 6 of this notice. EHV Housing Assistance Payment (HAP) funding (both the initial funding allocation and subsequent renewals) and both forms of administrative fee funding have been appropriated separate and apart from the regular HCV program appropriations provided through HUD’s annual appropriations acts. The ARP limits the use of all EHV funding by time and purpose. Consequently, ARP EHV funding HAP and administrative fee funding (including services fees) covered by this notice may only be used for the EHVs and may not be for the PHA’s regular HCVs or other special purpose vouchers (including Mainstream vouchers). 2Under Section 3202, the $5 billion in appropriations may also be used for “adjustments in the calendar year 2021 section 8 renewal funding allocations, including mainstream vouchers, for public housing agencies that experience a significant increase in voucher per-unit costs due to extraordinary circumstances or that, despite taking reasonable cost savings measures, would otherwise be required to terminate rental assistance for families as a result of insufficient funding.” Use of a portion of the $5 billion for that purpose will be covered under a separate notice. 3 3. PHA Eligibility To be eligible to receive an EHV funding allocation, a PHA must currently administer the HCV program through an existing Consolidated Annual Contributions Contract (CACC) with HUD. Non-profit agencies that only administer HCV Mainstream vouchers are not eligible to receive an EHV allocation. 4. EHV Allocation Formula HUD’s allocation formula is designed to direct emergency vouchers to the PHAs operating in areas where the EHV’s eligible populations have the greatest need while also taking into account PHA capacity and the requirement to ensure geographic diversity, including rural areas. The following data and indicators were used to develop the statutorily mandated allocation formula: a. Comparative homeless and at-risk of homelessness need In developing an allocation formula based on comparative need, HUD focused on “homeless need” and “at-risk of homelessness need.” These measures also serve as a proxy for relative need regarding the eligibility categories that includes those fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking3; as well as recently homeless families for whom providing rental assistance will prevent the family’s homelessness or having a high risk of housing instability. HUD is defining homeless need as the total count of persons experiencing homelessness (whether sheltered or unsheltered). HUD is using January 2020 Continuum of Care (CoC) Point-in-Time (PIT) homeless data for this measure. HUD does not generally use PIT homeless data to allocate funds. However, as was the case when HUD allocated Emergency Solutions Grant (ESG)-CV2 funding4, HUD is using PIT homeless data to allocate these emergency vouchers to PHAs as expeditiously as possible. For at-risk of homelessness need, HUD used special tabulation data from the American Community Survey (ACS 2013-17) on rental households with incomes less than 30 3 The 2018 Part 2 Annual Homeless Assessment Report (AHAR) notes that it is difficult to count the full extent that individuals are fleeing domestic and other violence, but based on bed capacity, we expect a substantial portion of those in the homeless data are in fact homeless because of domestic violence: “Based on the bed counts in the 2018 HIC, 12 percent of the emergency shelter, safe haven, and transitional housing beds for people currently experiencing homelessness were intended for survivors of domestic violence (DV). A smaller share, 6 percent, of all the beds available year-round in the homeless services system (including beds in permanent housing programs) were targeted to domestic violence survivors. Approximately 16 percent of all DV beds were in permanent housing programs.” https://www.huduser.gov/portal/sites/default/files/pdf/2018-AHAR-Part-2.pdf 4 https://www.hud.gov/sites/dfiles/CPD/documents/ESG_CARES_Act_Round_2_Allocation_Methodology_rev.pdf 4 percent of Area Median Income (AMI).5 HUD used data sets on those households living in overcrowded units (1.01 or more persons per room) and/or without complete kitchen or plumbing (referred to below as “At-risk Category 1”); and for those households that in addition to meeting the income and housing condition criteria are also severely rent burdened (paying more than half their income for rent) (referred to below as “At-risk Category 2”). To construct need measures for PHAs, HUD had to convert data to the county level. ACS at-risk of homelessness data are available at the county level. However, the PIT homeless data are available at the Continuums of Care geographies that can vary from a place within a county to being multiple counties. HUD allocated the PIT homeless data to the county level using a county-to-CoC crosswalk based on the renter share in each county with income less than 30 percent of AMI and then used it to determine comparative homeless and at-risk of homelessness need at a county-by-county level. To allocate the PIT homeless data and the ACS at-risk of homelessness data to PHAs, each PHA was allocated these need variables based on their December 2020 share of voucher leasing in each county. For example, if a PHA’s share of currently served voucher tenants in a county is 20 percent, they would be allocated 20 percent of the need for that county. Their total need is the sum of their county allocated need across all counties in which they have active voucher tenants. b. Ensuring geographic diversity including with respect to rural areas As discussed above, HUD’s allocation formula is primarily driven by relative EHV eligibility need under the assumption that a PHA with an operating area that includes a higher number of homeless or at-risk of homelessness people should receive a larger allocation share than a PHA with relatively few homeless or at-risk of homelessness individuals and families in its operating area. However, PHAs serving rural areas might have a relatively low absolute number of such individuals and families due to the low population of the area in general, but nonetheless have a high rate of homeless and at-risk individuals and families as a percentage of that general population. To address these circumstances, HUD’s allocation formula also identifies PHAs that operate in areas which have high rates of homelessness or at-risk of homelessness (among all PHAs, those with a rate of need in the top quartile for any of the three need variables – homeless persons, At-risk Category 1, and At-risk Category 2), even if the overall number of those individuals and families is comparatively low when compared to the rest of the country. The formula ensures that at least one PHA operating in each area with these high homeless or at-risk of homelessness rates will receive an EHV allocation. 5The McKinney-Vento definition of “at-risk” homelessness for households specifies that they have incomes of less than 30 percent of Area Median Income in addition to one or more other characteristic that puts them at risk for homelessness. 5 c. Public housing agency capacity The HUD allocation formula considers two factors when determining the PHA’s capacity to implement this program effectively and quickly. The first is how many vouchers an agency currently administers within each county. As discussed above, the more vouchers a PHA administers in a county relative to other PHAs with jurisdiction in that same county, the greater the share of the homeless/at-risk of homelessness need within the county that will be potentially allocated to that PHA. The second factor is the PHA’s estimated leasing potential, as measured by the PHA’s current number of unleased vouchers and its available budget authority to lease those vouchers (over and above voucher turnover) in its existing HCV program. PHAs with HCV programs that are fully leased or almost fully leased are assumed to have the operational capacity to take on a new allocation of vouchers, specifically an allocation targeted for traditionally hard-to-house homeless and at-risk of homelessness populations. In contrast, PHAs that will simultaneously need to put significant attention and effort into leasing a significant number of unused vouchers that are already part of the PHA’s HCV program are assumed to have less capacity to administer the EHVs. HUD calculates leasing potential using the PHA’s actual leasing and cost data reported by the PHA in the Voucher Management System (VMS) and all the budget authority available to the PHA for the calendar year (including reserves). HUD projects PHA spending for the future months based on VMS information (e.g., vouchers that have been issued to families that are currently engaged in their housing search, per unit cost (PUC) trends, etc.) and then estimates the number of vouchers the PHA could potentially lease, factoring in the need for the PHA to maintain a reasonable reserve. Once the need from each county is assigned to a PHA consistent with paragraphs (a) and (b) above, that need is then adjusted based on a PHA’s current leasing potential for their existing HCV program. Leasing potential for the initial 39 MTW agencies is calculated in the following manner. The Planned Number of MTW HCV Households Served, as stated in an MTW PHA’s FY2020 Annual MTW Plan, is the total number of households that the MTW PHA planned to serve through the full Plan Year. This total is compared to VMS data from the last month of the MTW PHA’s Fiscal Year 2020 (e.g., for an MTW PHA with a Fiscal Year 2020 that spans January 1, 2020 – December 31, 2020, December 2020 VMS data is used). Based on an MTW PHA’s agreed upon baseline worksheet for the MTW statutory requirement of Serving Substantially the Same (STS) number of families as it otherwise would have absent MTW designation, certain Special Purpose Vouchers (SPVs) may have also been included in the leasing calculation if applicable to an MTW PHA’s specific STS compliance documents. The total number of MTW voucher units in VMS is then divided by the Planned Number of MTW HCV Households Served as stated in an agency’s FY 2020 Annual MTW Plan, to arrive at a leasing percentage that determines if an agency has met its stated goal for 6 housing MTW voucher households for FY2020. MTW PHAs that have achieved less than 95 percent of their Planned Number of MTW HCV Households Served will have the allocation adjusted downward in proportion to the extent that it is below 95 percent. Finally, with further respect to capacity, HUD may determine a PHA, including an MTW PHA, lacks capacity to administer EHVs based on unresolved outstanding civil rights violations or major program management findings from an Inspector General audit, HUD management review, or Independent Public Accountant (IPA) audit for the PHA’s HCV program, or other significant program compliance issues that were not resolved, or in the process of being resolved, as determined by HUD. d. Base formula structure All PHAs will be assigned a base formula allocation, which is estimated using a dual formula structure that provides the highest allocation of vouchers for a PHA based on one of these formulas: Formula A. Homeless Need Adjusted for PHA Capacity The estimated Homeless Need as described in paragraph (a) assigned to a PHA reduced by the PHA’s leasing potential divided by total Homeless Need less national leasing potential multiplied by the number of EHVs available to be allocated. Formula B. At-risk of Homelessness Need Adjusted for PHA Capacity At-risk Category 1 assigned to a PHA reduced by a PHA’s leasing potential divided by all PHA At-risk Category 1 less national leasing potential multiplied by 50 percent of EHVs available to be allocated plus At-risk category 2 assigned to a PHA reduced by a PHA’s leasing potential divided by all PHA At-risk category 2 less national leasing potential multiplied by 50 percent of EHVs available to be allocated. The formula compares the allocation the PHA would receive under each formula and uses the formula allocation that allocates the highest number of EHVs to the PHA. That assigned voucher allocation is then subject to a pro-rata reduction so that the total number of EHVs that will be allocated to all PHAs is equal to the 70,000 vouchers available to be allocated. e. Minimum allocation size and rural area adjustments HUD generally considers 25 vouchers to be the necessary minimum allocation size for a PHA to implement a targeted voucher program that has unique rules and alternative requirements. Accordingly, the basic allocation formula requires that the PHA must qualify for a minimum of 25 vouchers in order to receive an allocation with the following exception. As discussed earlier, the formula makes adjustments with respect to this minimum size in order to ensure high need rural areas are represented. For areas (county 7 or group of counties) with high rates of homelessness or at-risk of homelessness populations, at least one PHA will receive an allocation of EHVs, even if no PHA met the minimum 25 voucher requirement. The PHA that is primarily operating in the high need area and to which the formula would allocate the largest allocation of EHVs will be allocated the greater of (1) the number of vouchers it received under the base formula or (2) 15 EHVs. Each state has a base allocation, which is the total number of EHVs allocated to each PHA in the state under the base formula allocation in paragraph d. The minimum size allocation requirement and the rural high need adjustments may, however, cause the base allocation of some states to change. To restore the state base allocation (and to maintain the national total of 70,000 EHVs), the formula makes one final pro-rata adjustment. If there are not enough “below the minimum” vouchers (EHVs not allocated because they were part of an allocation that was less than 25 vouchers) within the state necessary to make up for the rural high need adjustments (where PHAs received additional vouchers to reach the 15-voucher minimum), each PHA will always receive its minimum size allocation. The minimum allocation size is 25 vouchers in most cases but will be 24 to 15 vouchers for PHAs that received the rural high need adjustment. If on the other hand there are more vouchers available for the state because of the number of “below the minimum” vouchers exceeded the number of vouchers needed to make the rural high need adjustments, the formula makes the following adjustment. First, the number of vouchers available for reallocation is reduced proportionate across all of this subgroup of states to support the vouchers allocated above the state base amounts described in the paragraph above. Next, for the remaining vouchers, for states where there is a state agency that administers the HCV program, the state agency will receive the additional vouchers because the state agency is likely to be able to operate in those rural areas of the state that did not get an allocation because they did not qualify as a high need area. For states without a state agency administering the HCV program, HUD will prorate the excess “below the minimum” vouchers to all PHAs in the state that qualified for an EHV allocation based on their share of allocated vouchers above the high need rural area 15-voucher minimum. HUD will reallocate any vouchers within the state that become available because PHAs declined their initial EHV allocation using the same approach described above, that is, allocating to state agencies if a state has a state agency or pro-rata within the state if it does not. 5. Invitation/Acceptance Process Once HUD has determined the EHV allocation in accordance with section 4 above, HUD will notify eligible PHAs of the number of EHVs allocated to the PHA no later than May 10, 2021. 8 The notification will specify the number of vouchers allocated to the PHA in accordance with the allocation formula and will provide specific instructions regarding how the PHA may either accept or decline the allocation. While PHAs are encouraged to accept the entire EHV allocation, the PHA may choose to accept a lower number of vouchers than the number offered by HUD in the notification, but not less than the minimum allocation of 25 or 15 EHVs, as applicable. HUD may subsequently contact PHAs to ask them to accept or decline the offer of additional EHVs if additional EHVs become available because other PHAs declined their allocation. PHAs are encouraged to respond to HUD’s notification as soon as possible but must provide their acceptance of the allocation (or a portion of the allocation) and the terms and conditions of the program no later than 14 calendar days following HUD’s notification.6 6. Administrative Fees and Funding for Other Eligible Expenses The ARP provides funding for fees for the costs of administering the EHVs and other eligible expenses defined by notice to prevent, prepare for and respond to coronavirus to facilitate the leasing of the emergency housing vouchers, such as security deposit assistance and other costs related to retention and support of participating owners. PHAs will be allocated administrative fee funding for EHV administrative costs and for other eligible expenses described in this notice. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other PHA programs or vouchers (e.g., regular HCVs, Mainstream vouchers, etc.). As is the case with Mainstream vouchers, the PHA must maintain separate financial records from its regular HCV funding for all EHV funding, both HAP and administrative fee amounts. Please see section 15 below for more information on the use of funds, reporting, and financial records. PHAs will be allocated administrative fees as follows: a. Preliminary Fee. PHAs will receive a single, one-time preliminary fee of $400 per EHV allocated to the PHA once the PHA’s CACC is amended to reflect the EHV funding obligation. This fee amount will support the anticipated immediate start-up costs that the PHA will incur in implementing the EHV alternative requirements, such as the outreach to and coordination with the CoC7 and other potential partnering agencies and planning and development. This fee may be used for any eligible administrative expenses related to the EHVs. This fee may also be used to pay for any of the eligible activities under the EHV services fee (see paragraph d below). b. Placement Fee /Expedited Issuance Reporting Fee. This fee amount will support initial lease-up costs as well as the added cost and effort required to expedite the leasing 6 PHAs are not required to have the memorandum of understanding (MOU) in place with the CoC at the time they accept the allocation. PHAs that agree to accept an allocation must enter into an MOU with a partnering CoC within 30 days of the effective date of the ACC funding increment for the EHVs. See section 9.b below. 7 Please see the description of the CoC and its partnership role in referring families to the PHA in section 9.b below. 9 of the EHVs. Initial lease-up costs are expected to include the PHA’s costs to establish and refine the direct referral process with its partners and to expedite income determinations, family briefings, and voucher issuance. It also supports the PHA’s costs to report the issuance of the EHV to HUD ahead of the normally applicable reporting deadlines, which will allow HUD access to EHV issuance data in as timely a manner as possible. PHAs will receive $100 for each EHV that is initially leased upon the effective leasing date of that voucher if the PHA reported the voucher issuance date8 in the Public Housing Information Center-Next Generation (PIC-NG) system within 14 days of the later of the voucher issuance date or the date when the system becomes available for reporting. (See Section 15 for additional information on reporting requirements.) PHAs will receive an additional placement fee of $500 for each EHV family placed under a HAP contract that is effective no later than four months after the effective date of the ACC funding increment for that EHV, or $250 for each EHV family placed under a HAP contract with an effective date that is after 4 months but no later than six months after the effective date of the ACC funding increment for that EHV.9 This bifurcated fee structure is based on the anticipated extra costs the PHA will experience in its efforts to expedite the leasing of the EHVs and the expectation that those costs should start to diminish as the PHA gains more experience operating the EHV program and resolving leasing challenges for EHV families. In cases where the PHA received more than one EHV allocation and the funding increments have different dates, HUD will determine the PHA’s eligibility for the placement fee based on the effective date of the PHA’s initial increment. EHVs from the initial increment are expected to be issued and leased first for purposes of calculating the placement fee. Once the number of EHVs under lease equals the total number of vouchers allocated under the initial increment, HUD will use the effective date of the PHA’s subsequent allocation to determine the PHA’s eligibility for the $500 or $250 placement fee. For example, if the PHA reported the voucher issuance within 14 days and leased the voucher within the four-month window, the PHA would receive $600 as the total placement and expedited issuance fee. If the PHA reported the voucher issuance within 14 days and leased the voucher within the six-month window, the PHA would receive $350. If the PHA reported the voucher issuance within 14 days but did not lease the voucher until after the six-month window had passed, the PHA would receive $100. The PHA does not receive the fee if the issued voucher is never leased. 8 The “voucher issuance date” is the actual date the voucher is issued to the family, line 2 on the Voucher (form HUD-52646). 9 For example, if the funding increment for the family’s EHV is June 1, 2021, the HAP contract must have an effective date of no later than October 1, 2021, for the PHA to earn the $500 placement fee, or no later than December 1, 2021, for the PHA to earn the $250 placement fee. 10 The placement/expedited issuance reporting fee is only applicable to the initial time the voucher is leased by the PHA. The placement/expedited issuance reporting fee is not paid for subsequent lease-ups (e.g., the family moves to another unit or the EHV participant leaves the program and the voucher is reissued to another family prior to the prohibition on reissuance of turnover vouchers after September 30, 2023). This placement fee may be used for any eligible administrative expenses related to the EHVs. This fee may also be used to pay for any of the eligible activities under the EHV services fee (see paragraph d below). c. On-going Administrative Fee. The on-going administrative fee for EHVs is calculated in the same manner as the on-going administrative fee that the PHA receives for its regular HCV program. PHAs will be allocated the full Column A administrative fee amount for each EHV that is under HAP contract as of the first day of each month. The Column A administrative fee rates for the HCV program are available on HUD’s website and may be accessed at the following: https://www.hud.gov/program_offices/public_indian_housing/programs/hcv As the ARP appropriations for the EHVs are obligated to PHAs and expended by PHAs on program purposes over time, HUD may be required to prorate the EHV ongoing administrative fee calculations in future years, based on available EHV funding. Similar to the regular HCV administrative fee process, HUD will make the EHV ongoing administrative fees available to PHAs each month based on actual leasing reported by the PHA for prior months. HUD will reconcile the PHA’s EHVs administrative fees on a periodic basis and at the end of each calendar year (commencing with CY 2022). HUD recognizes that prior month EHV leasing data will not be available during the early stages of the PHA’s EHV program. For each of the first three months following the ACC funding increment effective date, HUD will advance the PHA ongoing administrative fees equal to the amount of ongoing administrative fees the PHA would receive for that month if all EHVs allocated to the PHA were fully leased so that the PHA also has ongoing administrative fees available to meet the initial costs of EHV administration. The advanced ongoing administrative fees will be taken into account when HUD first reconciles the PHA’s EHV administrative fees. EHV ongoing administrative fees may be used for any eligible administrative expenses related to the EHVs. These fees may also be used to pay for any of the eligible activities under the EHV services fee (see paragraph d below). d. Services Fee. A PHA will be allocated a one-time services fee to support its efforts in implementing and operating an effective EHV services program that will best address the needs of EHV eligible individuals and families in its jurisdiction. This fee will be allocated to the PHA once the PHA’s CACC is amended to reflect the EHV funding obligation. The amount allocated to each PHA will be equal to $3,500 for each EHV allocated to the PHA. Note that the services fee amount is not tied to each voucher, but instead is the combined total of the services fees are available to the PHA to design a 11 menu of services that will best address the leasing challenges faced by the EHV eligible families in the PHA’s community. The PHA may use the services fee to provide any or all of the defined eligible uses to assist families to successfully lease units with the EHVs. The PHA is strongly encouraged to consult with its CoC and its other homeless services/victim services referral partners in establishing which activities it will undertake in support of EHVs and any parameters or requirements regarding the application of those activities. For example, if the PHA is working with several direct referral partners and one partner is able to provide security deposit assistance and the other is not, the PHA may provide security deposit assistance for direct referral families from the latter agency but not for families who are already eligible for and receiving security deposit assistance from the partnering agency. The PHA may limit the amount of assistance that it provides for any of the eligible uses and place other restrictions on those uses. However, the services fee funding must be initially used for these defined eligible uses and not for other administrative expenses of the EHV. Service fee funding may never be used for the HCV program. The eligible uses implemented by the PHA and the parameters/requirements established by the PHA must be described in the PHA’s administrative plan. Any services fee assistance that is returned to the PHA after its initial or subsequent use (such as security deposits/utility deposits/other assistance that may be wholly or partly returned to the PHA by the owner/utility supplier/family) may only be applied to the eligible services fee uses defined by this notice (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the PHA’s EHV program ends must be remitted to HUD. The eligible uses are designed to prevent and respond to coronavirus by facilitating the leasing of the EHVs, which will provide vulnerable individuals and families a much safer housing environment to minimize the risk of coronavirus exposure or spread. Individuals and families who are homeless or at-risk of homelessness are often living in conditions that significantly increase the risk of exposure to coronavirus in addition to other health risks. The services fees fall into four main components comprised of specific activities: i. Housing Search Assistance. As discussed in section 9.d below, the PHA is required to ensure housing search assistance is made available to EHV families during their initial housing search. The PHA may use the services fee funding to provide this required housing search assistance to EHV families during their initial housing search. Housing search assistance is a broad term which may include many activities such as but not limited to helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household’s disability-related needs, providing transportation and directions, assisting with the completion of rental applications and PHA forms, and helping to expedite the EHV leasing process for 12 the family. For specific information on the EHV housing search assistance requirement, please refer to section 9.d. ii. Security Deposit/Utility Deposit/Rental Application/Holding Fee Uses. A. Application fees/non-refundable administrative or processing fees10/refundable application deposit assistance. The PHA may choose to assist the family with some or all these expenses. B. Holding fees. In some markets, it is not uncommon for an owner to request a holding fee that is rolled into the security deposit after an application is accepted but before a lease is signed. The PHA may cover part or all of the holding fee for units where the fee is required by the owner after a tenant’s application has been accepted but before the lease signing. The PHA and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. C. Security deposit assistance. The PHA may provide security deposit assistance for the family. The amount of the security deposit assistance may not exceed the lesser of two months’ rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. The PHA may choose to pay the security deposit assistance directly to the owner or may pay the assistance to the family, provided the PHA verifies the family paid the security deposit. The PHA may place conditions on the security deposit assistance, such as requiring the owner or family to return the security deposit assistance to the PHA at the end of the family’s tenancy (less any amounts retained by the owner in accordance with the lease). Security deposit assistance returned to the PHA must be used for either services fee eligible uses or other EHV administrative costs. D. Utility deposit assistance/utility arrears. The PHA may provide utility deposit assistance for some or all of the family’s utility deposit expenses. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. The PHA may choose to pay the utility deposit assistance directly to the utility company or may pay the assistance to the family, provided the PHA verifies the family paid the utility deposit. The PHA may place conditions on the utility deposit assistance, such as requiring the utility supplier or family to return the utility 10 In some markets, non-refundable administrative fees are becoming more common as states pass laws limiting application fees, or as an alternative to refundable deposits. 13 deposit assistance to the PHA at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant-supplied utilities. The PHA may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance that is returned to the PHA must be used for either services fee eligible uses or other EHV administrative costs. iii. Owner-related uses. A. Owner recruitment and outreach. The PHA may use the service fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting pre-inspections (see section 9.l below) or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments (see paragraph B that follows below). B. Owner incentive and/or retention payments. The PHA may make incentive or retention payments to owners that agree to initially lease their unit to an EHV family and/or renew the lease of an EHV family. The PHA may design the owner incentive payment to meet its specific needs (such as, for example, limiting the incentive payments to new owners or owners in high opportunity neighborhoods, or structuring all or part of the payment as a damages or unpaid rent mitigation fund, where the owner receives the mitigation payment only if the security deposit is insufficient to cover damages and other amounts owed under the lease). The PHA may condition the offer of the owner incentive payment on the owner’s agreement to abide by certain terms and conditions. For example, the PHA could require the owner to agree to contact and work with the family’s CoC case manager or other intervention services (assuming such services are available) should lease violations or other tenant- related issues arise during the assisted tenancy before taking action to evict the tenant. HUD anticipates that owner incentive/retention payments would typically be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). However, regardless of the frequency that the PHA chooses to make such payments, owner incentive/retentions payments are not housing assistance payments and are not part of the rent to owner. Owner incentive/retention payments are not taken into consideration when determining whether the rent for the unit is reasonable. iv. Other eligible uses. A. Moving expenses (including move-in fees and deposits). The PHA may provide assistance for some or all of the family’s reasonable moving expenses 14 when they initially lease a unit with the EHV. The PHA may not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., the PHA is terminating the HAP contract because the owner did not fulfill the owner responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or stalking, for example. B. Tenant-readiness services. The PHA may use the services fee funding to help create customized plans to address or mitigate barriers that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources (including COVID-related resources) that can assist with rental arrears. C. Essential household items. The PHA may use the services fee funding to assist the family with some or all of the costs of acquiring essential household items as defined by the PHA (e.g., tableware, bedding, etc.). D. Renter’s insurance if required by the lease. The PHA may use the services fee funding to assist the family with some or all of the cost of renter’s insurance, but only in cases where the purchase of renter’s insurance is a condition of the lease. 7. Housing Assistance Payments (HAP) Funding ARP funding obligated to the PHA as HAP funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee. EHV HAP funding amounts will be calculated as follows: a. Initial funding allocation Upon the PHA’s acceptance of the EHV allocation in accordance with section 5 above and the requirements of the allocation notification, HUD will amend the PHA’s CACC to reflect the obligation of the EHV funding and the associated units for the initial funding term of those vouchers. The initial funding term will expire on December 31, 2022. The initial funding increment for the EHV allocation will be based on the PHA’s per unit cost (PUC) for the PHA’s HCV program, adjusted for inflation and taking into consideration that the initial term is longer than 12 months. However, if during the initial term a PHA can demonstrate based on actual leasing and costs that the HAP funding will 15 be insufficient to cover its actual HAP costs for the EHVs for the initial term, the PHA may request that HUD adjust the initial funding increment amount for the EHVs during the initial funding term. If the PHA has demonstrated the need to do so, HUD will adjust the initial funding amount based on the actual costs incurred upon request by the PHA to ensure the PHA has sufficient funding during the initial funding term to lease all of its EHVs and pay its EHV HAP costs through December 31, 2022. If the PHA believes that it needs an adjustment, it should contact its financial analyst in HUD’s Office of Housing Voucher Programs Financial Management Center (FMC). b. Renewal funding process HUD will provide renewal funding to the PHA for the EHVs on a calendar year basis commencing with CY 2023. The renewal funding allocation will be based on the PHA’s actual EHV HAP costs and leasing, similar in many respects to the renewal process for the regular HCV program. However, renewal funding for the EHVs is not part of the annual HCV renewal funding formula nor are the funds for EHV renewals appropriated in HUD’s annual appropriations Acts. EHVs are renewed separately from the regular HCV program (similar to Mainstream vouchers). All renewal funding for the duration of the EHV program has already been appropriated as part of the $5 billion provided by the ARP. No additional EHV HAP renewal appropriations are anticipated at this time. The process for determining the PHA’s EHV renewal funding for CY 2023 and subsequent calendar years is described below. Note that PHAs may receive an estimated renewal amount for the first few months of the calendar year until their final renewal eligibility is determined for the calendar year. (1) The HAP funding baseline is established based on the PHA’s actual EHV leasing and cost data for the previous calendar year. (2) The Renewal Funding Inflation Factor (RFIF) used in the HCV program, adjusted for localities, will be applied to the PHA’s EHV HAP funding baseline described above. The RFIFs are published by HUD’s Office of Policy, Development and Research (PD&R) and can be found at https://www.huduser.gov/portal/datasets/rfif/rfif.html. (3) HUD will review the PHA’s EHV Restricted Net Position (RNP), including amounts held by HUD, for the PHA’s EHVs. HUD may adjust the CY renewal allocation based on the calculated year end EHV RNP and HUD Held Reserves. Starting with the CY 2024 renewal allocations, HUD will also take into consideration the number of EHVs that have turned over and cannot be reissued because of the statutory prohibition on reissuance of turnover vouchers after September 30, 2023. HUD will further adjust the renewal allocation based on the number of vouchers that are being reallocated to other PHAs due to the PHA’s failure to lease its authorized vouchers as described in section 14 below. HUD will consider the number of vouchers that have not yet been leased and if the number of EHVs leased increased throughout the baseline CY. If the renewal 16 allocation and the PHA’s EHV RNP and HUD Held Reserves are insufficient to account for the increased leasing or expected increased leasing, HUD will adjust the renewal funding allocation accordingly. (4) Adjustments to the PHA’s EHV renewal allocation may also be made during the HCV renewal funding calendar year. Subject to availability of the remaining funds, HUD will adjust renewal allocations upon request by the PHA for (1) EHV per-unit cost increases for unforeseen circumstances that occurred within or after the benchmarking period which the PHA could not reasonably have anticipated and were out of the PHA’s control, and (2) a PHA that would otherwise be required to terminate participating EHV families from the program due to insufficient funds, despite taking reasonable cost savings measures as determined by HUD,. (5) When the remaining EHV HAP renewal funding is no longer sufficient to fully fund all PHAs’ EHV renewal funding eligibility, HUD will prorate EHV renewal funding allocations. To determine the proration factor for the EHV renewal allocation, HUD will calculate the total HAP renewal funding eligibility for all PHAs still administering EHVs and compare that amount to the remaining available EHV HAP renewal funds. This proration factor is then applied to each PHA’s EHV HAP renewal eligibility to determine the EHV renewal allocations. HUD will provide the PHA with detailed information on its EHV renewal calculations and the process by which PHAs may request renewal funding allocation adjustments during the covered renewal period. 8. Individual and Family Eligibility under the Qualifying Categories In order to be eligible for an EHV, an individual or family must meet one of four eligibility categories:  Homeless  At risk of homelessness  Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking  Recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability. In general, the verification that the individual or family meets one of these four eligibility categories is conducted by the CoC or another partnering agency that makes direct referrals to the PHA. The CoC or other direct referral partner must provide supporting documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for EHV assistance. The following definitions always apply with respect to EHV eligibility, regardless of whether the PHA may have established another definition for any of these terms in its PHA administrative plan. 17 a. Individuals and families who are homeless The meaning of “homeless” is as such term is defined in section 103(a) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11302(a)), which is codified in HUD’s Continuum of Care Program regulations at 24 CFR 578.3 and reads as follows: Homeless means: (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or (iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (2) An individual or family who will imminently lose their primary nighttime residence, provided that: (i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing. (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 18 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance; (iii) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment. b. Individuals or families who are at-risk of homelessness The meaning of “at-risk of homelessness” is as such term is defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)), which is codified in HUD’s Continuum of Care Program regulations at 24 CFR 578.3 and reads as follows: At risk of homelessness. (1) An individual or family who: (i) Has an annual income below 30 percent of median family income for the area, as determined by HUD; (ii) Does not have sufficient resources or support networks, e.g., family, friends, faith-based or other social networks, immediately available to prevent them from moving to an emergency shelter or another place described in paragraph (1) of the “Homeless” definition above; and (iii) Meets one of the following conditions: (A) Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance; (B) Is living in the home of another because of economic hardship; (C) Has been notified in writing that their right to occupy their 19 current housing or living situation will be terminated within 21 days of the date of application for assistance; (D) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals; (E) Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau; (F) Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or (G) Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient's approved consolidated plan. (2) A child or youth who does not qualify as “homeless” under this section, but qualifies as “homeless” under section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), section 637(11) of the Head Start Act (42 U.S.C. 9832(11)), section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), section 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)), or section 17(b)(15) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(15)); or (3) A child or youth who does not qualify as “homeless” under this section, but qualifies as “homeless” under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her or him. c. Individuals or families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking This category is composed of any individual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking. This includes cases where a HUD-assisted tenant reasonably believes that there is a threat of imminent harm from further violence if they remain within the same dwelling unit, or in the case of sexual assault, the HUD-assisted tenant reasonably believes there is a threat of imminent harm from further violence if they remain within the same dwelling unit that they are currently occupying, or the sexual assault occurred on the premise during the 90- day period preceding the date of the request for transfer. 20 Domestic violence includes felony or misdemeanor crimes of violence committed by: a. a current or former spouse or intimate partner of the victim (the term “spouse or intimate partner of the victim” includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship), b. a person with whom the victim shares a child in common, c. a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, d. a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or e. any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. Dating violence means violence committed by a person: a. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and b. Where the existence of such a relationship shall be determined based on a consideration of the following factors: 1. The length of the relationship; 2. The type of relationship; and 3. The frequency of interaction between the persons involved in the relationship. Sexual assault means any nonconsensual sexual act proscribed by Federal, Tribal, or State law, including when the victim lacks capacity to consent. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for the person’s individual safety or the safety of others; or (2) Suffer substantial emotional distress. Human trafficking includes both sex and labor trafficking, as outlined in the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7102). These are defined as: Sex trafficking means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of 21 age; (and) Labor trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. d. Individuals or families who are recently homeless This category is composed of individuals and families determined by the CoC or its designee to meet the following definition. Recently homeless is defined as individuals and families who have previously been classified by a member agency of the CoC as homeless but are not currently homeless as a result of homeless assistance (financial assistance or services), temporary rental assistance or some type of other assistance, and where the CoC or its designee determines that the loss of such assistance would result in a return to homelessness or the family having a high risk of housing instability. Examples of households that may be defined as recently homeless by the CoC include, but are not limited to, participants in rapid rehousing, and permanent supportive housing. Individuals and families classified as recently homeless must be referred by the CoC or its designee. 9. Waivers and Alternative Requirements. The Secretary may waive or specify alternative requirements for any provision of the United States Housing Act of 1937 or regulation applicable to such statute other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is necessary to expedite or facilitate the use of EHV funding. EHVs are tenant-based vouchers under Section 8(o) of the United States Housing Act of 1937. Unless expressly waived below, all statutory and regulatory requirements and HUD directives regarding the HCV program are applicable to EHVs, including the use of all HUD- required contracts and other forms. The administrative policies adopted in the PHA’s written administrative plan apply to the EHVs vouchers unless such local policy conflicts with the requirements of the ARP, the requirements of this notice, or the waivers and alternative requirements outlined below. These waivers and alternative requirements have been determined by the Secretary to be necessary to expedite and facilitate the use of the EHV funding. These waivers or alternative requirements are exceptions to the normal HCV requirements, which otherwise apply to the administration of the EHVs. 22 HUD may waive and/or establish alternative requirements for additional statutory and regulatory provisions by subsequent notice. A PHA may request additional good cause regulatory waivers in connection with the use of the EHVs, which HUD will consider and assess upon the request of the PHA. a. COVID-19 waivers (waivers authorized for the regular HCV program under the CARES Act) The Coronavirus Aid, Relief and Economic Security (CARES) Act (Public Law 116-136) provides HUD with broad authority to waive or establish alternative requirements for numerous statutory and regulatory requirements for the HCV program. However, the CARES Act waiver authority does not cover EHV funding appropriated by the ARP. HUD recognizes that the challenges the COVID-19 pandemic has created for the regular HCV program will likewise apply to the administration of the EHVs. Consequently, HUD is exercising its waiver authority under the ARP to provide some of the same menu of HCV-applicable CARES Act waivers to PHAs for administration of the EHV assistance. The use of these COVID-19-related EHV waivers is at the discretion of the individual PHA. A PHA may choose to apply all, some, or none of the waivers to the EHV assistance. Unlike the other ARP waivers provided through this notice, these EHV COVID-19 waivers have limited periods of availability that currently match the same periods of availability for the CARES Act waivers. The period of availability for these EHV COVID-19 waivers/alternative requirements, collectively or individually, may be further extended by PIH notice should HUD determine that such similar extension is necessary for the CARES Act waivers, or if HUD otherwise determines it necessary to further extend these waivers for the EHVs. PHAs that implement these waivers are not required to keep the waiver/alternative requirement in-place for the full period of availability (including any extension) but may at any time choose to revert to regular program requirements and operations. Attachment 1 of this notice provides the list of COVID-19 related waivers that the PHA may apply to the EHV. PHAs should refer to Notice PIH 2021-14 or its successor notice(s) for detailed information on the individual waivers listed in Attachment 1. b. Required partnerships with the CoC and other organizations for direct referrals and services EHVs are one of several resources that communities can use to house individuals and families who are experiencing homelessness or have unstable housing. To ensure that the EHVs assist families who are most in need, PHAs are required to work with community partners to determine the best use and targeting for the vouchers along with other resources available in the community. 23 HUD’s CoC program is authorized by subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381-11389). The program is designed to promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, States, and local governments to quickly rehouse homeless individuals (including unaccompanied youth) and families, while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effective utilization of mainstream programs by homeless individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness. The CoC is organized to carry out the responsibilities required under the program and is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate. Provisions in the CoC Program Interim Rule at 24 CFR § 578.7(a)(8) require that CoCs establish a Coordinated Entry (CE) System. The CE System is a centralized or coordinated process designed to coordinate program participant intake assessment and provision of referrals. A centralized or coordinated assessment system covers the geographic area of the CoC, is easily accessed by individuals and families seeking housing or services, is well advertised, and includes a comprehensive and standardized assessment tool. HUD is establishing an alternative requirement under which the PHA must enter into a Memorandum of Understanding (MOU) with the CoC to establish a partnership for the administration of the EHVs. The primary responsibility of the CoC under the MOU is to make direct referrals of qualifying individuals and families to the PHA (see section 9.c below). Partner CoCs are responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs. Additionally, CoCs are encouraged to offer or make connections to supportive services for families that are referred to the PHA, including, but not limited to, short- or long-term case management, collecting necessary verifications to support referrals, housing counseling, housing search assistance and utility deposit assistance.11 HUD recommends CoCs and PHAs seek a diverse range of supportive services by partnering with organizations trusted by people experiencing homelessness. The specific services that the CoCs will provide to individuals or families referred for the EHV program must be outlined in the MOU with the CoC. 11PHAs may use services fee funding for housing search assistance and utility deposit services, but if such services are already available through the CoC, the services fee funding should be directed to other uses that are not available through the CoC. It is important that the PHA collaborate with the CoC and any other partnering agencies in designing its menu of uses for the services fee funding. 24 PHAs that agree to accept an allocation must enter into an MOU with a partnering CoC within 30 days of the effective date of the ACC funding increment for the EHVs. The MOU is a complete statement of the responsibilities of the parties and evidence of a commitment of resources to the EHV program. The MOU may be subsequently amended to add or change the services that the CoC may provide but must always retain the direct referral responsibility of the CoC. A sample MOU template is included in Attachment 2 of this notice. The MOU must include at a minimum: 1. The PHA’s and CoC’s commitment to administering the EHVs in partnership. 2. The goals and standards of success in administering the EHVs. 3. The staff position for each organization that will serve as the lead EHV liaison. 4. A statement that all parties agree to cooperate with any program evaluation efforts undertaken by HUD, or a HUD-approved contractor, including compliance with HUD evaluation protocols and data sharing requests. 5. The specific population eligible for the EHV assistance that will be referred to the PHA by the CoC or other partnering referral agency. 6. The services, including financial assistance, that will be provided to assist EHV applicants and participants and who will provide them. 7. The roles and responsibilities of the PHA and CoC, including but not limited to the CoC making direct referrals of families to the PHA through the CE system. A PHA that experiences difficulty in identifying a CoC partner, or where the CoC may be unwilling or reluctant to enter the MOU due to capacity issues or other concerns, or where the PHA is worried about its ability to fulfill this requirement within the required deadline despite a good-faith effort, is encouraged to contact HUD as promptly as possible for assistance. HUD or its Technical Assistance (TA) provider will work with the PHA to help facilitate a partnership, which may include using a partnering referral agency other than the CoC. In rare circumstances HUD may waive the partnership/direct referral requirement for the PHA for an interim period if such a step is necessary while building capacity at the CoC or other potential partnering referral agency. Information on EHV technical assistance and how to request it will be provided by HUD during the EHV webinar to be conducted after issuance of this notice. c. Admissions process - Direct referrals from the CoC and other partnering organizations PHAs must accept referrals for EHVs directly from the CE System. Accepting direct referrals from the CE System will help ensure families are able to get assistance quickly and eliminate the administrative burden on the PHA regarding the determination as to whether the family meets the definition of a qualifying individual or family for EHV assistance. CoC partners may also support applicants through the application process and attend meetings with applicants and PHAs to aid individuals and families through the admissions process. Direct referrals for EHVs are not added to the PHA’s regular HCV 25 waiting list. In general, EHV families are issued EHVs as the result of either: (1) the direct referral process from the CoC CE System and/or other partnering organizations, or (2) a situation where the PHA makes an EHV available in order to facilitate an emergency transfer in accordance with the Violence Against Women Act (VAWA) as outlined in the PHA’s Emergency Transfer Plan. (PHAs are strongly encouraged to utilize EHVs as a resource to effectuate emergency transfers for a victim of domestic violence, dating violence, sexual assault, or stalking, as part of their Violence Against Women Act (VAWA) Emergency Transfer Plan.) The PHA must also take direct referrals from outside the CoC CE system if: (1) the CE system does not have a sufficient number of eligible families to refer to the PHA, or (2) the CE system does not identify families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. In those instances the PHA must enter into a partnership to receive direct referrals from another entity (a Victim Services provider or anti-trafficking service provider, for example, if the CE system is not referring victims fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human tracking) or another homeless services provider (if there are not enough direct referrals coming through the CE system), assuming there are such additional organizations that can certify that an individual or family is homeless or at risk of homelessness, formerly homeless, is an individual or family is fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking. (Applicants under the “Recently homeless” category must by definition (see section 8.d above) always be referred by the CoC or its designee.) The PHA must enter an MOU with partnering referral agency as described above in section 9.b. Alternatively, the partnering referral agency may be added to the MOU between the PHA and CoC. The referring agency must provide documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for EHV assistance. The PHA must retain this documentation as part of the family’s file. HUD has attached to this notice two examples of certifications that could be used to document the referring agency’s verification. (See Attachments 3 and 4). Other than cases where a family is requesting an emergency transfer in accordance with VAWA as outlined in the PHA’s Emergency Transfer Plan, the PHA must refer a family 26 that is seeking EHV assistance directly from the PHA to the CoC or other referring agency partner for initial intake, assessment, and possible referral for EHV assistance. If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC CE system or other partner referral agencies (or the PHA and CoC cannot identify any such alternative referral partner agencies), the PHA should contact HUD for assistance. HUD may permit the PHA on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances. PHAs must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities. The PHA notice must describe the eligible populations to which the EHVs are limited and clearly state that the availability of these EHVs is managed through a direct referral process. The PHA notice must advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for EHV assistance. In providing this notice, PHAs must ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication-related disabilities. PHAs must also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). (See Section 11 – Nondiscrimination and Equal Opportunity Requirements - for more information.) If the PHA has a preference for victims of domestic violence, dating violence, sexual assault, stalking, or human trafficking for the regular HCV program, the PHA must refer any applicant on the waiting list that indicated they qualified for this preference to the CoC or the applicable partnering referral agency. The CoC or partnering referral agency will determine if the family is eligible (based on the qualifying definition for EHV assistance for those fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking or another eligible category as applicable) for an EHV. If the PHA has a homeless preference for the regular HCV program, the PHA must refer any applicant on the waiting list that indicated they qualified for the homeless preference to the CoC. The CoC will determine whether the family is eligible for an EHV (based on the qualifying definition for EHV assistance for homelessness or another eligible category as applicable). The CoC will also determine if the family is eligible for other homeless assistance through the CE system. With the exception of special admissions,12 the HCV regulations require that the PHA admit an applicant as a waiting list admission. In order to implement the above alternative requirements, HUD is waiving § 982.204(a), which requires that except for special admissions, participants must be selected from the PHA waiting list and that the PHA must select participants from the waiting list in accordance with admission policies 12 A special admission (24 CFR § 982.203) is a non-waiting list admission that is only applicable if HUD awards a PHA program funding that is targeted for families living in specified units. 27 in the PHA administrative plan. d. Required housing search assistance Housing search assistance can help EHV participants successfully move to areas of higher opportunity, as well as broaden the pool of landlords participating in the EHV program, including culturally or racially diverse landlords and landlords with smaller numbers of units. HUD has established as an alternative requirement that the PHA must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the PHA or through the CoC or another partnering agency or entity. Housing search assistance is a broad term which can include many activities, but with respect to this requirement it must at a minimum (1) help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low-poverty neighborhoods, (2) provide transportation assistance and directions to potential units, (3) conduct owner outreach, (4) assist with the completion of rental applications and PHA forms, and (5) help expedite the EHV leasing process for the family. Other recommended, but not required, housing search activities include helping individual families identify barriers to leasing (e.g., low credit score, evictions history) and strategies to address these barriers, workshops on how to conduct an effective housing search, enhanced support for portability processing, regular proactive check-ins for families searching with a voucher, regular reminders to the family of their voucher expiration date and extension policies, and a dedicated landlord liaison for EHV voucher families. The PHA may use any of the EHV administrative fees (including the services fees) described in section 6 for EHV housing search assistance. e. Separate waiting list for EHVs The HCV program regulations at § 982.204(f) provide that a PHA must use a single waiting list for admission to its HCV program. It is possible that the number of applicants referred by partnering agencies at a given time may exceed the EHVs available for the PHA to issue to families. HUD recognizes that requiring PHAs to utilize its existing HCV waiting list to manage EHV referrals will create unnecessary administrative burden, complications, and delays. HUD is therefore waiving § 982.204(f) to establish an alternative requirement under which the PHA shall maintain a separate waiting list for EHV referrals/applicants to help expedite the leasing process, both at initial leasing and for any turnover vouchers that may be issued prior to the September 30, 2023 turnover voucher cut-off date. Because the EHV waiting list is based on direct referrals or requests through the PHA’s VAWA emergency transfer plan and not applications from the general public, HUD is also waiving § 982.206, which requires the PHA to give public notice when opening and 28 closing the waiting list. Under this alternative requirement, the PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list. f. Local Preferences Under the HCV program, the PHA may establish a system of local preferences for the selection of families. The PHA may have an existing set of local preferences for its HCV program that understandably does not align with the specific targeted purpose of the EHVs. Furthermore, the PHA, in conjunction with the CoC and other referral partners, may wish to establish preferences specifically designed for EHV admissions that the PHA would not want to apply to its regular HCV waiting list. Excluding EHVs from the PHA’s normally applicable local preference system will simplify EHV administration and ensure that EHVs are not being prioritized based on preferences designed for the broad universe of HCV eligible applicants rather than the subset of EHV qualifying families. HUD is waiving § 982.207(a) and establishing an alternative requirement that the local preferences established by the PHA for HCV admissions do not apply to EHVs. The PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs, or may simply choose to not establish any local preferences for the EHV waiting list. In establishing any local preferences for the EHV waiting list, the preference may not prohibit EHV admissions from any of the four qualifying categories of eligibility. The preference system prioritizes the order in which families on the EHV waiting list are assisted but does not allow the PHA to refuse to accept a referred family that meets one of the four EHV eligibility categories, or otherwise delay issuance of an available voucher to that eligible family in order to “hold” the voucher for a future referral of a preference holder. In cases where the PHA and the referral agency partners are contemplating local preferences for the EHV waiting list, HUD strongly encourages PHAs and their partners to consider designing preferences that take into consideration the comparative health risks that COVID-19 poses to the subgroup of families eligible for EHVs (e.g., individuals or families living in environments where practicing social distancing or taking other preventive measures may be particularly challenging). The PHA must ensure any local preferences did not discriminate on the basis of any federally protected classes and cannot utilize criteria or methods of administration which would result in discrimination. See Section 11 – Nondiscrimination and Equal Opportunity Requirements for more information on applicable federal civil rights requirements. The HCV program regulations at § 982.207(b) allows a PHA to adopt and implement a residency preference in accordance with the non-discrimination and equal opportunity requirements listed at § 5.105(a). Given the emergency nature of these vouchers, the fact that many individuals and families in the targeted populations may not necessarily qualify as a “resident” due to their housing circumstances, and the direct referral /coordinated 29 entry aspect of EHV administration, it is not appropriate to apply residency preferences for EHV admission. Consequently, HUD is waiving § 982.207(b) and establishing an alternative requirement under which a PHA may not apply any residency preference to EHV applicants. g. Restrictions on PHA denial of assistance to an EHV applicant The HCV program regulations at § 982.552 and § 982.553 cover the grounds under which a PHA may deny an applicant admission to the program and in certain cases is required to do so. These grounds include the following:  If any member of the family has been evicted from federally assisted housing in the last five years.  If a PHA has ever terminated assistance under the program for any member of the family.  If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing program.  If the family currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.  If the family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease.  If the family breached an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA.  If the family engaged in or threatened abusive or violent behavior toward PHA personnel.  If the family has been engaged in criminal activity or alcohol abuse as described in § 982.553. HUD is waiving §982.552 and § 982.553 in part and establishing an alternative requirement with respect to mandatory and permissive prohibitions of admissions for EHV applicants. The EHV alternative requirement is as follows: Mandatory Prohibitions. (1) The PHA must apply the standards it established under § 982.553(a)(1)(ii)(C) that prohibit admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing to EHV applicants. (2) The PHA must apply the standards it established under § 982.553(a)(2)(i) that prohibit admission to the program if any member of the household is subject to a lifetime registration requirement under a State sex offender registration program to EHV applicants. Permissive Prohibitions. 30 The PHA may prohibit admission of a family for the grounds stated below. The PHA may choose not to prohibit admission for these grounds or may establish a more permissive policy than the PHA’s policy for admission to the regular HCV program. The PHA may not establish a permissive prohibition policy for EHV applicants that is more prohibitive than the policy established for admissions to the regular HCV program. The PHA policy on EHV permissive prohibitions must be described in the PHA’s administrative plan. If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC’s recommendations into consideration. The PHA policy on EHV permissive prohibitions must be described in the PHA’s administrative plan. Determinations must be made based on an individualized assessment of relevant mitigating information.13 The permissive prohibitions are: (1) If the PHA determines that any household member is currently engaged in, or has engaged in within the previous 12 months: a. Violent criminal activity. b. Other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity.14 (2) If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing program within the previous 12 months. (3) If the family engaged in or threatened abusive or violent behavior toward PHA personnel within the previous 12 months. Unlike regular HCV admissions, PHAs may not deny an EHV applicant admission regardless of whether: 13 See Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016), available at https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF at 7 (“individualized assessment of relevant mitigating information beyond that contained in an individual’s criminal record is likely to have a less discriminatory effect than categorical exclusions that do not take such additional information into account. Relevant individualized evidence might include: the facts or circumstances surrounding the criminal conduct . . . evidence that the individual has maintained a good tenant history before and/or after the . . . conduct; and evidence of rehabilitation efforts.”) 14 Please see PIH Notice 2015-19. The purpose of PIH 2015-19 is to inform PHAs and owners of other federally- assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting tenants, to remind PHAs and owners that HUD does not require their adoption of “One Strike” policies, and to remind them of their obligation to safeguard the due process rights of applicants and tenants. See also Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016), available at https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF (overviewing how applying criminal records screening too broadly may implicate fair housing liability for housing providers). 31  Any member of the family has been evicted from federally assisted housing in the §A PHA has ever terminated assistance under the program for any member of the family.  The family currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.  The family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease.  The family breached an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA.  The family would otherwise be prohibited admission under alcohol abuse standards established by the PHA in accordance with §982.553(a)(3).  The PHA determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug-related criminal activity. Similar to the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program, HUD is eliminating the PHA’s permissive prohibitions for EHV admissions for drug-related criminal activity. The eligible populations of homeless and at-risk of homelessness individuals and families may include individuals struggling with drug addiction, and that addiction may be one of the root causes of their homelessness. As demonstrated by the “Housing First’ model, providing the individual with safe housing may be a critical first step in helping the individual recover from addiction. Consequently, prohibitions based on criminal activity for the eligible EHV populations regarding drug possession should be considered apart from criminal activity against persons (i.e., violent criminal activity). Further, the Department remains concerned about the potential discriminatory effect that reliance on drug-related criminal activity history as grounds for denial of admission may pose for the EHV program. For further information on the use of criminal histories and the Fair Housing Act, please see HUD’s Office of General Counsel Guidance on the Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions, issued on April 4, 2016.15 The PHA must still deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information in accordance with 24 CFR part 5 as required by § 982.552(b)(3), but should notify the family of the limited EHV grounds for denial of admission first. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at § 982.551(h)(2) apply. Other than the birth, 15 Available at https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF. This Guidance cautions against the screening of applicants for tenancy using criminal records where such screening may disproportionately impact protected classes, and where the housing provider cannot prove such a policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest. 32 adoption or court-awarded custody of a child, the PHA must approve additional family members and may apply its regular screening criteria in doing so. h. Income Verification at Admissions Under the HCV program, PHAs must determine whether an applicant family’s income exceeds the applicable income limit as established by HUD in the jurisdiction where the family wishes to lease a unit. While the verification hierarchy described in Notice PIH 2018-18 applies to income determinations for applicants, the Enterprise Income Verification (EIV) system generally is not available for verifying income of applicants. The program regulations under § 982.201(e) requires that the PHA must receive information verifying that an applicant is eligible within the 60-day period before the PHA issues a voucher to the applicant. For verification purposes, Notice PIH 2018-18 states that third-party generated documents be dated within 60 days of the PHA’s request. For homeless families and other EHV eligible families, documentation may not be readily on-hand and may be difficult to obtain quickly. Accepting self-certifications and allowing for the delay of receipt of documentation and/or third-party verification will allow the CoC/partnering agency to assist the family in obtaining the necessary documentation without unduly delaying the family’s housing assistance. HUD is waiving the third-party income verification requirements for EHV applicants and, alternatively, allowing PHAs to consider self-certification as the highest form of income verification at admission. Applicants must submit an affidavit attesting to reported income, assets, expenses and other factors which would affect an income eligibility determination. Additionally, applicants may provide third-party documentation which represents the applicant’s income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA’s request. For example, a Supplemental Security Income (SSI) benefit letter that was issued in November 2020 to represent the applicant’s benefit amount for 2021 and was provided to the PHA in September 2021 would be an acceptable form of income verification. As a reminder, the PHA may also use the SSI benefit letter as proof of disability. Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must: review the EIV Income and Income Validation Tool (IVT) Reports to confirm/validate family-reported income within 90 days of the PIC-NG (see Section 15 of this notice below) submission date; print and maintain copies of the EIV Income and IVT Reports in the tenant file; and resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. Prior to admission, PHAs must continue to use HUD’s EIV system to search for all household members using the Existing Tenant Search. The PHA may be required to deny assistance to household members already receiving assistance from another program. 33 PHAs are encouraged to incorporate additional procedures to remind families of the obligation to provide true and complete information. PHAs that conduct eligibility determinations under this waiver/alternative requirement will be responsible for addressing any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later and must take necessary enforcement actions if the tenant was never eligible due to their income, as well as initiate HUD-compliant payment plans for those whose unreported income was unintentional and do not make the tenant ineligible for the program accordingly. The adoption of this waiver does not authorize any ineligible family to receive assistance under these programs. If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. i. Eligibility Determination: Social Security Number and Citizenship Verification HCV applicants must disclose and document and PHAs must verify the social security numbers (SSN) of each applicant. Applicant documentation may include a valid SSN card issued by the Social Security Administration; an original document issued by a federal or state government agency which contains the individual’s name, SSN and other identifying information; or other evidence of the SSN as prescribed by HUD. Generally, a PHA may not admit an applicant until the required documentation is provided to verify the SSN of each household member. PHAs also must verify evidence of U.S. citizenship or eligible immigration status for noncitizens claiming eligibility for assistance. Each eligible household member must sign a declaration of their status and eligible noncitizens must also provide supporting documentation, which must be submitted by the time of the eligibility determination. Documentation verifying U.S. citizenship may also be requested. Since eligibility for assistance is limited to U.S. citizens and noncitizens who have eligible immigration status, families in which not all members are U.S. citizens or have eligible immigration status are only eligible to receive pro-rated housing assistance based on the percentage of family members who qualify for assistance. Additionally, PHAs must verify each family member’s date of birth to verify identity and determine age and disability status per 24 CFR § 5.403, if claimed. These family characteristics impact the income and tenant rent calculations. This documentation may not be readily on hand and may be difficult to obtain for individuals and families experiencing homelessness. Accepting self-certifications and delaying the receipt of documentation and/or third-party verification will allow PHAs to assist EHV families more quickly and provide time for the family (with assistance from the CoC or other partnering agencies) to obtain the necessary documentation. HUD is consequently waiving the requirement to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the EHV program. PHAs may adopt policies to admit EHV applicants who are unable to 34 provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation. If a family member appeals secondary verification of immigration documents, PHAs are reminded that assistance may not be delayed, denied, reduced or terminated on the basis of immigration status pending the completion of the appeal as described in § 5.514(e). Additionally, PHAs may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. If self-certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV. PHAs are encouraged to incorporate additional procedures to remind families of the obligation to provide true and complete information. PHAs that conduct eligibility determinations under this waiver/alternative requirement will be responsible for addressing any material discrepancies (i.e., erroneous SSNs) that may arise later and must take necessary enforcement actions accordingly. The adoption of this waiver does not authorize any ineligible family to receive assistance under these programs. If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. j. Inapplicability of Income Targeting Requirements The PHA must determine income eligibility for EHV families in accordance with § 982.201. However, the income targeting requirements of section 16(b) of the United States Housing Act of 1937 and § 982.201(b)(2) are waived and do not apply for EHV families so that participating PHAs can effectively serve individuals and families in all the eligibility categories under the ARP who may be at a variety of income levels, including low-income families. The PHA may still choose to include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. In conformance with normal program rules, PHAs may not deny admission to a family with zero income and must consider hardship circumstances before charging a minimum rent in accordance with § 5.630(b). k. Use of recently conducted initial income determinations and verifications at admission Some families who were recently homeless but are now currently residing in rapid rehousing or are receiving other time-limited housing assistance may have had their income recently verified under that housing assistance program. Furthermore, families who are eligible for EHV assistance as victims of domestic violence, dating violence, sexual assault, stalking, or human trafficking may be currently assisted through other subsidized housing programs such as public housing. PHAs may accept income 35 calculations and verifications from third-party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as the income was (1) calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months and (2) the family certifies there has been no change in income or family composition in the interim. At the time of the family’s annual reexamination the PHA must conduct the annual reexamination of income as outlined at 24 CFR § 982.516. For each new admission under this waiver and alternative requirement, the PHA must: review the EIV Income and IVT Reports to confirm/validate family-reported income within 90 days of the PIC-NG (see Section 15 of this notice) submission date; print and maintain copies of the EIV Income and IVT Reports in the tenant file; and resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. l. Pre-inspection of HQS units To expedite the leasing process, PHAs may pre-inspect available units that EHV families may be interested in leasing in order to maintain a pool of eligible units. If an EHV family selects a unit that passed a HQS inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval (form HUD-52517), the unit may be approved as long as it meets all other conditions under § 982.305. However, the family must be free to select their unit and cannot be required to accept a pre-screened unit. m. Initial Search Term While the EHV program provides the PHA with funding designed to help increase the success rate of EHV families in obtaining housing (such as security deposit assistance, landlord incentives, and housing search assistance), these families may still face significant challenges with their housing search. An initial search term of 60 days may be inadequate for EHV families. Consequently, HUD is waiving § 982.303(a), which provides that the initial search term must be at least 60 days and is establishing an alternative requirement that the initial term for an EHV must be at least 120 days. Any extensions, suspensions, and progress reports will remain under the policies in the PHA’s administrative plan but will apply after the minimum 120-day initial search term. As a reminder, a PHA must grant reasonable accommodation requests to extend the housing search term that may be necessary for individuals with disabilities to find a unit that meets their disability-related needs. For example, it may be challenging to find a unit that includes specific accessibility features, is close to accessible transportation, or close to supportive services or medical facilities. n. Initial lease term 36 Under the HCV program, the family must enter into an initial lease with the owner for at least one year, unless a shorter term would improve housing opportunities for the tenant and the shorter term is a prevailing market practice. To provide a greater range of housing opportunities for EHV families, HUD is waiving Section 8(o)(7)(A) of the United States Housing Act of 1937 and § 982.309(a)(2)(ii). The initial lease term for an EHV family may be less than 12 months regardless of whether the shorter term is a prevailing market practice. o. Portability The normal HCV portability procedures and requirements generally apply to EHVs with the following exceptions. i. No prohibition on portability for non-resident applicants Under the HCV program, if neither the household head nor spouse of an assisted family already had a “domicile’ (legal residence) in the jurisdiction of the PHA at the time the family first submitted an application for participation in the program, the family does not have any right to portability during the 12-month period from when the family is admitted to the program. Such a family is a “non-resident applicant.” The initial PHA may choose to allow portability during this period but is not required to do so. In order to provide maximum housing choice for the targeted populations, HUD is removing this restriction for EHV nonresident applicants to allow all EHV families to immediately move under portability. Accordingly, HUD is waiving section 8(r)(1)(B)(i) of the United States Housing Act of 1937 and § 982.353(c). The PHA may not restrict an EHV family from exercising portability because they are a non- resident applicant. ii. Portability billing and absorption A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA does or does not currently administer EHVs under its own ACC. If the EHV family moves under portability to another PHA that administers EHVs under its own ACC:  The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has an EHV voucher available to do). If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with EHV assistance and may not absorb the family with a regular HCV when the family leases the unit.  Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family’s EHV assistance, the EHV administration of the voucher is in accordance with the receiving PHA’s EHV policies, although neighboring 37 PHAs and PHAs in the same metro area or region are strongly encouraged to work collaboratively with one another to align EHV policies and help facilitate EHV portability moves between their jurisdictions. If the EHV family moves under portability to another PHA that does not administer EHV under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA. iii. Family briefing/initial PHA and receiving PHA coordination on services In addition to the applicable family briefing requirements at § 982.301(a)(2) as to how portability works and how portability may affect the family’s assistance, the initial PHA must inform the family how portability may impact the special EHV services and assistance that may be available to the family. The initial PHA is required to help facilitate the family’s portability move to the receiving PHA and inform the family of this requirement in writing taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). If the portability move is in connection with the EHV family’s initial lease-up, the receiving PHA and the initial PHA must consult and coordinate on the EHV services and assistance that will be made available to the family. The primary purpose of this communication is to ensure there is no duplication of EHV services and assistance provided to the family and that the receiving PHA is aware of the maximum amount of services fee funding that the initial PHA may provide to the receiving PHA on behalf of the family. (Further information on this subject is provided in subsection iv below.) iv. EHV portability – HAP and EHV administrative fees A. HAP and ongoing fees The requirements at 982.355(e) apply to portability billing arrangements on behalf of an EHV family:  The initial PHA must promptly reimburse the receiving PHA for the full amount of the housing assistance payments made by the receiving PHA for the family.  The initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA’s EHV ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee (or the receiving PHA’s EHV ongoing administrative fee if the receiving PHA administers the EHV program). If both PHAs agree, the PHAs may negotiate a different amount of reimbursement. B. Services Fee Funding: If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible services or assistance to the incoming EHV family, the receiving 38 PHA may be compensated for those costs by the initial PHA. This is the case regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease-up. If the receiving PHA administers EHVs under its CACC, the receiving PHA may use its own services fee and may be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the receiving PHA for those fees and assistance. If the receiving PHA does not administer EHVs under its CACC, the initial PHA must provide the services funding upfront to the receiving PHA. Any amounts provided to the receiving the PHA that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA to the initial PHA. The amount of the service fee provided by the initial PHA may not exceed the lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or $1750, unless the initial PHA and receiving PHA mutually agree to change the $1750 cap. C. Placement fee/issuance reporting fee: If the portability lease-up qualifies for the placement fee/issuance reporting fee, the receiving PHA receives the full amount of the placement component of the placement/issuing reporting fee. The receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease-up. The initial PHA qualifies for the issuance reporting component of the placement fee, as applicable. Note that the entire preliminary fee is always paid to and retained by the initial PHA and is not impacted by an EHV portability move. p. Payment standard amounts The HCV regulations at 24 CFR § 982.503(a)(3) provide that the PHA voucher payment standard schedule shall establish a single payment standard amount for each unit size, and that for each unit size, the PHA may establish a single payment standard amount for the whole Fair Market Rent (FMR) area, or may establish a separate payment standard amount for each designated part of the FMR area. Many rental markets with a high need for the EHVs are very competitive with a shortage of affordable rental units. EHV recipients who are homeless or at risk of homelessness may have relatively lower incomes than regular HCV recipients, limiting their ability to rent units with rents above the payment standard. In addition, landlords may be more reluctant to rent to homeless individuals who may have limited or poor credit history, a limited established rental history, or other issues. 39 Due to those factors and the emergency nature of these vouchers, HUD is waiving § 982.503(a)(3) and establishing an alternative requirement permitting PHAs to establish separate higher payment standards for the EHVs in order to increase the potential pool of available units for EHV families. The separate EHV payment standard must comply with all other HCV requirements under § 983.503 with the exception of the waivers of § 982.503(b)(i) and § 982.503(b)(iii) discussed below. Establishing a separate EHV payment standard is at the discretion of the PHA and the PHA is not required to do so. PHAs are not permitted to establish a separate payment standard for the EHVs that is lower than the regular HCV payment standard. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. In addition, HUD is waiving § 982.503(b)(1)(i) and establishing an alternative requirement to allow the PHA to establish a payment standard amount for a unit size at any level between 90 percent and 120 percent (as opposed to 110 percent) of the published FMR for that unit size. HUD approval is not required to establish an EHV payment standard within that range. Furthermore, HUD is waiving § 982.503(b)(1)(iii) and establishing an alternative requirement to provide that a PHA that is not in a designated Small Area FMR area or has not opted to voluntarily implement Small Area FMRs under 24 CFR 888.113(c)(3) may establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD published Small Area FMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. As is the case for the regular HCV program, the PHA must notify HUD if it establishes an EHV exception payment standard based on the Small Area FMR. The exception payment standard must apply to the entire ZIP code area. PHAs may also still request approval for exception EHV payment standards above 120% of the applicable FMR/SAFMR from HUD in accordance with § 982.503(b)(1)(iv) or § 982.503(c) if needed. All rent reasonableness requirements at § 982.507 continue to apply to EHV units, regardless of whether the PHA has established an alternative or exception EHV payment standard. As discussed in section 6 above, PHAs may provide EHV owner incentive payments to recruit and retain owners, but the rent charged for the unit must be a reasonable rent in comparison to rent for other comparable units. q. Increase in Payment Standard During HAP Contract Term The HCV regulations at 24 CFR § 982.505(c)(4) require that if the payment standard amount is increased during the term of the HAP contract, the increased payment standard amount shall be used to calculate the monthly housing assistance payment for the family 40 beginning at the effective date of the family’s first regular reexamination on or after the effective date of the increase in the payment standard amount. HUD is waiving this requirement and as an alternative requirement providing a PHA with the discretion to establish a policy in the PHA administrative plan on when to apply the increased payment standard (e.g., interim reexamination, owner rent increase) after the effective date of the increase in the payment standard amount, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family’s first regular reexamination following the change. 10. Moving-to-Work (MTW) Agencies MTW agencies that administer EHVs are bound by the terms and conditions of this notice. As discussed above in section 9, all HCV statutory and regulatory requirements and HUD directives are applicable to EHVs unless waived by this notice. However, MTW agencies may request approval from HUD’s Office of Housing Voucher Programs to administer EHVs in accordance with the HCV programmatic flexibilities approved under PHA’s Annual MTW Plan or MTW Supplement to the PHA Plan, as permitted by its MTW Agreement or the MTW Operations Notice. The Office of Housing Voucher Programs may approve the MTW PHA’s request provided it determines the requested MTW flexibility is not in direct conflict with an EHV waiver or alternative requirement and its application would not have a detrimental impact on EHV families. MTW PHAs must submit such requests with supporting justification through their local Field Office. EHV funding is not eligible for MTW fungibility but must only be used for EHV eligibility activities and to assist EHV eligible families. This applies to EHV HAP funding and to all forms of EHV administrative fees. 11. Nondiscrimination and Equal Opportunity Requirements PHAs are reminded in administering the EHV program to follow all applicable nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a) and 24 CFR 982.53, including but not limited to the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act, HUD’s Equal Access Rule, and Title II of the Americans with Disabilities Act of 1990. These requirements prohibit discrimination on the basis of race, color, religion, sex, familial status, national origin, disability, age, sexual orientation, gender identity, and marital status. PHAs should also comply with Title III of the Americans with Disabilities Act of 1990 (see 28 CFR 35.160 and 28 CFR 36.303). When an EHV household is or includes a person with disabilities, reasonable accommodations may be necessary. A reasonable accommodation is a change, exception or adjustment to rules, policies, practices or services that may be necessary in order to enable an applicant or resident with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common areas, or to participate in or access programs and activities. This extends to various aspects of EHV program implementation including for 41 example, denial or termination of assistance, initial search term of the EHV, initial lease term, and informal reviews and hearings, as well as reasonable accommodations that may be necessary during one’s tenancy. Under Section 504, reasonable accommodations may also include a structural change to a unit. In addition, the PHA must also provide effective communication to persons with disabilities, including those with vision, hearing, and other communication related disabilities, which includes ensuring that information is provided in appropriate accessible formats as needed, e.g., Braille, audio, large type, assistive listening devices, and sign language interpreters, accessible website and other accessible electronic communications. See 24 CFR 8.6. The PHA must also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). LEP guidance and LEP information is available here: https://www.federalregister.gov/documents/2007/01/22/07-217/final-guidance-to- federalfinancial-assistance-recipients-regarding-title-vi-prohibition-against 12. Inapplicability of Project-based Voucher Assistance Section 3202(b)(1) of the ARP provides that the EHVs "shall be tenant-based assistance under section 8(o) of the United States Housing Act of 1937." In addition to the requirement that EHVs must be tenant-based voucher assistance, several provisions of section 3202 are not compatible with project-based voucher assistance. In particular, the requirement with respect to the termination of vouchers upon turnover discussed below in Section 13 is clearly compatible with tenant-based voucher assistance, but it is not compatible with multi-year PBV contracts where assistance is tied to the project. Furthermore, tenant-based assistance, when coupled with the funding for other eligible expenses designed to facilitate the leasing of the emergency vouchers (notably the security deposit assistance and other costs related to the retention and support of owners specifically included in the Act), offers the most expeditious approach to assisting families as quickly as possible with these emergency housing vouchers. Consequently, PHAs may not project-base EHVs but must administer these vouchers exclusively as tenant-based assistance. 13. Termination of Vouchers upon Turnover after September 30, 2023 The ARP provides that after September 30, 2023, a PHA may not reissue the EHV when assistance for an assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family unless it does so no later than September 30, 2023. For example, if an EHV participant leaves the program and their HAP contract terminates on August 31, 2023, that EHV must be reissued to another family no later than September 30, 2023. If the PHA does not reissue the EHV to another family by September 30, 2023, the EHV may not be reissued and effectively sunsets. Provided the EHV re-issuance date is no later than September 30, 2023, the term of the EHV may extend beyond September 30, 2023. 42 However, if the family that was issued the EHV is ultimately unsuccessful in finding a unit and that EHV expires after September 30, 2023, the EHV may not be reissued to another family. All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to another family when the participant leaves the program for any reason. An EHV that has never been issued to a family may be initially issued and leased after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to continue to cover the HAP needs of currently assisted EHV families. (While HUD anticipates most EHVs under the initial allocation would be leased by September 30, 2023, PHAs may have subsequently received a new allocation of EHVs as part of the recapture/reallocation process described in section 14 below.) HUD will remove any turnover EHV that cannot be reissued from the PHA’s CACC as part of the next funding renewal process. 14. HUD authority to revoke and reallocate vouchers for PHA failure to use vouchers promptly The ARP provides that if a PHA fails to lease its authorized EHVs within a reasonable period of time, HUD may revoke and redistribute any unleased vouchers and associated funds to other public housing agencies. This would include recapturing any funds previously obligated to the PHA that are associated with those revoked vouchers, as described further below. HUD will be closely monitoring EHV leasing and will evaluate the PHA’s leasing progress for purposes of EHV reallocation by assessing the PHA’s EHV performance. This evaluation will occur no sooner than the one-year anniversary of the effective date of the PHA’s EHV funding increment. A PHA that has a substandard EHV leasing performance may be subject to having some or all of its unissued vouchers revoked and reallocated. However, under no circumstances will PHAs that have leased at least 95 percent of their EHVs have any of their unissued vouchers recaptured and reallocated. HUD will refresh the formula allocation data when determining the number of vouchers for which a PHA qualifies under the reallocation. PHAs that have reduced their leasing potential by increasing voucher utilization during the intervening months, for example, may benefit from that improved performance when the allocation formula is run again to reallocate the recaptured vouchers. In a situation where EHVs are being revoked, the number of EHVs under that PHA’s CACC will be reduced to reflect that some or all of the PHA’s EHVs have been revoked. The “associated funds” subject to recapture along with the unleased vouchers are the following:  HAP funding HUD obligated to the PHA that is attributable to the unleased voucher in 43 the initial funding allocation (and/or subsequent renewal allocations if applicable), unless the excess HAP funding has already been accounted for through HUD’s renewal process.  Ongoing administrative fees that were advanced to the PHA unless the advanced ongoing administrative fees have already been accounted for through HUD’s reconciliation process.  An amount equivalent to 50 percent of the services fee for each EHV that is being revoked, not to exceed the total amount of unexpended services fees available to the PHA.  Preliminary fee. The preliminary fee is provided to the PHA for planning and other implementation efforts and it is not expected to be available for recapture and reallocation. However, any unused preliminary fee amounts remaining at the time of recapture and reallocation will be subject to recapture and reallocation.  Placement/issuance reporting fee. The placement/issuance reporting fee is provided to the PHA to enable the PHA to fulfill lease-up responsibilities. It is not expected that any amounts from this fee will remain at the time of recapture and reallocation. However, any unused placement fee amounts remaining at the time of recapture and reallocation will be subject to recapture and reallocation. HUD will issue a separate notice that details the process by which vouchers may be revoked and reallocated at least four months before the PHA’s leasing performance will be evaluated. PHAs that experience difficulties in leasing EHVs should contact HUD for technical assistance (see section 17 below). 15. Use of funds, reporting, and financial records EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must not be used for HAP. See section 7 above for instructions if the PHA needs an adjustment to its initial HAP funding allocation or its HAP renewal funding to fully lease its EHVs or meet its EHV HAP costs. The appropriated funds for EHVs are separate from the regular HCV program. Similar to the Mainstream program, these funds may not be used for the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by this notice may only be used in support of the EHVs and cannot be used for regular HCVs. EHV funding may not be used for the repayment of debts or any amounts owed to HUD by HUD program participants including, but not limited to, those resulting from Office of Inspector General (OIG), Quality Assurance Division (QAD) or other monitoring review findings. 44 HUD will update the Voucher Management System (VMS) to collect aggregate data from participating PHAs on a monthly basis consistent with other programs under Section 8(o) of the United States Housing Act of 1937. This data will initially be used to track leasing and cost data and to reconcile funds advanced to participating PHAs against actual expenditures reported. HUD plans to leverage PIC-NG, the new information technology platform developed for the MTW Demonstration program’s expansion, to collect EHV tenant information as opposed to using the existing legacy IMS/PIC system. HUD expects to issue a streamlined Form 50058 in the near future that will allow HUD to pay monthly HAP and administrative fee disbursements based on that information. Once the new application and processes are implemented, HUD plans to reduce or eliminate VMS reporting requirements for the program. Additional information will be forthcoming on PIC-NG rollout and implementation requirements including expedited timelines for tenant characteristics reporting. PHAs do not report into IMS/PIC for EHV families. In the meantime, in order to account for and track the use of the EHV funding, PHAs must comply with the following reporting and financing record requirements. a. Voucher Management System reporting: Because EHVs are funded from a separate appropriation than the regular HCVs, HUD will modify VMS to track the following data points for EHVs from participating PHAs:  Emergency Housing Vouchers– Leasing  Emergency Housing Vouchers - HAP Expenses  Emergency Housing Vouchers – Preliminary Fee Expenses  Emergency Housing Vouchers—Placement/Issuance Reporting Fee Expenses  Emergency Housing Vouchers—Ongoing Administrative Fee Expenses  Emergency Housing Vouchers – Services Fee – Housing Search Assistance Expenses  Emergency Housing Vouchers- Services Fee – Security/Utility Deposit/Rental Application/Holding Fee Expenses  Emergency Housing Vouchers -Services Fee -Owner Incentive Expenses  Emergency Housing Vouchers – Services Fee – Other Expenses  Emergency Housing Vouchers - Number of New Vouchers Issued but Not Under HAP Contract as of the Last Day of the Month  Emergency Housing Vouchers - HAP Expenses After the First of the Month  Emergency Housing - FSS Escrow Deposits  Emergency Housing Vouchers - FSS Escrow Forfeitures This Month  Emergency Housing Vouchers - Fraud Recovery Total Collected This Month  Emergency Housing Vouchers - Unrestricted Net Position Funds (UNP) as of the Last Day of the Month  Emergency Housing Vouchers - Restricted Net Position Funds (RNP) as of the Last Day of the Month  Emergency Housing Vouchers - Cash/Investment as of the Last Day of the Month 45 The PHA must enter the data on a monthly basis into VMS. These reporting requirements also apply to MTW agencies. b. Financial Data Schedule (FDS) Reporting for EHV Program: HUD’s Uniform Financial Reporting Standards (UFRS) Rule (24 CFR § 5.801) requires PHAs that administer the Section 8 programs to submit annual financial data to HUD. Specifically, UFRS requires that the financial data is: 1) prepared in accordance with Generally Accepted Accounting Principles (GAAP) as further defined by HUD in supplementary guidance; 2) submitted electronically to HUD through the internet; and 3) submitted in such form and substance as prescribed by HUD. To meet the goals of the UFRS rule, PHAs are required to submit their financial information to HUD’s Financial Assessment Sub-system for Public Housing (FASS-PH). PHAs are required to submit this financial information in a prescribed format, the Financial Data Schedule (FDS) (also referred to as Public Housing Financial Management template). Financial information collected in the FASS-PH system includes the reporting of the receipts, uses, and balances of all PHA funds regardless of the funding source (i.e., entity-wide reporting). This financial information is reported at the funding source level. As a separate funding source, the ARP supplemental funding for the EHVs must be reported separately on the FDS. The default reporting level is at the Catalog of Federal Domestic Assistance (CFDA) level. However, when a CFDA number does not exist or is not applicable, HUD will provide a program number under which the PHA should report its financial information. Due to the likely one-time appropriation of the supplemental funds provided under ARP, CFDA numbers for these EHV funds will not be issued. However, HUD must still meet its monitoring responsibilities and provide transparency in the PHAs’ receipts and uses of EHV supplemental funding. Thus, HUD recommends that PHAs establish a separate general ledger for the program or at the very least provide subsidiary details under the existing HCV program sufficient to provide the necessary information in the FDS. Rather than have PHAs report under the generic Federal Program columns that are already established in the FASS-PH system (e.g., Federal Program 1, Federal Program 2), the Real Estate Assessment Center (REAC) has established a new column on the FDS for reporting EHV supplemental funds. REAC will publish specific guidance on revenue recognition in a future notice. The PHA must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at § 982.158. 46 16. Reconciliation and recapture of unexpended EHV funds at program end As noted above, the appropriated funds for EHVs are separate from the regular HCV program and may only be used for EHV purposes. If any of these funds are not expended on eligible EHV expenses before the end of the EHV program, the remaining unexpended EHV funds must be recaptured by HUD. Currently, the EHV program end date for each individual PHA is unknown and additional guidance regarding program wrap-up and closeout will be issued in the future. However, outer boundaries are known. For example, when a PHA no longer has any EHV families under lease and is not permitted to reissue any of its remaining EHVs due to the statutory September 30, 2023 reissuance prohibition, the PHA’s program will have effectively ended and all associated unexpended funds must be remitted to HUD. Likewise, the funds appropriated for the EHV program are available for obligation by HUD only until September 30, 2030 and will be cancelled as a matter of law on September 30, 2035. HUD will conduct a final reconciliation of the PHA’s EHV funding and expenses when each PHA’s EHV program ends. Accounting and remittance guidance on HAP and administrative fee funding will be forthcoming under separate notice. 17. Technical Assistance The ARP makes resources available to HUD to provide technical assistance to the PHAs administering EHV assistance. Information regarding technical assistance for these EHVs will be made available to PHAs in the near future. 18. Further Information. Question concerning this notice should be submitted by email to the following HUD mailbox: ehv@hud.gov. 47 19. Paperwork Reduction Act. The information collection requirements contained in this notice have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C 35013520). In accordance with the PRA, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. The following active information collections contained in this notice have been approved under the PRA-OMB Control Numbers 2577-0169 and 2577- 0083. _______________/s/_____________________ Dominique Blom General Deputy Assistant Secretary for Public and Indian Housing Attachment 1 COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the individual waivers and alternative requirements are found in Notice PIH 2021-14. 1 This chart summarizes the COVID-19 waivers/alternative requirements the PHA may choose to apply to its EHVs and the periods of availability. PHAs must keep written documentation on the waivers applied by the PHA as well as the effective dates. Waiver Code in Notice PIH 2021-14 (see for details) Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends PH and HCV-4 Family Income and Composition: Interim Examinations Statutory Authority Section 3(a)(1) Regulatory Authority §§ 5.233(a)(2), 982.516(c)(2), 960.257(a), (b) and (d), 960.259(c) Sub-regulatory Guidance Notice PIH 2018-18  Waives the requirement to use the income verification requirements, including the use of EIV, for interim reexaminations 12/31/21 PH and HCV-5 Enterprise Income Verification (EIV) Monitoring Regulatory Authority § 5.233 Sub-regulatory Guidance Notice PIH 2018-18  Waives the mandatory EIV monitoring requirements 12/31/21 HQS-1 Initial Inspection Requirements Statutory Authority Section 8(o)(8)(A)(i), Section 8(o)(8)(C) Regulatory Authority §§ 982.305(a), 982.305(b), 982.405  Changes initial inspection requirements, allowing for owner certification that there are no life- threatening deficiencies  Where self-certification was used, PHA must inspect as soon as reasonably possible but no later than 6/30/22.  12/31/21  6/30/22 Attachment 1 COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the individual waivers and alternative requirements are found in Notice PIH 2021-14. 2 Waiver Code in Notice PIH 2021-14 (see for details) Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends  HQS waiver does not include a waiver of 24 CFR 35.15, visual assessment for deteriorated paint HQS-3 Initial Inspection: Non-Life- Threatening Deficiencies (NLT) Option Statutory Authority Section 8(o)(8)(A)(ii) Sub-regulatory Guidance HOTMA HCV Federal Register Notice January 18, 2017  Allows for extension of up to 30 days for owner repairs of non-life threatening conditions  12/31/21 HQS-4 HQS Initial Inspection Requirement: Alternative Inspection Option Statutory Authority Section 8(o)(8)(A)(iii) Sub-regulatory Guidance HOTMA HCV Federal Register Notice January 18, 2017  Under Initial HQS Alternative Inspection Option - allows for commencement of assistance payments based on owner certification there are no life- threatening deficiencies  Where self-certification was used, PHA must inspect the unit as soon as reasonably possible but no later than 6/30/22.  12/31/21  6/30/22 HQS-6 HQS Interim Inspections Statutory Authority Section 8(o)(8)(F) Regulatory Authority §§ 982.405(g), 983.103(e)  Waives the requirement for the PHA to conduct interim inspection and requires alternative method  Allows for repairs to be verified by alternative methods  12/31/21 HQS-9 HQS Quality Control Inspections Regulatory Authority §§ 982.405(b), 983.103(e)(3)  Provides for a suspension of the requirement for QC sampling inspections  12/31/21 Attachment 1 COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the individual waivers and alternative requirements are found in Notice PIH 2021-14. 3 Waiver Code in Notice PIH 2021-14 (see for details) Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends HQS-10 Housing Quality Standards: Space and Security Regulatory Authority § 982.401(d)  Waives the requirement that each dwelling unit have at least 1 bedroom or living/sleeping room for each 2 persons. Remains in effect one year from beginning of lease term HCV-1 Administrative Plan Regulatory Authority § 982.54(a)  Establishes an alternative requirement that policies may be adopted without board approval until 9/30/21  Any provisions adopted informally must be adopted formally by 12/31/21  9/30/21  12/31/21 HCV-2 Information When Family is Selected: PHA Oral Briefing Regulatory Authority §§ 982.301(a)(1), 983.252(a)  Waives the requirement for an oral briefing  Provides for alternative methods to conduct required voucher briefing  12/31/21 HCV-3 Term of Voucher: Extensions of Term Regulatory Authority § 982.303(b)(1)  Allows PHAs to provide voucher extensions regardless of current PHA policy  Note that the initial term of the EHV must be a minimum of 120 days (see section 9.m of this notice)  12/31/21 HCV-4 PHA Approval of Assisted Tenancy: When HAP Contract is Executed Regulatory Authority § 982.305(c)  Provides for HAP payments for contracts not executed within 60 days  PHA must not pay HAP to owner until HAP contract is executed 12/31/21 Attachment 1 COVID-19 waivers and alternative requirements the PHA may choose to apply to its EHVs for a limited period of availability. Details on the individual waivers and alternative requirements are found in Notice PIH 2021-14. 4 Waiver Code in Notice PIH 2021-14 (see for details) Statutory and regulatory waivers Summary of alternative requirements Availability Period Ends HCV-5 Absence from Unit Regulatory Authority § 982.312  Allows for PHA discretion on absences from units longer than 180 days  PHAs must not make HAP payments beyond 12/31/20 for units vacant more than 180 consecutive days 12/31/21 HCV-6 Automatic Termination of HAP Contract Regulatory Authority § 982.455  Allows PHA to extend the period of time after the last HAP payment is made before the HAP contract terminates automatically.  12/31/21 1 Attachment 2 Sample MOU Template Memorandum of Understanding [** This sample document demonstrates the Memorandum of Understanding requirements for the administration Emergency Housing Voucher. Unless otherwise noted, all elements are required. **] This Memorandum of Understanding (MOU) has been created and entered into on [** Insert execution date. **]. [PHA Name and Address] [CoC Name and Address] I. Introduction and Goals (the following elements, listed in a. – c., are required elements of the MOU): a. PHA and CoC’s commitment to administering the EHVs in accordance with all program requirements. b. PHA goals and standards of success in administering the program. c. Identification of staff position at the PHA and CoC who will serve as the lead EHV liaisons. Lead HCV Liaison: [Name and title of PHA staff position] Responsibilities of the PHA EHV liaison [**Optional**]. [Name and title of CoC staff position] Responsibilities of the CoC EHV liaison [**Optional**]. II. Define the populations eligible for EHV assistance to be referred by CoC. 2 III. Services to be provided to eligible EHV families 1. List the services to be provided to assist individuals and families have success in the program and who will provide them. [**The following services are listed for example purposes. **] 1. Partnering service providers will support individuals and families in completing applications and obtaining necessary supporting documentation to support referrals and applications for assistance; while aiding households in addressing barriers. 2. Partnering service providers will support PHAs in ensuring appointment notifications to eligible individuals and families and will assist eligible households in getting to meetings with the PHA. 3. PHAs will establish windows of time for EHV applicants to complete intake interviews for EHV. 4. Partnering service providers will provide housing search assistance for eligible individuals and families. 5. Partnering service providers will provide counseling on compliance with rental lease requirements. 6. Partnering service providers will assess individuals and families who may require referrals for assistance on security deposits, utility hook-up fees, and utility deposits. 7. Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable. IV. PHA Roles and Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Coordinate and consult with the CoC in developing the services and assistance to be offered under the EHV services fee. 2. Accept direct referrals for eligible individuals and families through the CoC Coordinated Entry System. 3. Commit a sufficient number of staff and necessary resources to ensure that the application, certification, and voucher issuance processes are completed in a timely manner. 4. Commit a sufficient number of staff and resources to ensure that inspections of units are completed in a timely manner. 5. Designate a staff to serve as the lead EHV liaison. 3 6. Comply with the provisions of this MOU. V. CoC Roles and Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Designate and maintain a lead EHV liaison to communicate with the PHA. 2. Refer eligible individuals and families to PHA using the community’s coordinated entry system. 3. Support eligible individuals and households in completing and applying for supportive documentation to accompany admissions application to the PHA (i.e. self-certifications, birth certificate, social security card, etc.). 4. Attend EHV participant briefings when needed. 5. Assess all households referred for EHV for mainstream benefits and supportive services available to support eligible individuals and families through their transition. 6. Identify and provide supportive services to EHV families. (While EHV participants are not required to participate in services, the CoC should assure that services are available and accessible.) 7. Comply with the provisions of this MOU. VI. Third Party Entity Roles Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Describe how the State, local, philanthropic, faith-based organizations, Victim Service Providers or CoC recipients it designates will fulfill each of the following responsibilities: a. Outline resource and/or service being provided in support of the community’s EHV Program. Commit a sufficient number of staff and necessary resources to ensure that the application, certification and voucher issuance processes are completed in a timely manner. b. Comply with the provisions of this MOU. VII. Program Evaluation The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested data to HUD or HUD-approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD-approved contractor, including possible random 4 assignment procedures. [Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization (if applicable), and third-party entities (if applicable.] Signed by ________________________________________ ___________________ Executive Director, PHA Date _______________________________________ ___________________ CoC Executive Director Date 5 Attachment 3 - Example of a Homeless Provider’s Certification Emergency Housing Voucher (EHV) HOMELESS CERTIFICATION EHV Applicant Name: ______________________________________________ Household without dependent children (complete one form for each adult in the household) Household with dependent children (complete one form for household) Number of persons in the household: _________ This is to certify that the above named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situation- Check only one box and complete only that section Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks) The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground. Description of current living situation: _____________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________ Homeless Street Outreach Program Name:_________________________________________________________________________ This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc. Authorized Agency Representative Signature: _________________________________________ Date: ______________________ 6 Living Situation: Emergency Shelter The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows: Emergency Shelter Program Name: _____________________________________________________________ This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter). Authorized Agency Representative Signature: _________________________________________ Date: ______________________ Living Situation: Recently Homeless The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.) Authorized Agency Representative Signature: ____________________________________________________________ This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory. Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in: emergency shelter OR a place unfit for human habitation Authorized Agency Representative Signature: _________________________________________ Date: ______________________ 7 Attachment #4 Example of a Victim Services Provider’s Certification Emergency Housing Voucher (EHV) SAMPLE HUMAN TRAFFICKING CERTIFICATION Purpose of Form: The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other Federally-funded social service programs available to assist victims in rebuilding their lives. Use of This Optional Form: In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for EHV assistance. Confidentiality: All information provided to the service provider concerning the incident(s) of human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR EHV Applicant Name: ______________________________________________ This is to certify that the above named individual or household meets the definition for persons who are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000. Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in: _____________________________________________________________________________________ _______________________________________________________________________ 8 This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual(s) named above is/has been a victim of human trafficking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Authorized Agency Representative Signature: ___________________ Date: __________________ Commission Meeting Agenda 7/20/2021 2:00 PM HCD_ Laney Walker/ Bethlehem New Construction of one (1) single family unit Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Capitalrise, LLC to develop new construction of one (1) single family unit.(Approved by Administrative Services Committee July 14, 2021) 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 project involves the new construction of one (1) single family unit identified as 936 Boyd Lane, within Laney Walker/Bethlehem. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department receives a tranche allocation for the Laney Walker/Bethlehem Project which will fund this project. Contract Amount 936 Boyd Lane - $177,405.48 (100% returned at home closing.) Alternatives:Do not approve HCD's Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Capitalrise, to develop new construction of one (1) single family Cover Memo unit, identified as 936 Boyd Lane, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Bond funds 298-07- 7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE, LLC in the amount of $177,405.48 USD One Hundred and Seventy-Seven Thousand Four Hundred and Five Dollars and 48/100 for Fiscal Year 2021 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 936 Boyd Lane THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2021 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and CAPITALRISE, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE, LLC” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, CAPITALRISE, LLC, a procured developer and contractor with HCD wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE, LLC for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE, LLC has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 2 WHEREAS, CAPITALRISE, LLC has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, CAPITALRISE, LLC has requested and Augusta has approved a total of $177,405.48 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: CAPTITALRISE, LLC agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. WD COMMUNITIES agrees to match Laney Walker/Bethlehem Bond funds 50% of total construction cost in the form of reimbursement. Under this Agreement: WD COMMUNITIES, will perform as co-developer with CAPTITALRISE, LLC, a procured developer with Laney Walker/Bethlehem. CAPTITALRISE, LLC will perform new construction for one (1) single family detached home identified as property number 936 Boyd Lane. CAPTITALRISE, LLC will perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta. CAPTITALRISE, LLC will perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include:  Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPTITALRISE, LLC is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond funds shall be used by CAPITALRISE, LLC for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $177,405.48 Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 3 1. Profit An amount not to exceed percent (50%) of the construction cost as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to CAPITALRISE, LLC for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 936 Boyd Lane. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 936 Boyd Lane. 2. Developer’s Fee $4,000.00 3. Developer’s Fee Disbursements Developer’s Fee shall be dispensed when construction is 100% completed and certificate of occupancy is received. Co-Developer’s Fee is dispensed upon sale of the home and should not exceed sixteen percent (16%). C. Program Location and Specific Goals to be Achieved CAPITALRISE, LLC shall conduct project development activities and related services in its project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by CAPITALRISE, LLC will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE, LLC shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT CAPITALRISE, LLC will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of HCD. In addition, and upon approval by Augusta, CAPITALRISE, LLC may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make funds available in the following manner: 1. Augusta agrees to pay CAPITALRISE, LLC, a maximum of $177,405.48 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 4 subject to CAPITALRISE, LLC’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of $177,405.48 and shall be on a pay for performance basis provided CAPITALRISE, LLC and HCD determine the progress is satisfactory. CAPITALRISE, LLC shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, CAPITALRISE, LLC will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by HCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. When nearing 50%, the co-developer, WD COMMUNITIES, should be prepared to pay their 50%: $88,702.74 as agreed to HCD. 4. HCD will monitor the progress of the project and CAPITALRISE, LLC’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 5. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE, LLC and HCD shall share in the cost and proceeds of developing the residence at 936 Boyd Lane as follows: 6. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE, LLC deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (50%) shall be paid to CAPITALRISE, LLC. 7. HCD will retain ten percent (10%) of an amount within the one hundred percent (100%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE, LLC and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE, LLC for construction costs related to the development of one single family detached home identified as 936 Boyd Lane. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and CAPITALRISE, LLC in writing. All funding is being provided as payment for services rendered as per this Agreement. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 5 C. Timetable for Completion of Project Activities CAPITALRISE, LLC shall be permitted to commence with the expenditure of Laney Walker Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 120 days of said home identified as 936 Boyd Lane. Liquidated Damages CAPITALRISE, LLC agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE, LLC. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE, LLC. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses CAPITALRISE, LLC is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE, LLC under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 936 Boyd Lane as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE, LLC shall be paid a total consideration of no more than $177,405.48 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. 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 CAPITALRISE, LLC. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 6 Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE, LLC (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to CAPITALRISE, LLC, or any subcontractor hereunder. B. CAPITALRISE, LLC shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE, LLC’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by CAPITALRISE, LLC for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. CAPITALRISE, LLC shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE, LLC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 936 Boyd Lane, HCD is to provide CAPITALRISE, LLC with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE, LLC agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 7 This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE, LLC. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. CAPITALRISE, LLC in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by CAPITALRISE, LLC. In such instances, CAPITALRISE, LLC shall consult with HCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and CAPITALRISE, LLC. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. CAPITALRISE, LLC agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE, LLC publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE, LLC agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE, LLC agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 8 E. CAPITALRISE, LLC agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE, LLC agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. CAPITALRISE, LLC agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. CAPITALRISE, LLC agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. CAPITALRISE, LLC will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE, LLC will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE, LLC agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. CAPITALRISE, LLC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by HCD. L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE, LLC agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by CAPITALRISE, LLC for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of HCD in making the project possible. The words “Augusta, Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. CAPITALRISE, LLC shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. CAPITALRISE, LLC agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE, LLC shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE, LLC agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 10 further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to HCD at the time the subcontractors are retained to perform such physical services. Q. CAPITALRISE, LLC agrees that low and moderate income persons reside within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. R. CAPITALRISE, LLC agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE, LLC will not discriminate against any person applying for shelter on the basis of religion. CAPITALRISE, LLC will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if CAPITALRISE, LLC has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. U. HCD shall not approve any travel or travel related expenses to CAPITALRISE, LLC with funds provided under this. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta, Georgia, as applicable. CAPITALRISE, LLC is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CAPITALRISE, LLC or any subcontractor of CAPITALRISE, LLC or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 11 ARTICLE VII. SUSPENSION AND TERMINATION A. In the event CAPITALRISE, LLC materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until CAPITALRISE, LLC cures any breach of the Agreement. If CAPITALRISE, LLC fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE, LLC will not be eligible to receive any other funding. B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to CAPITALRISE, LLC for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE, LLC for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE, LLC shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE, LLC under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Odie Donald, II, Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 12 CAPITALRISE, LLC will receive all notices at the address indicated below: CAPITALRISE, LLC ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 With copies to: Warrick Dunn Communities ATTN: Warrick Dunn, 229 Peachtree Street, NE Suite 675 Atlanta, GA 30303 ARTICLE IX. INDEMNIFICATION CAPITALRISE, LLC will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE, LLC specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. HCD is not obligated to provide funding of any kind to CAPITALRISE, LLC beyond the term of this Agreement. CAPITALRISE, LLC warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CAPITALRISE, LLC for the purpose of securing business and that CAPITALRISE, LLC has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 13 ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form by (please initial here): Augusta, GA Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Odie Donald, II, as its Administrator Date:_____________________ By: _________________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: CAPITALRISE, LLC ATTEST: WD COMMUNITIES By: _________________________ Owner _________________________ Owner Date:_______________________ By: _________________________ Owner Date:_______________________ Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Antioch Ministries, Inc. -Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT CAPITALRISE, LLC/CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that CAPITALRISE, LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by CAPITALRISE, LLC. CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Name CAPITALRISE, LLC, Owner Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE, LLC MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to CAPITALRISE, LLC in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the project. 3. With HCD approval, CAPITALRISE, LLC may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD and CAPITALRISE, LLC in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department 936 Boyd Lane Contract Page 23 a. CAPITALRISE, LLC will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. CAPITALRISE, LLC must make sure contractors obtain and post all permits on job site. c. CAPITALRISE, LLC must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta, GA requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by HCD. Contractor Work Write-up (706) 821-1797b -Fax (706) 821-1784 www.augustaga.gov Hawthorne Welcher - Director Finish of house TOTAL WRITE-UP (INCLUDING CONTINGENCY) TOTAL WRITE-UP INCLUDING FENCE ,SIGN AND CONTINGENCY COLUMN A Enter Materials COLUM N B UNIT COLUMN C Quantity COLUMN D MATERIAL COST PER COLUMN E TOTAL MATERIAL COLUMN F LABOR COST PER UNIT COLUMN G TOTAL LABOR COLUMN H TOTAL COST MAT & LABOR COLUMN I PROFIT & OVER HEAD TOTAL COST PER SECTION Homeowners Name Laney Walker/Bethlehem Revitalization Project Contractor: Homeowners Address 936 Boyd Lane City, State, Zip Augusta, Georgia 30901 Phone 15% FOUNDATION / MASONRY 1,648 1988 Description of Material UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & LABOR PROFIT & OVERHEAD TOTAL COST PER SECTION construction entrance EA 1 - $ - $ 600.00 $ 600.00 $ 600.00 $ 90.00 $ 690.00 $ excavate LF 0 3.13 $ - $ 8.00 $ - $ - $ - $ - $ concrete ftg CY 0 135.00 $ - $ 35.00 $ - $ - $ - $ - $ SILT FENCE & CONSTRUCTION ENTRANCE ROLL 3 289.59 $ 100.00 $ - $ 289.59 $ 43.44 $ 333.03 $ 6 mil poly ROLL 1 96.53 $ 96.53 $ 80.00 $ 80.00 $ 176.53 $ 26.48 $ 203.01 $ fill and tamp CY 200.00 $ - $ 35.00 $ - $ - $ - $ - $ concrete pads for steps CY 1 124.20 $ 124.20 $ 35.00 $ 35.00 $ 159.20 $ 23.88 $ 183.08 $ grading drive and sidewalk LF 0 0.50 $ - $ - $ - $ - $ - $ - $ concrete drive and sidewalk LF 0 0.50 $ - $ - $ - $ - $ - $ - $ rebar EA 1 450.00 $ 450.00 $ 450.00 $ 450.00 $ 900.00 $ 135.00 $ 1,035.00 $ Adding dirt to raise house (development cost )EA 4 200.00 $ 800.00 $ - $ - $ 800.00 $ 120.00 $ 920.00 $ anchor bolts EA 100 1.94 $ 194.00 $ 1.60 $ 160.00 $ 354.00 $ 53.10 $ 407.10 $ block wall 8x8x156 EA 700 1.90 $ 1,330.00 $ 2.00 $ 1,400.00 $ 2,730.00 $ 409.50 $ 3,139.50 $ header blocks EA 163 2.00 $ 326.00 $ 2.00 $ 326.00 $ 652.00 $ 97.80 $ 749.80 $ mortar mix BAGS 35 0.25 $ 8.89 $ 0.36 $ 12.60 $ 21.49 $ 3.22 $ 24.71 $ mortar sand Load 1 250.00 $ 250.00 $ - $ - $ 250.00 $ 37.50 $ 287.50 $ brick veneer EA 4000 0.30 $ 1,200.00 $ 0.50 $ 2,000.00 $ 3,200.00 $ 480.00 $ 3,680.00 $ house and garage slab CY 25 135.00 $ 3,375.00 $ 35.00 $ 875.00 $ 4,250.00 $ 637.50 $ 4,887.50 $ porch slab EA 10 135.00 $ 1,350.00 $ 35.00 $ 350.00 $ 1,700.00 $ 255.00 $ 1,955.00 $ BRICK STEPS AS PER PLAN STEP 8 100.00 $ 375.00 $ 100.00 $ 800.00 $ 1,175.00 $ 176.25 $ 1,351.25 $ Rollobricks EA 700 0.30 $ 210.00 $ 1.50 $ 1,050.00 $ 1,260.00 $ 189.00 $ 1,449.00 $ water sewer tap LF 30 12.00 $ 360.00 $ 12.00 $ 360.00 $ 720.00 $ 144.00 $ 864.00 $ UTILITIES FEES ELECTRICAL LS 1 199.58 $ 199.58 $ - $ - $ 199.58 $ 29.94 $ 229.52 $ UTILITIES FEES WATER LS 1 350.00 $ 350.00 $ - $ - $ 350.00 $ 52.50 $ 402.50 $ 177,405.48 $ Profit & Overhead Percentage: - $ House Heated Sq. Ft. 177,405.48 $ GENERAL INFORMATION: UNIT = SF.(SQUARE FEET), SQ (SQUARE), LF (LINEAR FEET) , EA (EACH) , LS (LUMP SUM), YD(YARD) 925 Laney Walker Blvd., 3rd Floor- Augusta GA. 30901 Augusta Housing & Community Development Department AHCDD Total House Sq. Ft. 1 BUILDERS RISK LOT 1 700.00 $ 700.00 $ - $ - $ 700.00 $ 105.00 $ 805.00 $ LAYOUT AND BATTER BOARD LS 1 600.00 $ 600.00 $ - $ - $ 600.00 $ 90.00 $ 690.00 $ TERMITE TREATMENT LOT 1 200.00 $ 200.00 $ - $ - $ 200.00 $ 30.00 $ 230.00 $ PORT-O-LET LOT 1 285.00 $ 285.00 $ - $ - $ 285.00 $ 42.75 $ 327.75 $ Total 13,073.79 $ 8,498.60 $ 21,572.39 $ 3,235.86 $ 24,808.25 $ Description of work to be completed: work completed as per plans EXTERIOR Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION COLUMNS EA 2 235.00 $ 470.00 $ 100.00 $ 200.00 $ 670.00 $ 100.50 $ 770.50 $ GUTTERS & DOWNSPOUTS PKG 1 1,250.00 $ 1,250.00 $ - $ - $ 1,250.00 $ 187.50 $ 1,437.50 $ LANDSCAPING no irrigation PKG 1 2,200.00 $ 2,200.00 $ - $ - $ 2,200.00 $ 330.00 $ 2,530.00 $ Lot development to drain to front of property PKG 1 3,500.00 $ 3,500.00 $ 3,500.00 $ 525.00 $ 4,025.00 $ GRADING / SITE PREPARATION LS 1 500.00 $ 500.00 $ 600.00 $ 600.00 $ 1,100.00 $ 165.00 $ 1,265.00 $ Total 7,920.00 $ 800.00 $ 8,720.00 $ 1,308.00 $ 10,028.00 $ Description of work to be completed: SIDING AND PORCH Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION FASCIA AND SOFFIT AND SIDING PKG 1 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 1,500.00 $ 11,500.00 $ Total 5,000.00 $ 5,000.00 $ 10,000.00 $ 1,500.00 $ 11,500.00 $ Description of work to be completed: ROOFING Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION ROOFING PACKAGE (30 ARCHITECTURAL SHINGLES, ROOF VENT & INSTALLATION PKG 1 2,250.00 $ 2,250.00 $ 1,100.00 $ 1,100.00 $ 3,350.00 $ 502.50 $ 3,852.50 $ Continuous roof ridge vent with louvered side openings. Includes cutting of sheathing at roof and installation of shingle ridge cap. Total 2,250.00 $ 1,100.00 $ 3,350.00 $ 502.50 $ 3,852.50 $ FRAMING & FINISH CARPENTRY Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION WALL FRAMING AS NEEDED PKG 1 22,000.00 $ 22,000.00 $ 9,100.00 $ 9,100.00 $ 31,100.00 $ 4,665.00 $ 35,765.00 $ SUBFLOORING REPAIRS EA 1 - $ - $ - $ WINDOWS / BLINDS EA 1 360.00 $ 360.00 $ - $ - $ 360.00 $ 54.00 $ 414.00 $ WINDOW & EXTERIOR DOORS PKG PKG 1 3,400.00 $ 3,400.00 $ - $ 3,400.00 $ 510.00 $ 3,910.00 $ INTERIOR DOORS & TRIM PKG PKG 1 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 $ 3,500.00 $ 525.00 $ 4,025.00 $ LOCKSET PACKAGE EA 1 234.78 $ 234.78 $ - $ - $ 234.78 $ 35.22 $ 270.00 $ ATTIC STAIRWAY 10' ENG SAVER EA 1 275.00 $ 275.00 $ 60.00 $ 60.00 $ 335.00 $ 50.25 $ 660.25 $ MAIL BOX EA 1 100.00 $ 100.00 $ - $ - $ 100.00 $ 15.00 $ 115.00 $ HOUSE NUMBERS EA 1 60.00 $ 60.00 $ - $ - $ 60.00 $ 9.00 $ 69.00 $ CLOSET 12' SHELVES W/ RODS AND PANTRY/LINEN PKG 1 1,260.00 $ 1,260.00 $ - $ - $ 1,260.00 $ 189.00 $ 1,449.00 $ BLINDS PKG 1 200.00 $ 200.00 $ 250.00 $ 250.00 $ 450.00 $ 67.50 $ 517.50 $ Total 30,189.78 $ 10,160.00 $ 40,349.78 $ 6,052.47 $ 46,402.25 $ FLOORS CARPET /TILE Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION FLOORING CARPET PKG 1 1,400.00 $ 1,400.00 $ 800.00 $ 800.00 $ 2,200.00 $ 330.00 $ 2,530.00 $ LAMINATED WOOD (12mm Thickness)?PKG 1 1,400.00 $ 1,400.00 $ 1400 1,400.00 $ 2,800.00 $ 420.00 $ 3,220.00 $ CERAMIC TILE (BATH & KITCHEN)PKG 1 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 450.00 $ 3,450.00 $ Total 4,300.00 $ 3,700.00 $ 8,000.00 $ 1,200.00 $ 9,200.00 $ Description of work to be completed:2 DRYWALL/ PLASTER Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION 1/2 IN DRYWALL SF 8800 0.41 $ 3,608.00 $ 0.50 $ 4,400.00 $ 8,008.00 $ 1,201.20 $ 9,209.20 $ Total 3,608.00 $ 4,400.00 $ 1,201.20 $ 9,209.20 $ PLUMBING Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION PLUMBING PACKAGE W/STAINLESS STEEL FIXTURES PKG 1 9,000.00 $ 9,000.00 $ - $ - $ 9,000.00 $ 1,350.00 $ 10,350.00 $ Total 9,000.00 $ - $ 9,000.00 $ 1,350.00 $ 10,350.00 $ Includes all fittings, connections to fixtures, hangers, and removal of existing water lines. ELECTRICAL Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION ELECTRICAL PKG 1 $ 6,700.00 $ 6,700.00 $ - $ - $ 6,700.00 $ 1,005.00 $ 7,705.00 ALARM SYSTEM W/CELLULAR MONITORING EA 1 $ 600.00 $ 600.00 $ - $ - $ 600.00 $ 90.00 $ 690.00 LIGHT FIXTURES ALLOWANCE PKG 1 $ 2,000.00 $ 2,000.00 $ - $ - $ 2,000.00 $ 300.00 $ 2,300.00 Total 9,300.00 $ - $ 9,300.00 $ 1,395.00 $ 10,695.00 $ HEATING & AIR Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION HEATING & AIR 14 SEER PKG 1 8,500.00 $ 8,500.00 $ - $ - $ 8,500.00 $ 1,275.00 $ 9,775.00 $ RANGE HOOD PKG 1 250.00 $ 250.00 $ - $ 250.00 $ 37.50 $ 287.50 $ AC CAGES EA 0 450.00 $ - $ - $ - $ - $ - $ - $ Total 8,750.00 $ - $ 8,750.00 $ 1,312.50 $ 10,062.50 $ CABINETS & APPLIANCES Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION BASE & WALL CABINETS & GRANITE COUNTER TOPS PKG 1 8,500.00 $ 8,500.00 $ - $ - $ 8,500.00 $ 1,275.00 $ 9,775.00 $ APPLIANCE PKG. (RANGE, MICROWAVE, DISH WASHER & REFRIGERATOR W/ICE MAKER PKG 1 3,000.00 $ 3,000.00 $ - $ - $ 3,000.00 $ 450.00 $ 3,450.00 $ Total 11,500.00 $ - $ 11,500.00 $ 1,725.00 $ 13,225.00 $ PAINTING EXTERIOR/ INTERIOR Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION PAINT 2 COATS WALL/CEILING PAINTING SF 1648 1.75 $ 2,884.00 $ 3.4 5,603.20 $ 8,487.20 $ 1,273.08 $ 9,760.28 $ Total 2,884.00 $ 5,603.20 $ 8,487.20 $ 1,273.08 $ 9,760.28 $ BATHROOM ACCESSORIES Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION BATH ACCESSORIES SET & MIRRORS PKG 1 1,800.00 $ 1,800.00 $ - $ - $ 1,800.00 $ 270.00 $ 2,070.00 $ SHOWER DOOR PKG 1 850.00 $ 850.00 $ - $ - $ 850.00 $ 127.50 $ 977.50 $ Total 1,800.00 $ - $ 1,800.00 $ 270.00 $ 2,070.00 $ INSULATION Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION INSULATION ATTIC WALLS PKG 1 2,700.00 $ 2,700.00 $ - $ - $ 2,700.00 $ 405.00 $ 3,105.00 $ Total 2,700.00 $ - $ 2,700.00 $ 405.00 $ 3,105.00 $ DEMOLITION & CLEAN -UP Description UNIT Quantity Material Costs PER UNIT TOTAL MATERIAL LABOR COST PER UNIT TOTAL LABOR TOTAL COST MATERIAL & PROFIT & OVERHEAD TOTAL COST PER SECTION CLEAN HOUSE EA 1 - $ - $ 450.00 $ 450.00 $ 450.00 $ 67.50 $ 517.50 $ DUCT & BLOWER TEST EA 1 - $ - $ 400.00 $ 400.00 $ 400.00 $ 60.00 $ 460.00 $ 3 INTERIOR DEMOLITION EA 1 - $ EXTERIOR clean up EA 1 400.00 $ - $ 400.00 $ - $ 40.00 $ DUMPSTER EA 1 800.00 $ 800.00 $ - $ - $ 800.00 $ 120.00 $ 920.00 $ Total 800.00 $ 850.00 $ 2,050.00 $ 247.50 $ 2,297.50 $ SUM TOTAL WRITE-UP 176,565.48 $ Description TOTAL MATERIAL TOTAL LABOR TOTAL COST MATERIAL & LABOR PROFIT & OVERHEAD TOTAL COST PER SECTION FOUNDATION / MASONRY 13,073.79 $ 8,498.60 $ 21,572.39 $ 3,235.86 $ 24,808.25 $ EXTERIOR 7,920.00 $ 800.00 $ 8,720.00 $ 1,308.00 $ 10,028.00 $ SIDING 5,000.00 $ 5,000.00 $ 10,000.00 $ 1,500.00 $ 11,500.00 $ ROOFING 2,250.00 $ 1,100.00 $ 3,350.00 $ 502.50 $ 3,852.50 $ FRAMING & FINISH CARPENTRY 30,189.78 $ 10,160.00 $ 40,349.78 $ 6,052.47 $ 46,402.25 $ FLOORS CARPET /TILE 4,300.00 $ 3,700.00 $ 8,000.00 $ 1,200.00 $ 9,200.00 $ DRYWALL/ PLASTER 3,608.00 $ 4,400.00 $ - $ 1,201.20 $ 9,209.20 $ PLUMBING 9,000.00 $ - $ 9,000.00 $ 1,350.00 $ 10,350.00 $ ELECTRICAL 9,300.00 $ - $ 9,300.00 $ 1,395.00 $ 10,695.00 $ HEATING & AIR 8,750.00 $ - $ 8,750.00 $ 1,312.50 $ 10,062.50 $ CABINETS & APPLIANCES 11,500.00 $ - $ 11,500.00 $ 1,725.00 $ 13,225.00 $ PAINTING EXTERIOR/ INTERIOR 2,884.00 $ 5,603.20 $ 8,487.20 $ 1,273.08 $ 9,760.28 $ BATHROOM ACCESSORIES 1,800.00 $ - $ 1,800.00 $ 270.00 $ 2,070.00 $ INSULATION 2,700.00 $ - $ 2,700.00 $ 405.00 $ 3,105.00 $ DEMOLITION & CLEAN -UP 800.00 $ 850.00 $ 2,050.00 $ 247.50 $ 2,297.50 $ 113,075.57 $ 40,111.80 $ 145,579.37 $ 22,978.11 $ 176,565.48 $ $107.14 PERMITS 420.00 $ $ 88.82 2-10 WARRANTY 420.00 $ TOTAL WRITE-UP 177,405.48 $ - $ Total - $ - $ - $ - $ CONTRACTOR___________________________________________________DATE HIRED________________BY_____________________________ ACCEPTED: __________________________________TITLE______________________________DATE_________________ PREPARED BY: REVISED Cost per sf heated plus garage Cost per sf heated RECAP OF SECTIONS TOTALS 4 Commission Meeting Agenda 7/20/2021 2:00 PM HCD_ Laney Walker/ Bethlehem New Construction of one (1) Single Family Unit Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department's (HCD's) request to provide Laney Walker/ Bethlehem Revitalization Funding to contract with Capitalrise, LLC to develop new construction of one (1) single family unit. (Approved by Administrative Services Committee July 14, 2021) 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 project involves the new construction of one (1) single family unit identified as 934 Boyd Lane, within Laney Walker/Bethlehem. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department receives a tranche allocations for the Laney Walker Bethlehem Project which will fund this project. Contract Amount 934 Boyd Lane - $177,405.48(100% returned at home closing.) Alternatives:Do not approve HCD’s Request.Cover Memo Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Capitalrise, to develop new construction of one (1) single family unit, identified as 934 Boyd Lane, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Bond funds 298-07- 7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM HCD_ Rehabilitation Program Approval Request Department:HCD Department:HCD Caption:Motion to approve four (4) Rehabilitation projects. (Approved by Administrative Services Committee July 14, 2021) Background:The Homeowner-Occupied Emergency Rehabilitation Programs provide a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for lower-income individuals. · Home Owner occupied Rehabilitation – Full rehab to include rehabbing of floors, bathrooms, counter tops, cabinets, etc… The Home Owner Occupied Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner-occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide four (4) homeowners with funding for the following address: 1. Contractor: Blount’s Complete Home Project Address: 4224 Cap Chat Drive Amount: $17,550 2. Contractor: Legacy 4 Construction Project Address: 1133 Roselle Street Amount: $42,000.00 3. Contractor: Blount’s Complete Home Project Address: 2020 Edgar Street Amount: $34,300.00 4. Contractor: Legacy 4 Construction Project Address: 1308 Eleventh Street Amount: $38,500.00 Analysis: Cover Memo The approval of this request will allow four (4) homeowners to obtain compliant, decent, and safe housing. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested - $ 132,350.00 . Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve four (4) Rehabilitation projects. Funds are Available in the Following Accounts: U.S. Department of Housing and Urban Development (HUD) Funds: a) CDBG -221073210-5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between_________________, hereinafter called “Owner” and _______________, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _____________ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property locate_________________________, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after ______________ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor ______________________________. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be ______________________. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Curry Home Improvement Name of Contractor __________________________ Contractor’s Representative – Title Signature of Contractor OWNER ___________________________ Name of Homeowner Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages 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 7/20/2021 2:00 PM Augusta-Richmond County FY22 Capacity Agreement Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve Augusta-Richmond County FY22 Capacity Agreement for State Inmates being housed at the Richmond County Correctional Institution. (Approved by Public Safety Committee July 14, 2021) Background:Augusta-Richmond County contracts with the Georgia Department of Corrections to house Two Hundred Thirty (230) non-violent inmates. The inmates perform skilled/ non-skilled labor in various city departments. Analysis:The Georgia Department of Corrections pays the City of Augusta a per diem of Twenty Two ($22.00) dollars per day per inmate. The inmates supplement the City of Augusta's workforce by performing skilled/ non-skilled labor. Financial Impact:The revenues receive from the state of Georgia is approximately (45%) of the department's annual budget. Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo 1 FY22_CountyCap INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN GEORGIA DEPARTMENT OF CORRECTIONS AND AUGUSTA GEORGIA COUNTY CAPACITY THIS AGREEMENT is entered into the 1st day of July, 2021, by and between the GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia (“Department”), and AUGUSTA GEORGIA, a political subdivision of the State of Georgia (“County”), acting by and through its Board of County Commissioners, referred to individually as “Party” or together as “Parties.” WHEREAS, Department desires to contract with County for appropriate care and custody of certain offenders for which Department is responsible, (“State Offenders”); and County desires to provide appropriate care and custody of State Offenders at a correctional institution operated by County (“Services”). NOW, THEREFORE, in consideration of these premises and the mutual promises and agreements hereinafter set forth, the parties hereby agree as follows: 1. Care and Custody. County agrees to provide complete care and custody of up to 230 State Offenders daily, for the Term of this Agreement and in accordance with all applicable state and federal laws, rules, and regulations. Without limiting the generality of the foregoing, County specifically agrees that no State Offender labor shall benefit private persons or corporations. 2. Recording Offender Movement in SCRIBE. County agrees to record any and all movement of State Offenders transferred in and out of the County facility by entering the movement in Department’s SCRIBE system on the same day the movement occurs. Movements that are not entered in SCRIBE on the day the movement occurs will not show as an adjustment and result in an inaccurate daily count. County is solely responsible for implementing procedures to ensure that SCRIBE entries are made accurately and in a timely manner. County is responsible for verifying the State Offender count and all movements in and out of the County facility in SCRIBE on a daily basis to ensure that the count is accurate. County understands that the count reflected in SCRIBE is the official count for purposes of calculating payment under this Agreement. Late documentation, lack of documentation, or inaccurate documentation may result in delayed payment or non- payment under this Agreement. County agrees to grant Department access to County’s records, documentation procedure, and personnel for purposes of auditing SCRIBE entries and verifying State Offender count at any time upon Department’s request. 2 FY22_CountyCap 3. Notification of Medical Treatment. County shall notify Department of any State Offender that the County transfers to a hospital for treatment that will require an overnight stay or for whom treatment is likely to cost in excess of One Thousand Dollars ($1,000.00). Said notification shall be provided via telephone contact within Twenty-Four (24) hours of offender being admitted for treatment on an outpatient or inpatient basis. County shall notify Department pursuant to this paragraph by calling the Department’s “On Call Utilization Management Nurse” at 404-863-3079 at any time of day or night. 4. Employee or Offender Misconduct. The County agrees that it will notify the Department within ten (10) business days after terminating an employee of the County correctional institution for misconduct or of the resignation of any employee in connection with an allegation or investigation of misconduct. The County further agrees that it will notify the Department within ten (10) business days if it, one of its employees, or any other law enforcement officer secures a criminal warrant for the arrest or otherwise pursues the prosecution of an offender being housed at the County CI for criminal conduct allegedly committed at the County CI. County agrees that it will not hire any employee terminated by Department for misconduct or who resigns from Department in connection with an allegation or investigation of misconduct. 5. Compensation. Department agrees to pay County the sum of Twenty-Two Dollars ($22.00) per State Offender per day for the duration of this Agreement. County agrees that upon receipt of documentation from the Department showing inmate dates and total amount of payment, County shall validate the accuracy of the documentation in a manner as prescribed by the Department and return the validation of the same to the Business Management Unit within seven (7) business days of receiving the documentation. Department shall endeavor to pay County for Services within Forty-Five (45) days of invoice receipt in approved form. County acknowledges and agrees that the Commissioner of Corrections shall have sole authority with respect to the transfer of State Offenders to and from the County correctional institution and Department shall not incur charges for State Offenders not under the care and custody of County. A State Offender is not under the care and custody of County when a State Offender is not housed at the County facility including when a State Offender is out to court or sent to a Department facility for medical or mental health evaluation. 6. Term of Agreement. The term of this Agreement shall be from July 1, 2021 until 11:59 p.m. on June 30, 2022 (the “Term”). The Parties may, by mutual agreement in writing, extend the Term for additional time periods. 7. Termination. Department may at any time and for any reason terminate this Agreement by providing written notice in advance of such termination to County. In the event of termination under this paragraph, Department shall pay County for Services performed prior to the effective date of termination; provided, however, that payments otherwise due County may be applied by Department against amounts due or claimed to be due to Department. In the event that County fails to comply with the provisions of this Agreement, Department may terminate this Agreement for cause and without notice. If 3 FY22_CountyCap termination is for cause, payments may be withheld by Department on account of the Services being deemed deficient and not remedied by County prior to the effective date of termination. County shall be liable to Department for any additional cost incurred by Department as a result of deficiencies in the Services to be provided hereunder. 8. Prison Rape Elimination Act. County agrees that it will adopt and comply with 28 C.F.R. 115, entitled the Prison Rape Elimination Act (“PREA”). As required in 28 C.F.R. 155.12, County further agrees to cooperate with Department in any audit, inspection, or investigation by Department or other entity relating to County’s compliance with PREA. Department shall monitor the County’s compliance with PREA and shall have the right to inspect any documents or records relating to such audit, inspection or investigation, and County will provide such documents or records at Department’s request. County acknowledges that any violation of PREA is a material breach of this Agreement, is cause for termination of this Agreement and may lead to administrative and criminal sanctions. The County shall acknowledge in writing that the Department has advised the County of these matters. 9. Sexual Harassment Prevention. The State of Georgia promotes respect and dignity and does not tolerate sexual harassment in the workplace. The State is committed to providing a workplace and environment free from sexual harassment for its employees and for all persons who interact with state government. All State of Georgia employees are expected and required to interact with all persons including other employees, Governmental Entity’s, and customers in a professional manner that contributes to a respectful work environment free from sexual harassment. Furthermore, the State of Georgia maintains an expectation that its Governmental Entity’s and their employees and sub-contractors will interact with entities of the State of Georgia, their customers, and other Governmental Entities of the State in a professional manner that contributes to a respectful work environment free from sexual harassment. Pursuant to the State of Georgia’s Statewide Sexual Harassment Prevention Policy (the “Policy”), all Governmental Entities who are regularly on State premises or who regularly interact with State personnel must complete sexual harassment prevention training on an annual basis. A Governmental Entity, including its employees and sub-contractors, who have violated the Policy, including but not limited to engaging in sexual harassment and/or retaliation may be subject to appropriate corrective action. Such action may include, but is not limited to, notification to the employer, removal from State premises, restricted access to State premises and/or personnel, termination of contract, and/or other corrective action(s) deemed necessary by the State. 4 FY22_CountyCap (i) If Governmental Entity is an individual who is regularly on State premises or who will regularly interact with State personnel, Governmental Entity certifies that: (a) Governmental Entity has received, reviewed, and agreed to comply with the State of Georgia’s Statewide Sexual Harassment Prevention Policy located at http://doas.ga.gov/human-resources- administration/board-rules-policy-and-compliance/jointly-issued- statewide-policies/sexual-harassment-prevention-policy; (b) Governmental Entity has completed sexual harassment prevention training in the last year; or will complete the Georgia Department of Administrative Services’ sexual harassment prevention training located at http://doas.ga.gov/human-resources-administration/sexual- harassment-prevention/hr-professionals/employee-training (scroll down to section for entities without a LMS section) or this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and, (c) Upon request by the State, Governmental Entity will provide documentation substantiating the completion of sexual harassment training. (ii) If Governmental Entity has employees and sub-contractors that are regularly on State premises or who will regularly interact with State personnel, Governmental Entity certifies that: (a) Governmental Entity will ensure that such employees and sub- contractors have received, reviewed, and agreed to comply with the State of Georgia’s Statewide Sexual Harassment Prevention Policy located at http://doas.ga.gov/human-resources-administration/board- rules-policy-and-compliance/jointly-issued-statewide-policies/sexual- harassment-prevention-policy; (b) Governmental Entity has provided sexual harassment prevention training in the last year to such employees and sub-contractors and will continue to do so on an annual basis; or Governmental Entity will ensure that such employees and sub-contractors complete the Georgia Department of Administrative Services’ sexual harassment prevention 5 FY22_CountyCap training located at http://doas.ga.gov/human-resources- administration/sexual-harassment-prevention/hr- professionals/employee-training (scroll down to section for entities without a LMS section) or this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and (c) Upon request of the State, Governmental Entity will provide documentation substantiating such employees and sub-contractor’s acknowledgment of the State of Georgia’s Statewide Sexual Harassment Prevention Policy and annual completion of sexual harassment prevention training. 10. Notices. Any notice under this Agreement, other than those referenced in Paragraph 3, “Notification of Medical Treatment,” shall be deemed duly given if delivered by hand (against receipt) or if sent by registered or certified mail, return receipt requested, to a Party hereto at the address set forth below or to such other address as the Parties may designate by notice from time to time in accordance with this Agreement. If to the County: Augusta Georgia Administrator, Board of Commissioners 535 Telfair Street, Suite 910 Augusta, GA 30901 With a copy to: Richmond County Prison Warden, Evan Joseph 2314 Tobacco Road Augusta, GA 30906 If to the Department: Jennifer Ammons General Counsel Georgia Department of Corrections State Office South, Gibson Hall, 3rd Floor P.O. Box 1529 Forsyth, Georgia 31029 With a copy to: Robert Toole Facilities Director Georgia Department of Corrections State Office South, Gibson Hall, 1st Floor P.O. Box 1529 Forsyth, Georgia 31029 6 FY22_CountyCap 11. Reimbursement of Medical Costs. a. Department agrees to reimburse County for certain costs of medical services required for medical conditions which: (1) pose an immediate threat to life or limb, and (2) occur under circumstances in which the State Offender cannot reasonably be placed in a state institution for the receipt of this care (“Emergency Medical Services”). Department’s obligation to reimburse County for the cost of any medical services, to include Emergency Medical Services, arises only when the cost per State Offender per incident exceeds One Thousand Dollars ($1,000.00), and Department shall only be liable for the amount in excess of One Thousand Dollars ($1,000.00), subject to the limitations of this paragraph and other applicable laws and regulations. b. County agrees to invoice Department monthly for the actual cost of Emergency Medical Services paid by County. If there existed any rate agreement between County and the hospital or hospital authority at the time Emergency Medical Services were rendered, the invoice must reflect such rate. All invoices from County must include an invoice or receipt from the hospital that clearly shows the actual cost of Emergency Medical Services paid by County. c. Department is not liable to County for any late fees or charges imposed by the hospital, hospital authority (collectively, “Late Fees”), or other service provider, for late or nonpayment by the County. County agrees to exclude Late Fees from its invoices to Department. d. If Department reasonably determines that there is a difference between the actual cost incurred by County and the invoice sent to Department, Department may assess an administrative fee of one-half (1/2) of the difference to cover the administrative costs incurred by the Department. Department shall send County written notice of any administrative fees, and County shall have Thirty (30) days to make payment or to dispute the fee in writing. If County does not make payment of undisputed administrative fees by the due date, Department is entitled to a setoff of the same amount against future payments owing to County. e. Pursuant to O.C.G.A. § 42-5-2(c), Department shall reimburse County no more than the applicable Georgia Medicaid Rate for Emergency Medical Services provided to a State Offender by a hospital, hospital authority, or other service provider. Department shall not be liable to County for any amount paid by County to a hospital, hospital authority, or other service provider, in excess of the Medicaid Rate for emergency services provided to a State Offender. 7 FY22_CountyCap 12. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and replaces, cancels and supersedes any prior agreements and understandings relating to the subject matter hereof, and all prior representations, agreements, understandings and undertakings between the parties hereto with respect to the subject matter hereof are merged herein. 13. Sole Benefit. Department and County enter into this Agreement for their sole benefit. Department and County do not intend to give any rights pursuant to this Agreement to any other parties. 14. Choice of Law and Venue. The Contract shall be governed in all respects by the laws of the State of Georgia. Any lawsuit or other action brought against the Department and the State based upon or arising from this Agreement shall be brought in the Superior Court of Fulton County, Georgia. 15. Amendment. The Parties recognize and agree that it may be necessary or convenient for the Parties to amend this Agreement and the Parties agree to cooperate fully in connection with such amendments if and as necessary. However, no change, modification or amendment to this Agreement shall be effective unless the same is reduced to writing and signed by the Parties. 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which shall constitute one agreement. No Party shall be bound by this Agreement until all Parties have executed it. IN WITNESS WHEREOF, the parties have caused the authorized representatives of each to execute this Agreement on the day and year first above written. GEORGIA DEPARTMENT OF COUNTY: CORRECTIONS: By: _______________________ By: _______________________ Jennifer Ammons General Counsel Print Name: _________________ Date: _____________________ Title:______________________ Date: ______________________ FACILITY WARDEN/SUPERINTENDENT By: _______________________ 8 FY22_CountyCap Print Name: _________________ Date: ______________________ Commission Meeting Agenda 7/20/2021 2:00 PM Signage for Paine College Department: Department: Caption:Motion to approve erecting signage surrounding the Paine College Campus referring to the area as Historic Paine College District 15th St at Central Avenue; Druid Park at Central Avenue and Druid Park at Laney-Walker Blvd. (Approved by Public Safety Committee July 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Vendor Award RFP Item #21-126 Online Training & Records Management System Department:Fire Department:Fire Caption:Motion to authorize award of RFP #21-126, Online Training & Records Management System, of Augusta, Georgia Fire Department to Target Solutions subject to final contract negotiations; also authorize the Mayor to execute the final negotiated contract. (Approved by Public Safety Committee July 14, 2021) Background:This system will be used for the purpose of scheduling, managing, and documenting all training recertification hours and licensure in the areas of firefighting, EMS, EMA, Emergency Vehicle Operations, Human Resources, and NFPA/OSHA Compliance. In addition, the online platform will allow department members to assign, monitor, and document all critical activities to ensure that state/federal laws and departmental policies pertaining to training hours and certifications are being followed. Analysis:After careful review and scoring of the proposals submitted to the Procurement Department in response to RFP Item #21-126 Online Training & Records Management System, Target Solutions is the current vendor providing this service and was the only vendor that met all the criteria outlined in the specification. Financial Impact:Funding for this contract is allocated in the Fire Department's operational budget 274034110-5237111. 1st yr $36,748, 2nd year $36,748, 3% annual increase for the three 1 year options. Alternatives:None at this time Recommendation:To approve the motion to authorize award of RFP #21.126 Online Training & Records Management System of Augusta, Cover Memo Georgia Fire Department to Target Solutions subject to final contract negotiations, and to authorize the Mayor to execute the final negotiated contract. Funds are Available in the Following Accounts: 274034110-5237111 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until Wednesday, January 20, 2021 @ 11:00 a.m. opening will be via ZOOM for furnishing: Meeting ID: 942 0968 8657 Password: 566022 RFP Item #21-126 Online Training & Records Management System for the Augusta Fire Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901, (706) 821-2422. A Pre Proposal Conference will be held on Tuesday, January 5, 2021 @ 10:00 a.m. Via ZOOM Meeting ID: Meeting ID: 967 5832 7227 Passcode: 825319 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, January 6, 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). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No RFP will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 10, 17, 24, 31, 2020 Metro Courier December 10, 2020 Revised: 2/17/2016 OFFICIAL Vendors Attachment "B" E-Verify SAVE Form Original 7 Copies Fee Proposal Vector Solutions Target Solutions Learning LLC 4890 W. Kennedy Blvd Suite 300 Tampa, FL 33609 Yes 32855 Yes Yes Yes Yes The Angelo Group 604 Government Center Way Unit #4 Evans, GA 30809 Yes 500281 Yes Yes Yes Yes RFP Item #21-126 Online Training & Records Management System for Augusta, GA - Augusta Fire Department RFP Date: Wednesday January 20, 2021 @ 11:00 a.m. via ZOOM Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 51 Total Number Vendors Notified (Demandstar): 1 Georgia Procuement Registry: 1603 Total Packages Submitted: 2 Total Noncompliant: 0 Page 1 of 1 Vector Solutions Target Solutions Learning LLC 4890 W. Kennedy Blvd Suite 300 Tampa, FL 33609 The Angelo Group 604 Government Center Way Unit #4 Evans, GA 30809 Vector Solutions Target Solutions Learning LLC 4890 W. Kennedy Blvd Suite 300 Tampa, FL 33609 The Angelo Group 604 Government Center Way Unit #4 Evans, GA 30809 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)20 4.5 1.0 90.0 20.0 3. Organization & Approach (0-5)15 4.5 1.0 67.5 15.0 4. Scope of Services • Ability to provide 24/7 Customer Service • Ability to satisfy Program Features required by the Augusta Fire Department • User-Friendliness and Training for end users and site administrators on entire software package. • Ability to integrate locally developed content into (power point presentations, videos, etc.) into program. (0-5)20 4.5 1.5 90.0 30.0 5. Financial Stability (0-5)5 4.5 4.5 22.5 22.5 6. References (0-5)5 4.5 1.0 22.5 5.0 Within Richmond County 5 10 0.0 0.0 Within CSRA 5 6 5.0 0.0 30.0 Within Georgia 5 4 0.0 0.0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5.0 10.0 0.0 · All Others 5 1 0.0 0.0 27.5 14.0 302.5 122.5 8. Presentation by Team (0-5)10 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 Lowest Fees 5 10 10 100 0 Second 5 6 0 0 Third 5 4 0 0 Forth 5 2 0 0 Fifth 5 1 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 10 0 100 0 37.5 14 402.5 122.5 RFP Item #21-126 Online Training & Records Management System for Augusta, GA - Augusta Fire Department Evaluation Committee Meeting: Monday, February 8, 2021 @ 10:00 a.m. via ZOOM Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 Ranking of 0-5 (Enter a number value between Scale 0 (Low) to 5 (High) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Weighted Scores Procurement DepartmentRepresentative:______Nancy Williams___________________________________ Procurement Department Completion Date: _____2/8/21___________________ Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: __________Cumulative __________________ Date: __2/8/21 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) 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 7/20/2021 2:00 PM Allocation of $30,000 to support redistricting initiative. Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve $30,000 allocation to support ARC redistricting process. (Approved by the Redistricting Subcommittee June 16, 2021 and Finance Committee July 14, 2021) Background:The Redistricting Subcommittee approved the $30,000 budget recommendation of the BOE Director Lynn Bailey to support the group's initiative including setting up of work stations, consultant services if needed and allowing Information Technology Department to purchase appropriate computer software for the initiative. Analysis:ARC to provide administrative staff infrastructure to the BOE to help with the process. Financial Impact:Identify funding source. Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: $30,000 REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Approve funding of operating, capital & encumbrance carryovers Department:Finance Department:Finance Caption:Motion to approve funding of operating, capital & encumbrance carryovers. (Approved by Finance Committee July 14, 2021) Background:Operational appropriations are encumbered as a result of purchase orders, contracts or other forms of legal commitments. Encumbrances outstanding at year end are reported as a reservation of fund balance. Operational appropriations lapse at year end while capital projects typically extend over several years and may require a budget amendment; however, reappropriations of amounts to cover significant encumbrances are made by the Commission during the subsequent fiscal year as an amendment to the budget. Analysis:Several projects, programs and large contracts for services were approved and awarded in 2020. The funding for the contracts was appropriated in 2020. In accordance with budgetary policy, commission approval is required to carry over funding from prior years. Approval will allow the programs to continue without any disruption of service. Financial Impact:Funding is available in related funds' fund balance. Alternatives:Require use of current year's funding Recommendation:Approve use of fund balance for carryovers Funds are Available in the Following Accounts: 101-00-0000/39-52110 $510,360; 272-00-0000/39-52110 $5,082,980; 542-00-0000/39-52110 $245,380; 581-00-0000/39- 52110 $1,417,480 Cover Memo REVIEWED AND APPROVED BY: Cover Memo Fund Org Key Object Description Department Carryover Amount Requested Encumbrance Carryover (3951110) Operating/Capital Carryover (3951120)Total Notes 101 101-10-1110 60-11140 Disparity Study Contingency - New Programs 402,610 402,610 402,610 Initially approved by Commission in 2016 with additional funding approved 8/7/19 101-10-1110 60-11145 Election Expense Contingency - Special Elections 107,750 107,750 107,750 Set aside for election expenses 101 General Fund Total 510,360 510,360 510,360 272 272-01-3210 52-12119 Misc Professional Administrator 140,300 25,000 25,000 Discretionary 272-01-4110 53-16210 Noncapitalized Equipment Board of Elections 274,040 12,510 261,530 274,040 2020 Voting Equipment 272-01-5110 52-11110 Management Consultants Finance 24,230 24,230 24,230 272-01-5410 54-24910 Other Computer Systems Information Technology 159,990 85,410 74,580 159,990 Laptop replacements, Admin Open Records System, NCIC Message Switch Upgrade, Core Infrastructure Capital Lease, Wi-Fi for Recreation 272-01-5710 54-24320 Software Tax Assessor 196,490 70,530 125,960 196,490 2020 Pictometry Contract; P402133 Pictometry International Corp 272-01-6210 54-25310 Other Central Services 254,830 48,380 206,450 254,830 Demolish Old PD trailers, Ezekiel Harris House Renovations, CS Access Control Gate, HVAC Replacements, Verdin Master Clock Controller 272-01-6410 58-22110 Capital Leases-Obligated Procurement/Print Shop 10,890 2,150 8,740 10,890 Existing Lease; P368556 Pitney Bowes 272-01-6440 54-22210 Trucks, All Sizes Fleet Management 238,620 238,620 238,620 Purchase Orders related to Vehicles and Trucks 272-03-2110 54-26120 Safety Equipment Sheriff 36,890 36,890 36,890 P402376 Badge Pass Inc; P402808 Smith's Addressing Machine Service 272-03-9110 54-12110 Site Improvements Animal Services 19,950 450 19,500 19,950 Kennel Upgrades, Sanitation Equipment; P400062 Maner Builders Supply 272-04-1110 52-23110 Repairs & Maintenance Hwys & Streets Administration 91,000 50,000 50,000 Guardrails 272-05-4312 54-13120 Building Renovations DFACS Lease/Renovations 2,876,990 2,876,990 2,876,990 2KM Architects Inc. On going DFACS Renovations 272-06-1110 54-25310 Other Recreation Administration 18,500 590 17,910 18,500 Augusta Aquatic Center Renovations, Light Replacement @ Lake Olmstead, Bernie Ward Renovations, Fencing at various parks, McDuffie Woods R&M 272-06-1122 54-12110 Site Improvements Recreation General Shop 27,450 27,450 27,450 272-06-1313 52-12115 Engineering Recreation Bernie Ward Center 11,200 11,200 11,200 18REC416 Johnson Laschober and Associates 272-06-1325 52-23111 R&M Contract - Building Recreation Jamestown Center 35,000 35,000 35,000 Roof Replacement 272-06-1451 53-19110 General Repairs & Maintenance Augusta Golf Course 5,620 5,620 5,620 272-06-5110 54-13120 Building Renovations Library Administration 16,340 16,340 16,340 Wallace Branch Renovations 272-06-5112 54-13120 Building Renovations Appleby Branch Library 315,000 35,800 279,200 315,000 Appleby Branch Renovations; 20CSS016 Studio 3 Design Group 272-07-5511 54-12120 Rehab/Renov Landscaping DDA-James Brown Phase III 475,450 475,450 475,450 GDOT Grant - James Brown Boulevard 272-07-1311 54-26110 Communications Equipment Forestry 10,500 10,310 190 10,500 P402652 (2) Motorola Radios 272 Capital Fund Total 5,239,280 3,191,210 1,891,770 5,082,980 542 542-04-4110 54-22210 Trucks, All Sizes Garbage Collection 55,680 55,680 55,680 2020 BID process delayed due to COVID - BID awarded 10/21/20 Unreserved FB $17.2 million with ending balance for the fund $819,362 542-04-4110 54-22210 Trucks, All Sizes Garbage Collection 189,700 189,700 189,700 P391807 approved 12/8/20 Mack Granite 64 Grapple Truck, bid item #19-283 542 Garbage Collection Total 245,380 189,700 55,680 245,380 Recommended 2021 Augusta Richmond County Operating/Encumbrance Carryover Requests Fund Org Key Object Description Department Carryover Amount Requested Encumbrance Carryover (3951110) Operating/Capital Carryover (3951120)Total Notes Recommended 2021 Augusta Richmond County Operating/Encumbrance Carryover Requests 581 581-04-4320 52-11120 Contractual Services Stormwater Utilities 1,103,792 1,103,790 1,103,790 ROW mowing / Pond maintenance / On Call Drainage maintenance / Streambank Stabilization / Vac-Con Drainage Services 52-11110 Management Consultants 243,533 222,530 222,530 P230614 Consulting Services involving Impervious areas 52-12115 Engineering 79,110 74,360 74,360 Stormwater Drainage Studies 53-11816 Program Supplies 16,800 16,800 16,800 P367372 Phinizy Center 31h supplies 581 Stormwater Utilities Total 1,443,235 1,417,480 1,417,480 Commission Meeting Agenda 7/20/2021 2:00 PM Intergovernmental Agreemetn With Augusta Coliseum Authority Department:Finance / Administration Department:Finance / Administration Caption:Motion to approve resolution authorizing the execution of an Intergovernmental Service Agreement between Augusta and the Augusta Coliseum Authority in connection with the New James Brown Arena Project. (Approved by Finance Committee July 14, 2021) Background:The Coliseum Authority has begun the design of and planning for a new James Brown Arena and renovations to the Bell Auditorium (collectively the New James Brown Arena Project). To continue the design and planning process, the Coliseum Authority needs funding until a referendum can be held. The Intergovernmental Service Agreement provides for the payment by Augusta of debt service for $15,000,000 of bonds to be issued by the Coliseum Authority to continue the Project. The debt service payments will be made from the SPLOST allocation for the New James Brown Arena Project approved in March 2021. The resolution also authorizes the Mayor to execute any necessary documents in connection with the bond issue previously approved by counsel. Analysis:Interim funding will allow the design phase of the New James Brown Arena Project to continue without delay. SPLOST 8 collections will not begin until 2022. Financial Impact:Funding will be provided from SPLOST 8 collections. Alternatives:Not authorize the execution of the agreement and stop work on the project. Recommendation:Approve resolution SPLOST 8 Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 59566823.v2 AUTHORIZING RESOLUTION WHEREAS, the Augusta-Richmond County Coliseum Authority (the “Authority”) currently operates an existing multi-use coliseum and civic center type facility, known as the “Augusta Entertainment Complex,” consisting of the James Brown Arena, the William B. Bell Auditorium, exhibition space, and meeting rooms (as it now exists and as it may be hereafter added to, extended, improved, and equipped, the “Coliseum”), located in Augusta, Georgia; and WHEREAS, the Authority has completed the initial phases for planning and development of a replacement facility for all or part of the Coliseum, which included project planning, feasibility analysis, and schematic design, and the Authority is now undertaking the next phase for such planning and development, consisting generally, without limitation, of architectural and engineering services, project and design management services, pre-construction services, and initial site work (the “2021 Project”); and WHEREAS, on January 21, 2021, the Authority issued its revenue bond known as “Augusta-Richmond County Coliseum Authority Revenue Bond (Augusta Entertainment Complex Project), Series 2021,” in the original principal amount of $10,945,000, for the purpose of, among other things, obtaining funds to finance a portion of the costs the 2021 Project; and WHEREAS, the Authority now proposes to issue, sell, and deliver its revenue bond to be known as “Augusta-Richmond County Coliseum Authority Revenue Bond (Augusta Entertainment Complex Project), Series 2021A,” in the original principal amount of $15,230,000 (the “Bond”), for the purpose of obtaining additional funds needed to finance the 2021 Project, and to pay related costs and necessary expenses incidental thereto; and WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes Augusta, Georgia (the “Consolidated Government”) to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide; and WHEREAS, Section 36-34-3 of the Official Code of Georgia Annotated authorizes the Consolidated Government to acquire, own, and operate buildings used or useful for housing fairs and exhibits, buildings for educational purposes, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above; and WHEREAS, in consideration for the Authority’s continued operation of the Coliseum for the use and benefit of the residents of the Consolidated Government, the Consolidated Government proposes to enter into an Intergovernmental Service Agreement (the “Service Agreement”), to be dated as of the first day of the month of its execution and delivery, under the terms of which the Consolidated Government (1) will agree to make payments to the Authority in amounts sufficient to enable the Authority to pay the principal of, premium, if any, and interest on the Bond when due, and (2) will agree to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, at such rate or -2- 59566823.v2 rates, within the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive), or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Contract; and WHEREAS, the Authority will sell the Bond at private sale to South State Bank, N.A. (the “Bond Buyer”), pursuant to a Bond Purchase Agreement, to be dated the date of its execution and delivery, between the Authority and the Bond Buyer; and WHEREAS, pursuant to the terms of an Assignment and Security Agreement, to be dated as of the first day of the month of its execution and delivery, between the Authority and the Bond Buyer, the Authority will pledge the amounts received from the Consolidated Government under the Contract as security for payment of the Bond; and WHEREAS, after careful study and investigation, the Consolidated Government desires to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission (the “Commission”) as follows: 1. The form, terms, and conditions and the execution, delivery, and performance of the Contract, which has been filed with the Consolidated Government, are hereby approved and authorized. The Contract shall be in substantially the form submitted to the Commission with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the General Counsel of the Consolidated Government, whose approval thereof shall be conclusively evidenced by the execution of the Contract. 2. The Mayor of the Consolidated Government is hereby authorized and directed to execute on behalf of the Consolidated Government the Contract, and the Clerk of Commission of the Consolidated Government is hereby authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other parties thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor and Clerk of Commission of the Consolidated Government are authorized and directed to deliver the Contract on behalf of the Consolidated Government to the other party thereto, and to execute and deliver all such other contracts, instruments, documents, affidavits, or certificates (including, without limitation, in connection with the validation of the Bond in the manner provided by law) and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Bond and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. In the absence of the Mayor, the Mayor Pro Tempore may take any action, or execute and deliver any document, agreement, or other writing, which the Mayor is authorized to execute and deliver pursuant to this Resolution. An Assistant or Deputy Clerk of Commission may attest any execution of any document, agreement, or writing by the Mayor or the Mayor Pro -3- 59566823.v2 Tempore, in the same manner as the Clerk of Commission would be authorized to attest any such execution. 3. This Resolution and the Agreements, as approved by this Resolution, which are hereby incorporated in this Resolution by this reference thereto, shall be placed on file at the office of the Consolidated Government and made available for public inspection by any interested party immediately following the passage and approval of this Resolution. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 20th day of July 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 59566823.v2 CLERK OF COMMISSION’S CERTIFICATE I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of Augusta, Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on July 20, 2021, by the Augusta-Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which is in my custody and control. GIVEN under my hand and the seal of the Consolidated Government, this 20th day of July 2021. (SEAL) Clerk of Commission 59566788.v2 AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY (a public corporation created and existing under the laws of the State of Georgia) and AUGUSTA, GEORGIA (a political subdivision created and existing under the laws of the State of Georgia) INTERGOVERNMENTAL SERVICE AGREEMENT Dated as of August 1, 2021 THE RIGHTS AND INTEREST OF THE AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY IN THIS INTERGOVERNMENTAL SERVICE AGREEMENT AND THE REVENUES AND RECEIPTS DERIVED HEREFROM, EXCEPT FOR ITS UNASSIGNED RIGHTS, AS DEFINED HEREIN, HAVE BEEN ASSIGNED AND ARE THE SUBJECT OF A GRANT OF A SECURITY INTEREST TO SOUTH STATE BANK, N.A., UNDER AN ASSIGNMENT AND SECURITY AGREEMENT DATED THE DATE HEREOF. (i) 59566788.v2 INTERGOVERNMENTAL SERVICE AGREEMENT TABLE OF CONTENTS (This Table of Contents is not a part of this Agreement and is only for convenience of reference.) Page ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION.............................................................................................. 1 Section 1.01. Definitions ................................................................................................. 1 Section 1.02. Construction of Certain Terms............................................................... 4 Section 1.03. Table of Contents; Titles and Headings ................................................. 5 Section 1.04. Contents of Certificates or Opinions ...................................................... 5 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS ....................................... 7 Section 2.01. Representations by the Authority ........................................................... 7 Section 2.02. Representations by the Consolidated Government .............................. 9 Section 2.03. Reliance by Bondholder ........................................................................ 12 ARTICLE III THE COLISEUM; SECURITY ................................................................. 13 Section 3.01. The Coliseum .......................................................................................... 13 Section 3.02. Security for Payments under this Agreement ..................................... 13 Section 3.03. Security for the Bond; Perfection ......................................................... 16 ARTICLE IV THE 2021 PROJECT; ISSUANCE OF THE BOND; PROJECT FUND ............................................................................................................ 17 Section 4.01. Agreement to Undertake the 2021 Project .......................................... 17 Section 4.02. Agreement to Issue the Bond; Application of Proceeds ..................... 17 Section 4.03. Application of Moneys in the Project Fund ......................................... 17 Section 4.04. Disbursements from the Project Fund ................................................. 17 Section 4.05. Obligation of the Parties to Cooperate in Furnishing Documents; Reliance of the Depository..................................................................... 18 Section 4.06. Authorized Consolidated Government and Authority Representatives and Successors ............................................................ 18 Section 4.07. Investment of Project Fund ................................................................... 18 ARTICLE V TERM; AUTHORITY OWNERSHIP OF PROJECT; NATURE OF OBLIGATIONS OF CONSOLIDATED GOVERNMENT..................... 19 Section 5.01. Term of Agreement ................................................................................ 19 Section 5.02. Consolidated Government’s Payment Obligations ............................. 19 Section 5.03. Place of Payments .................................................................................. 20 Section 5.04. Nature of Obligations of Consolidated Government Hereunder ...... 20 ARTICLE VI ADDITIONAL COVENANTS ................................................................... 22 Section 6.01. Indemnity ................................................................................................ 22 Section 6.02. Financial Statements .............................................................................. 22 Page (ii) 59566788.v2 Section 6.03. Special Investment Covenants .............................................................. 22 Section 6.04. Calculation and Payment of Rebate Amount ...................................... 22 Section 6.05. Tax Covenants ........................................................................................ 23 ARTICLE VII ASSIGNMENT; PREPAYMENTS ............................................................ 24 Section 7.01. No Assignment by Consolidated Government .................................... 24 Section 7.02. Redemption of Bond .............................................................................. 24 Section 7.03. Prepayment ............................................................................................. 24 Section 7.04. Option to Prepay and Redeem the Bond at Prior Optional Redemption Dates .................................................................................. 24 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES ............................................. 25 Section 8.01. Events of Default Defined ...................................................................... 25 Section 8.02. Remedies on Default .............................................................................. 26 Section 8.03. No Remedy Exclusive ............................................................................ 26 Section 8.04. Agreement to Pay Fees and Expenses .................................................. 26 Section 8.05. Waiver of Events of Default .................................................................. 26 ARTICLE IX MISCELLANEOUS .................................................................................... 28 Section 9.01. Notices ..................................................................................................... 28 Section 9.02. Construction and Binding Effect .......................................................... 29 Section 9.03. Severability ............................................................................................. 29 Section 9.04. Amounts Remaining in Funds .............................................................. 29 Section 9.05. Amendments, Changes, and Modifications ......................................... 29 Section 9.06. Execution of Counterparts .................................................................... 29 Section 9.07. Law Governing Construction of this Agreement ................................ 29 Section 9.08. Immunity of Officials, Officers, and Employees of Authority and Consolidated Government..................................................................... 29 SIGNATURES AND SEALS .................................................................................................... 31 EXHIBIT A - DOCUMENTATION PURSUANT TO SECTION 2.02(J) ....................... A-1 59566788.v2 INTERGOVERNMENTAL SERVICE AGREEMENT This INTERGOVERNMENTAL SERVICE AGREEMENT, dated as of August 1, 2021, by and between the Augusta-Richmond County Coliseum Authority (the “Authority”), a public corporation created and existing under the laws of the State of Georgia, and Augusta, Georgia (the “Consolidated Government”), a political subdivision created and existing under the laws of the State of Georgia; W I T N E S S E T H: WHEREAS, the Authority and the Consolidated Government are authorized under the Constitution and statutes of the State of Georgia to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for and in consideration of the promises and covenants hereinafter contained, the parties hereby agree as follows: ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.01. Definitions. Certain words and terms used in this Agreement are defined herein. When used herein, such words and terms shall have the meanings given to them by the language employed in this Article I defining such words and terms, unless the context clearly indicates otherwise. In addition to the words and terms defined elsewhere herein, the following words and terms are defined terms under this Agreement: “Act” means an Act of the General Assembly of the State of Georgia entitled the “Augusta-Richmond County Coliseum Authority Act” (1973 Ga. Laws 3042 to 3059, inclusive), as amended by Acts of the General Assembly of the State of Georgia (1974 Ga. Laws 3207 to 3211, inclusive, 1975 Ga. Laws 4681 to 4687, inclusive, 1977 Ga. Laws 3300 to 3303, inclusive, 1978 Ga. Laws 4673 to 4675, inclusive, 1993 Ga. Laws 4087 to 4091, inclusive, 2009 Ga. Laws 3873 to 3877, inclusive, and 2012 Ga. Laws 5205 to 5206, inclusive), as the same may be from time to time supplemented and amended. “Additional Contract” means a contract or supplemental agreement entered into after the date hereof binding the Consolidated Government pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983, pursuant to the terms of which a payment obligation is created or expanded from the Consolidated Government to the other party to such contract. “Agreement” means the within Intergovernmental Service Agreement between the Authority and the Consolidated Government, as the same may be amended from time to time in accordance with the provisions hereof. “Assignment” means the Assignment and Security Agreement, dated the date hereof, between the Authority and the Bond Buyer, under the terms of which the Authority assigned and -2- 59566788.v2 pledged, and granted a first priority security interest in, its right, title, and interest in this Agreement (except Unassigned Rights) to the Bond Buyer, as security for the payment of principal of, premium, if any, and interest on the Bond. The term Assignment shall include any amendments or supplements thereto. “Authority” means the Augusta-Richmond County Coliseum Authority, a public corporation created and existing under the laws of the State, the party of the first part hereto, and its successors and assigns. “Authorized Authority Representative” means the person at the time designated to act on behalf of the Authority by written certificate furnished to the Consolidated Government and the Depository, containing the specimen signature of such person and signed on behalf of the Authority by the Chairman or Vice Chairman of its Governing Body. Such certificate or any subsequent or supplemental certificate so executed may designate an alternate or alternates. “Authorized Consolidated Government Representative” means the person at the time designated to act on behalf of the Consolidated Government by written certificate furnished to the Authority and the Depository, containing the specimen signature of such person and signed on behalf of the Consolidated Government by its Mayor. Such certificate or any subsequent or supplemental certificate so executed may designate an alternate or alternates. “Bond” means the revenue bond designated “Augusta-Richmond County Coliseum Authority Revenue Bond (Augusta Entertainment Complex Project), Series 2021A,” dated the date of its delivery, in the original principal amount of $15,230,000, to be issued pursuant to the Bond Purchase Agreement, and any bond issued in substitution or exchange therefor. “Bond Buyer” means South State Bank, N.A., Augusta, Georgia, and its successors and assigns. “Bond Documents” means, collectively, this Agreement, the Assignment, the Bond, and the Bond Purchase Agreement. “Bond Purchase Agreement” means the Bond Purchase Agreement, dated the date of its execution and delivery, between the Authority and the Bond Buyer, under the terms of which the Authority agreed to issue and sell the Bond to the Bond Buyer and the Bond Buyer agreed to purchase the Bond from the Authority. The term Bond Purchase Agreement shall include any amendments or supplements thereto. “Bond Resolution” means the resolution or resolutions adopted by the Governing Body of the Authority authorizing the issuance and sale of the Bond and the security therefor. “Bondholder” means the Person in whose name the Bond is registered on the bond registration books kept and maintained by the Authority. “Code” means the Internal Revenue Code of 1986, as amended. “Coliseum” means the existing multi-use coliseum and civic center type facility, known as the “Augusta Entertainment Complex,” consisting of the James Brown Arena, the William B. -3- 59566788.v2 Bell Auditorium, exhibition space, and meeting rooms, as it now exists and as it may be hereafter added to, extended, improved, and equipped. “Consolidated Government” means Augusta, Georgia, a political subdivision created and existing under the laws of the State, the party of the second part hereto, and its successors and assigns. “Constitutional Amendment” means an amendment to Article VII, Section I, Paragraph II of the Constitution of the State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive). “Contracts” means this Agreement, the Prior Contracts, and all Additional Contracts. “Depository” means initially South State Bank, Augusta, Georgia, and its successors and assigns, or any successor depository for the Project Fund hereafter appointed by the Authority at the direction of the Consolidated Government; provided, however, the Depository shall at all times be a commercial bank. “Event of Default” means any event specified in Section 8.01 of this Agreement. “Fiscal Year” means any period of twelve consecutive months adopted by the Consolidated Government as its fiscal year for financial reporting purposes and shall initially mean the period beginning on January 1 of each calendar year and ending on December 31 of the same calendar year. “Governing Body” means, in the case of the Authority, its members and, in the case of the Consolidated Government, the Augusta-Richmond County Commission. “Permitted Investments” means the obligations in which the Authority is permitted to invest proceeds of the Bond pursuant to applicable law. “Person” means natural persons, firms, joint ventures, associations, trusts, partnerships, corporations, limited liability companies, and public bodies. “Prior Contracts” means, collectively, the Intergovernmental Contract, dated as of December 7, 2010, between the Solid Waste Management Authority of Augusta and the Consolidated Government; the Intergovernmental Agreement, dated as of August 1, 2014, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Agreement of Sale, dated as of July 1, 2017, as amended by the First Amendment to Agreement of Sale, dated as of July 1, 2018, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Intergovernmental Redevelopment Agreement, dated as of May 1, 2018, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Intergovernmental Service Agreement, dated as of September 1, 2020, between the Urban Redevelopment Agency of Augusta and the Consolidated Government; the Intergovernmental Service Agreement, dated as of January 1, 2021, between the Authority and the Consolidated Government; and the Agreement of Sale, dated as of January 1, 2021, between -4- 59566788.v2 the Authority and the Consolidated Government, as the same may be supplemented and amended from time to time in accordance with the provisions thereof. “Project Fund” means the Project Fund created in Section 5.1 of the Bond Purchase Agreement and referred to herein. “Rebate Amount” means the rebatable arbitrage in connection with the Bond, which is payable to the United States Treasury pursuant to Section 148(f) of the Code and any Regulations proposed or promulgated in connection therewith. “Rebate Calculator” means any nationally recognized bond counsel, nationally recognized firm of certified public accountants, or other firm acceptable to the Bondholder, which is expert in making the calculations required by Section 148(f) of the Code, appointed by the Consolidated Government pursuant to Section 6.04 hereof to make the calculations required by Section 148(f) of the Code and any Regulations proposed or promulgated in connection therewith. “Regulations” means the Treasury Regulations promulgated under and pursuant to the Code. “Revenue Bond Law” means Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, entitled the “Revenue Bond Law,” as amended. “State” means the State of Georgia. “2021 Project” means the planning and development of a new multi-use coliseum and civic center type facility to replace all or part of the Coliseum, consisting generally, without limitation, of architectural and engineering services, project and design management services, pre-construction services, and initial site work, to be financed with proceeds of the Bond. “Unassigned Rights” means all of the rights of the Authority to receive reimbursements and payments pursuant to Sections 5.03(b), 6.01, and 8.04 hereof, and to be held harmless and indemnified pursuant to Section 6.01 hereof. Section 1.02. Construction of Certain Terms. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following rules of construction shall apply: (1) The use of the masculine, feminine, or neuter gender is for convenience only and shall be deemed and construed to include correlative words of the masculine, feminine, or neuter gender, as appropriate. (2) “This Agreement” means this instrument as originally executed or as it may from time to time be supplemented or amended by one or more agreements of sale supplemental hereto entered into pursuant to the applicable provisions hereof. (3) All references in this instrument to designated “Articles,” “Sections,” and other subdivisions are to the designated Articles, Sections, and other subdivisions of this -5- 59566788.v2 instrument. The words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section, or other subdivision. (4) The terms defined in this Article shall have the meaning assigned to them in this Article and include the plural as well as the singular. (5) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants, on and as of the date of this instrument. Section 1.03. Table of Contents; Titles and Headings. The table of contents, the titles of the articles, and the headings of the sections of this Agreement are solely for convenience of reference, are not a part of this Agreement, and shall not be deemed to affect the meaning, construction, or effect of any of its provisions. Section 1.04. Contents of Certificates or Opinions. Every certificate or opinion with respect to the compliance with a condition or covenant provided for in this Agreement shall include: (i) a statement that the person or persons making or giving such certificate or opinion have read such covenant or condition and the definitions herein relating thereto; (ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (iii) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iv) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any such certificate or opinion made or given by an official of the Authority or the Consolidated Government may be based, insofar as it relates to legal or accounting matters, upon a certificate or an opinion of counsel or an accountant, which certificate or opinion has been given only after due inquiry of the relevant facts and circumstances, unless such official knows that the certificate or opinion with respect to the matters upon which his certificate or opinion may be based as aforesaid is erroneous or in the exercise of reasonable care should have known that the same was erroneous. Any such certificate or opinion made or given by counsel or an accountant may be based (insofar as it relates to factual matters with respect to information that is in the possession of an official of the Authority or the Consolidated Government or any third party) upon the certificate or opinion of or representations by an official of the Authority or the Consolidated Government or any third party on whom counsel or an accountant could reasonably rely unless such counsel or such accountant knows that the certificate or opinion or representations with respect to the matters upon which his certificate or opinion may be based as aforesaid are erroneous or in the exercise of reasonable care should have known that the same were erroneous. The same official of the Authority or the Consolidated Government, or the same counsel or accountant, as the case may be, need not certify or opine to all of the matters required to be certified or opined under any provision of this Agreement, but different officials, counsel, or accountants may certify or opine to different matters, respectively. -6- 59566788.v2 [End of Article I] -7- 59566788.v2 ARTICLE II REPRESENTATIONS AND UNDERTAKINGS Section 2.01. Representations by the Authority. The Authority makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) Creation and Authority. The Authority is a public corporation duly created and validly existing under the laws of the State, including the provisions of the Act. The Authority has all requisite power and authority under the Act and the laws of the State (1) to issue the Bond to finance the costs of the 2021 Project, (2) to undertake the 2021 Project, and (3) to enter into, perform its obligations under, and exercise its rights under this Agreement, the Bond Purchase Agreement, and the Assignment. The Act authorizes the Authority to issue negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or more “projects,” which includes the acquisition, construction, equipping, maintenance, and operation of multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms or corporations whether public or private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. The Act also authorizes the Authority to do all things that municipalities are empowered to do under the provisions of the Revenue Bond Law. The Authority is authorized and empowered under and pursuant to the provisions of the Revenue Bond Law to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any “undertaking,” which includes buildings to be constructed and used for the housing of exhibits for fairs and educational purposes, the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two, and such buildings to be used for fairs, expositions, or exhibitions in connection therewith. The Act also authorizes the Authority (1) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, (2) to make contracts, and to execute all instruments necessary or convenient, with any city, town, municipality, consolidated government, county, or other political subdivision of the State, including contracts for construction of any project and contracts with respect to the use and management of any project, and (3) to pledge and allocate the revenues, fees, tolls, and earnings derived from any project as security for repayment of its revenue bonds. The Authority has found that the 2021 Project constitute a “project” within the meaning of that term as defined in the Act, has found that the 2021 Project constitutes an “undertaking” within the meaning of that term as defined in the -8- 59566788.v2 Revenue Bond Law, and has found that the 2021 Project is for the lawful and valid public purposes set forth in the Act. (b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Authority, after making due inquiry with respect thereto, threatened against or affecting the Authority in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the transactions contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of the Bond, the Bond Purchase Agreement, the Assignment, this Agreement, or any agreement or instrument to which the Authority is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Authority aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. (c) Agreements Are Legal and Authorized. The execution and delivery by the Authority of this Agreement, the Bond, the Bond Purchase Agreement, and the Assignment and the compliance by the Authority with all of the provisions of each thereof (i) are within the purposes, powers, and authority of the Authority; (ii) have been done in full compliance with the provisions of the Act and have been approved by the Governing Body of the Authority and are legal and will not conflict with or constitute on the part of the Authority a violation of or a breach of or a default under any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Authority is a party or by which the Authority or its properties are otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Authority or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the Governing Body of the Authority. This Agreement, the Bond, the Bond Purchase Agreement, and the Assignment are the valid, legal, binding, and enforceable obligations of the Authority. (d) Governmental Consents. Neither the nature of the Authority nor any of its activities or properties, nor any relationship between the Authority and any other Person, nor any circumstance in connection with the offer, issue, sale, or delivery of the Bond is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Authority in connection with the execution, delivery, and performance of this Agreement, the Bond Purchase Agreement, and the Assignment or the consummation of any transaction therein contemplated, or the offer, issue, sale, or delivery of the Bond, except as shall have been obtained or made and as are in full force and effect. (e) No Defaults. To the knowledge of the Authority, after making due inquiry with respect thereto, no event has occurred and no condition exists that would constitute an event of default under the Bond Purchase Agreement or that, with the lapse of time or with the giving of notice or both, would become such an event of default. To the knowledge of the Authority, after making due inquiry with respect thereto, the Authority is not in default or violation in any -9- 59566788.v2 material respect under the Act or under any organic document or other agreement or instrument to which it is a party or by which it may be bound. (f) No Prior Pledge. Neither this Agreement nor any of the payments or amounts to be received by the Authority hereunder have been or will be assigned, pledged, or hypothecated in any manner or for any purpose or have been or will be the subject of a grant of a security interest by the Authority other than as provided in the Assignment. (g) Disclosure. The representations of the Authority contained in this Agreement and any certificate, document, written statement, or other instrument furnished to the Bond Buyer by or on behalf of the Authority in connection with the transactions contemplated hereby do not contain any untrue statement of a material fact relating to the Authority and do not omit to state a material fact relating to the Authority necessary in order to make the statements contained herein and therein relating to the Authority not misleading. Nothing has come to the attention of the Authority that would materially and adversely affect or in the future may (so far as the Authority can now reasonably foresee) materially and adversely affect any transactions contemplated by this Agreement, the Bond Purchase Agreement, and the Assignment, which has not been set forth in writing to the Bond Buyer or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Authority prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (h) Compliance with Conditions Precedent to the Issuance of the Bond. All acts, conditions, and things required to exist, happen, and be performed precedent to and in the execution and delivery by the Authority of the Bond do exist, have happened, and have been performed in due time, form, and manner as required by law; the issuance of the Bond, together with all other obligations of the Authority, do not exceed or violate any constitutional or statutory limitation, and the revenues, funds, property, and amounts pledged to the payment of the principal of, premium, if any, and interest on the Bond, as the same become due, have been calculated to be sufficient in amount for that purpose. (i) Coliseum Compliance. The Coliseum complies and will comply with all presently applicable building and zoning, health, environmental, and safety ordinances and laws and all other applicable laws, rules, and regulations of any and all governmental and quasi-governmental authorities having jurisdiction over any portion of the Coliseum. (j) Authority’s Tax Certificate. The representations and warranties of the Authority set forth in the Authority’s Tax Certificate, dated the date of issuance and delivery of the Bond, are hereby incorporated herein and made a part hereof by this reference thereto, as if fully set forth herein, and are true and correct as of the date hereof. Section 2.02. Representations by the Consolidated Government. The Consolidated Government makes the following representations and warranties as the basis for the undertakings on its part herein contained: (a) Creation and Authority. The Consolidated Government is a political subdivision duly created and validly existing under the laws of the State. The Consolidated Government has all requisite power and authority under the laws of the State to enter into, perform its obligations -10- 59566788.v2 under, and exercise its rights under this Agreement. Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide. Section 36-34-3 of the Official Code of Georgia Annotated authorizes the Consolidated Government to acquire, own, and operate buildings used or useful for housing fairs and exhibits, buildings for educational purposes, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. (b) Pending Litigation. There are no actions, suits, proceedings, inquiries, or investigations pending or, to the knowledge of the Consolidated Government, after making due inquiry with respect thereto, threatened against or affecting the Consolidated Government in any court or by or before any governmental authority or arbitration board or tribunal, which involve the possibility of materially and adversely affecting the properties, activities, prospects, profits, operations, or condition (financial or otherwise) of the Consolidated Government, or the ability of the Consolidated Government to perform its obligations under this Agreement, or the transactions contemplated by this Agreement or which, in any way, would adversely affect the validity or enforceability of this Agreement or any agreement or instrument to which the Consolidated Government is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or thereby, nor is the Consolidated Government aware of any facts or circumstances presently existing that would form the basis for any such actions, suits, or proceedings. The Consolidated Government is not in default with respect to any judgment, order, writ, injunction, decree, demand, rule, or regulation of any court, governmental authority, or arbitration board or tribunal. (c) Agreement Is Legal and Authorized. The execution and delivery by the Consolidated Government of this Agreement, the consummation of the transactions herein contemplated, and the fulfillment of or the compliance with all of the provisions hereof (i) are within the power, legal right, and authority of the Consolidated Government; (ii) are legal and will not conflict with or constitute on the part of the Consolidated Government a violation of or a breach of or a default under, any organic document, indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Consolidated Government is a party or by which the Consolidated Government or its properties are otherwise subject or bound, or any license, law, statute, rule, regulation, judgment, order, writ, injunction, decree, or demand of any court or governmental agency or body having jurisdiction over the Consolidated Government or any of its activities or properties; and (iii) have been duly authorized by all necessary and appropriate official action on the part of the Governing Body of the Consolidated Government. This Agreement is the valid, legal, binding, and enforceable obligation of the Consolidated Government. The officials of the Consolidated Government executing this Agreement are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Consolidated Government. (d) Governmental Consents. Neither the Consolidated Government nor any of its activities or properties, nor any relationship between the Consolidated Government and any other Person, nor any circumstances in connection with the execution, delivery, and performance by -11- 59566788.v2 the Consolidated Government of its obligations under this Agreement or the offer, issue, sale, or delivery by the Authority of the Bond, is such as to require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority on the part of the Consolidated Government in connection with the execution, delivery, and performance of this Agreement or the consummation of any transaction herein contemplated, or the offer, issue, sale, or delivery of the Bond, except as shall have been obtained or made and as are in full force and effect and except as are not presently obtainable. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government will be able to obtain all such additional consents, approvals, permissions, orders, licenses, or authorizations of governmental authorities as may be required on or prior to the date the Consolidated Government is legally required to obtain the same. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default or that, with the lapse of time or with the giving of notice or both, would become an Event of Default. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government is not in default or violation in any material respect under any organic document or other agreement or instrument to which it is a party or by which it may be bound. (f) Compliance with Law. To the knowledge of the Consolidated Government, after making due inquiry with respect thereto, the Consolidated Government is not in violation of any laws, ordinances, or governmental rules or regulations to which it or its properties are subject and has not failed to obtain any licenses, permits, franchises, or other governmental authorizations (which are presently obtainable) necessary to the ownership of its properties or to the conduct of its affairs, which violation or failure to obtain might materially and adversely affect the properties, activities, prospects, profits, and condition (financial or otherwise) of the Consolidated Government, and there have been no citations, notices, or orders of noncompliance issued to the Consolidated Government under any such law, ordinance, rule, or regulation. (g) Restrictions on the Consolidated Government. The Consolidated Government is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise). The Consolidated Government is not a party to any contract or agreement that restricts the right or ability of the Consolidated Government to enter into intergovernmental service agreements. (h) Disclosure. The representations of the Consolidated Government contained in this Agreement and any certificate, document, written statement, or other instrument furnished by or on behalf of the Consolidated Government to the Authority or the Bond Buyer in connection with the transactions contemplated hereby, do not contain any untrue statement of a material fact and do not omit to state a material fact necessary to make the statements contained herein or therein not misleading. There is no fact that the Consolidated Government has not disclosed to the Authority or the Bond Buyer in writing that materially and adversely affects or in the future may (so far as the Consolidated Government can now reasonably foresee) materially and adversely affect the properties, activities, prospects, operations, profits, or condition (financial or otherwise) of the Consolidated Government, or the ability of the Consolidated -12- 59566788.v2 Government to perform its obligations under this Agreement or any of the documents or transactions contemplated hereby or thereby or any other transactions contemplated by this Agreement, which has not been set forth in writing to the Bond Buyer or in the certificates, documents, and instruments furnished to the Bond Buyer by or on behalf of the Consolidated Government prior to the date of execution of this Agreement in connection with the transactions contemplated hereby. (i) Financial Statements. The balance sheet of the Consolidated Government as of December 31, 2019, and the statement of revenues, expenditures, and changes in fund balance and the statement of cash flow for the year ended December 31, 2019 (copies of which, audited by Mauldin & Jenkins, LLC, independent certified public accountants, have been furnished to the Bond Buyer) present fairly the financial position of the Consolidated Government as of December 31, 2019, and the results of its operations and its cash flows for the year ended December 31, 2019, with such exceptions as may be disclosed in the audit report. Since December 31, 2019, there has been no material adverse change in the financial position or results of operations or cash flows of the Consolidated Government. (j) Other Contracts. The Consolidated Government represents that there is not presently in force and effect any other contract or agreement that obligates the Consolidated Government to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment, to provide revenues to fulfill the Consolidated Government’s obligations under such contract or agreement, except for the Prior Contracts. The Consolidated Government has obtained documentation evidencing that the conditions of the Prior Contracts have been satisfied, in order to permit the Agency and the Consolidated Government to enter into this Agreement, which documentation is attached to this Agreement as Exhibit A. Section 2.03. Reliance by Bondholder. The Authority and the Consolidated Government acknowledge and agree that these representations and warranties are made to induce the Bond Buyer to purchase the Bond, and that such representations and warranties and any other representations and warranties made by the Authority and the Consolidated Government in the Bond Documents are made for the benefit of the Bondholder and may be relied upon by the Bondholder and shall remain operative and in full force and effect (unless expressly waived in writing by the Bond Buyer), regardless of any investigations made by the Bond Buyer or on its behalf, and shall survive delivery of the Bond to the Bond Buyer. [End of Article II] -13- 59566788.v2 ARTICLE III THE COLISEUM; SECURITY Section 3.01. The Coliseum. (a) The Authority hereby agrees during the term hereof to operate the Coliseum as a multi-use coliseum and civic center type facility or otherwise as directed by the Consolidated Government, making the facilities and the services of the Coliseum available to public and private consumers and users located in territorial limits of the Consolidated Government and its environs, all for the benefit of the citizens of the Consolidated Government. The Authority hereby agrees to operate and maintain the Coliseum for the benefit of the citizens of the Consolidated Government, for and in consideration of the payments to be received from the Consolidated Government as set forth in Section 5.02 hereof and in accordance with the provisions of this Agreement. (b) The Authority agrees that it shall not (1) directly, indirectly, or beneficially sell, convey, or otherwise dispose of any part of its interest in the Coliseum during the term of this Agreement without the prior written consent of the Consolidated Government or except as provided in subparagraph (c) of this Section 3.01 or otherwise permitted under this Agreement, (2) permit any part of the Coliseum to become subject to any lease, mortgage, lien, claim of title, encumbrance, security interest, conditional sale contract, title retention arrangement, finance lease, servitude, easement, license, restriction, reservation, defect in or cloud on title, or other charge of any kind without the prior written consent of the Consolidated Government, except as permitted under this Agreement, and (3) assign, transfer, or hypothecate any payment then due or to accrue in the future under any lease of the Coliseum, except as otherwise permitted in this Agreement. (c) Notwithstanding any other provision contained herein to the contrary, the Authority agrees to sell, lease, or otherwise dispose of the Coliseum or any part of its interest thereof or any of its interest therein, at the written request of the Consolidated Government, to any third party designated by the Consolidated Government, and the Authority agrees to cooperate with the Consolidated Government in furnishing all documents and taking all actions that are required to effect such sale and purchase, lease, or other disposition. The Authority agrees that the proceeds of any sale, lease, or other disposition of any portion of the Coliseum shall be deposited or disposed of as directed by the Consolidated Government (including, if directed by the Consolidated Government, transferred to the Consolidated Government). The Consolidated Government agrees that the sale, lease, or other disposition of all or any portion of the Coliseum or any interest therein shall not affect its obligations under this Agreement. Section 3.02. Security for Payments under this Agreement. (a) As security for the payments required to be made and the obligations required to be performed by the Consolidated Government under this Agreement, the Consolidated Government hereby pledges to the Authority its full faith and credit and taxing power for such payment and performance. The Consolidated Government covenants that, in order to make such payments when due from its general funds to the extent required hereunder, it will exercise its power of taxation to the extent necessary to pay the amounts required to be paid hereunder and will make available and use for such payments all taxes levied and collected for that purpose together with funds received from any other sources. The Consolidated Government further covenants and agrees that in order to -14- 59566788.v2 make funds available for such purpose in each Fiscal Year, it will, in its general revenue, appropriation, and budgetary measures through which its tax funds or revenues and the allocation thereof are controlled or provided for, include sums sufficient to satisfy any such payments that may be required to be made hereunder, whether or not any other sums are included in such measure, until all payments so required to be made hereunder shall have been made in full. The obligation of the Consolidated Government to make any payments that may be required to be made from its general funds shall constitute a general obligation of the Consolidated Government and a pledge of the full faith and credit of the Consolidated Government to provide the funds required to fulfill any such obligation. In the event for any reason any such provision or appropriation is not made as provided in this Section 3.02, then the fiscal officers of the Consolidated Government are hereby authorized and directed to set up as an appropriation on their accounts in the appropriate Fiscal Year the amounts required to pay the obligations that may be due from the general funds of the Consolidated Government. The amount of such appropriation shall be due and payable and shall be expended for the purpose of paying any such obligations, and such appropriation shall have the same legal status as if the Consolidated Government had included the amount of the appropriation in its general revenue, appropriation, and budgetary measures, and the fiscal officers of the Consolidated Government shall make such payments to the Authority if for any reason the payment of such obligations shall not otherwise have been made. (b) The Consolidated Government covenants and agrees that it shall, to the extent necessary, levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, as now existent and as the same may hereafter be extended, at such rate or rates, within the mill limit prescribed by the Constitutional Amendment or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that will be sufficient to fulfill the Consolidated Government’s obligations under this Agreement, from which revenues the Consolidated Government agrees to appropriate sums sufficient to pay in full when due all of the Consolidated Government’s obligations under this Agreement. The Consolidated Government hereby creates and grants a lien in favor of the Authority on any and all revenues realized by the Consolidated Government from such tax, to make the payments that are required under this Agreement, which lien is superior to any that can hereafter be created, except that this lien shall be on a parity basis with the lien on such revenues created by each of the Prior Contracts and may be extended to cover any Additional Contracts, as permitted by Section 3.02(e) hereof. Nothing herein contained, however, shall be construed as limiting the right of the Consolidated Government to make the payments called for by this Agreement out of any funds lawfully available to it for such purpose, from whatever source derived (including general funds). (c) The Consolidated Government’s obligation to levy an annual ad valorem tax within the mill limit prescribed by the Constitutional Amendment, or such greater millage hereafter authorized by law, for the purpose of providing funds to meet the Consolidated Government’s payment obligations under this Agreement shall not be junior and subordinate, but shall be superior or equal to the Consolidated Government’s obligation to levy an annual ad valorem tax at such rate or rates within such mill limit or such greater millage as hereinafter prescribed by law pursuant to the provisions of the Prior Contracts and any Additional Contract. It is expressly provided, however, that the Consolidated Government shall not be required to levy a tax in any year at a rate or rates exceeding in the aggregate the maximum millage prescribed by -15- 59566788.v2 the Constitutional Amendment for such year, or any greater millage hereafter prescribed by law, in order to meet its obligations under the Contracts. (d) So long as the Bond is unpaid, the Consolidated Government shall not: (1) enter into an Additional Contract that creates a lien on the revenues to be derived from the tax to be levied hereunder by the Consolidated Government to fulfill its obligations hereunder, which is superior to the lien created hereunder; (2) enter into any other contract or agreement creating a lien on such tax revenues for any purpose other than debt service payments (including creation and maintenance of reasonable reserves therefor) superior to or on a parity with the lien created thereon to fulfill the obligations of the Consolidated Government hereunder; and (3) enter into any Additional Contract that provides for payment to be made by the Consolidated Government from moneys derived from the levy of a tax within the maximum millage now or hereafter authorized by law if each annual payment of all amounts payable with respect to debt service or which are otherwise fixed in amount or currently budgeted in amount under all Contracts then in existence, together with each annual payment to be made under the proposed Additional Contract, in each future Fiscal Year, would exceed the amount then capable of being produced by a levy of a tax within the maximum millage now or hereafter authorized by law on the taxable value of property located within the territorial limits of the Consolidated Government subject to taxation for such purposes, as shown by the latest tax digest available immediately preceding the execution of any such Additional Contract. (e) It is further expressly provided that so long as the Bond is unpaid, the Consolidated Government shall not hereafter enter into any Additional Contract for the purpose of debt service payments (including creation and maintenance of reserves therefor), unless the amount then capable of being produced by the levy of an ad valorem tax within the maximum millage then prescribed by the Constitutional Amendment or any successor provision on all taxable property within the territorial limits of the Consolidated Government, as shown by the latest tax digest available immediately preceding the execution of such Additional Contract, is equal to at least the maximum combined amount payable in any future Fiscal Year with respect to debt service under all existing Contracts and any such Additional Contract. Debt service for purposes of this paragraph (e) shall mean required payments of principal, including principal to be paid through mandatory redemption, interest, and amounts required to be paid for creation and maintenance of reasonable debt service reserves and to establish and maintain mandatory investment programs, less principal and interest received or to be received from investment of any of the foregoing amounts (except funds on hand or to be on hand in any debt service reserve) required to be applied to debt service in each Fiscal Year. The Consolidated Government shall furnish the Authority, not less than five (5) nor more than sixty (60) days prior to the date of execution and delivery of any such Additional Contract, a report of an independent certified public accountant to the effect that, based upon an affidavit of the Tax Commissioner of Richmond County as to the taxable value of property located within the territorial limits of the Consolidated Government, the requirements of this paragraph (e) have been met. -16- 59566788.v2 Section 3.03. Security for the Bond; Perfection. Contemporaneously with the issuance of the Bond, as security for the payment of the Bond, the Authority shall execute and deliver the Assignment. The Consolidated Government hereby assents to the assignment and grant of a first priority security interest made in the Assignment and hereby agrees that its obligations to make all payments under this Agreement shall be absolute and shall not be subject to any defense, except payment, or to any right of setoff, counterclaim, or recoupment arising out of any breach by the Authority of any obligation to the Consolidated Government, whether hereunder or otherwise, or arising out of any indebtedness or liability at any time owing to the Consolidated Government by the Authority. The Consolidated Government further agrees that all payments required to be made under this Agreement, except for those arising out of Unassigned Rights, shall be paid directly to the Bondholder for the account of the Authority. The Bondholder shall have all rights and remedies herein accorded to the Authority (except for Unassigned Rights), and any reference herein to the Authority shall be deemed, with the necessary changes in detail, to include the Bondholder, and the Bondholder is deemed to be and is a third party beneficiary of the representations, covenants, and agreements of the Consolidated Government herein contained. Upon reasonable and timely written notice from the Bondholder as to the required form, substance, timing, and place for filing, refiling, recording, or re-recording, or for taking possession of any collateral, the Consolidated Government shall file, refile, record, or re-record all financing statements, continuation statements, documents, and notices or deliver possession of any instrument or cash necessary to perfect and maintain any lien or security interest created by the Assignment for the benefit of the Bondholder as a first and preferred pledge, lien, encumbrance, and security interest in and to the property encumbered thereby. The Authority agrees that it will cooperate fully and will take any action required to assist the Consolidated Government in meeting the provisions of this Section 3.03. [End of Article III] -17- 59566788.v2 ARTICLE IV THE 2021 PROJECT; ISSUANCE OF THE BOND; PROJECT FUND Section 4.01. Agreement to Undertake the 2021 Project. The Authority agrees to continue to undertake the 2021 Project in order to advance the planning and development of a replacement facility for all or part of the Coliseum. The Authority agrees to continue to undertake the 2021 Project as promptly as practicable and with all reasonable dispatch after the date of issuance and sale of the Bond. Section 4.02. Agreement to Issue the Bond; Application of Proceeds. In order to provide funds to pay the costs of the 2021 Project, the Authority agrees that it shall execute and deliver the Bond Purchase Agreement and sell and cause to be delivered to the Bond Buyer the Bond in the original principal amount of $15,230,000 and shall thereupon apply the proceeds of the sale of the Bond for the following purposes (but for no other purposes): (a) payment of any costs and expenses of issuing the Bond; and (b) all proceeds of the Bond remaining after application as provided in clause (a) above to be deposited in the Project Fund to pay the costs of the 2021 Project. Section 4.03. Application of Moneys in the Project Fund. The Authority shall in the Bond Purchase Agreement authorize and direct the Depository to use the moneys in the Project Fund for the following purposes (but for no other purposes): (a) payment of any costs and expenses relating to the 2021 Project that would constitute a “cost of project” permitted to be paid by the Authority under the Act; and (b) all proceeds of the Bond remaining in the Project Fund after payment in full of all the items set forth in clause (a), less amounts retained or set aside to meet costs not then due and payable or that are being contested, shall be applied as prepayments under Section 7.03 hereof of the amounts required to be paid under Section 5.02(a) hereof. Section 4.04. Disbursements from the Project Fund. All disbursements from the Project Fund shall be made upon draft or other demand for payment, signed by the Authorized Authority Representative and the Authorized Consolidated Government Representative, but before they shall sign any such draft, there shall be filed with the Depository: (a) A requisition for such payment (the above-mentioned draft or other demand for payment may be deemed a requisition for the purpose of this Section 4.04), stating each amount to be paid and the name of the person to whom payment is due. (b) A certificate executed by the Authorized Authority Representative and the Authorized Consolidated Government Representative attached to the requisition and certifying: (1) that an obligation in the stated amount has been incurred by the Authority and that the same is a proper charge against the Project Fund and has not been paid and -18- 59566788.v2 stating that the bill or statement of account for such obligation, or a copy thereof, is on file in the office of the Consolidated Government; (2) that the signers have no notice of any vendor’s, mechanic’s, or other liens or rights to liens, chattel mortgages, or conditional sales contracts that should be satisfied or discharged before such payment is made; and (3) that such requisition contains no item representing payment on account of any retained percentages that the Authority is, at the date of any such certificate, entitled to retain. Section 4.05. Obligation of the Parties to Cooperate in Furnishing Documents; Reliance of the Depository. Upon payment of any expenses of the Authority incurred in connection therewith pursuant to Section 5.02(b) hereof, the Authority agrees to cooperate with the Consolidated Government in furnishing to the Depository the documents referred to in Section 4.04 hereof that are required to effect payments out of the Project Fund, and the Authority agrees to cause such orders to be directed to the Depository as may be necessary to effect payments out of the Project Fund, in accordance with Section 4.04 hereof. Such obligation of the Authority is subject to any provisions of the Bond Purchase Agreement requiring additional documentation with respect to payments and shall not extend beyond the moneys in the Project Fund available for payment under the terms of the Bond Purchase Agreement. In making any such payment from the Project Fund, the Depository may rely on any such orders and certifications delivered to it pursuant to Section 4.04 hereof. Section 4.06. Authorized Consolidated Government and Authority Representatives and Successors. The Consolidated Government and the Authority, respectively, shall designate, in the manner prescribed in Section 1.01 hereof, the Authorized Consolidated Government Representative and the Authorized Authority Representative. In the event that any person so designated and his alternate or alternates, if any, should become unavailable or unable to take any action or make any certificate provided for or required in this Agreement, a successor shall be appointed in the same manner. Section 4.07. Investment of Project Fund. Subject to Section 5.3 of the Bond Purchase Agreement, any moneys held as a part of the Project Fund shall be invested or reinvested by the Depository at the written direction of the Authorized Consolidated Government Representative in such Permitted Investments as may be designated by the Consolidated Government. The Depository may make any and all such investments through its own bond or investment department or through its broker-dealer affiliate. The investments so purchased shall be held by the Depository and shall be deemed at all times a part of the Project Fund, and the interest accruing thereon and any profit realized therefrom shall be credited to the Project Fund, and any losses resulting from such investments shall be charged to the Project Fund and paid by the Consolidated Government. [End of Article IV] -19- 59566788.v2 ARTICLE V TERM; AUTHORITY OWNERSHIP OF PROJECT; NATURE OF OBLIGATIONS OF CONSOLIDATED GOVERNMENT Section 5.01. Term of Agreement. This Agreement shall become effective upon its delivery and shall be in full force and effect until midnight, October 1, 2027, subject to the provisions of this Agreement permitting earlier termination (including particularly Article VII hereof), or if all the payments and other amounts payable pursuant to Section 5.02 hereof have not been paid or retired, until such date as such payment shall have been made; provided, however, that the covenants and obligations expressed herein to so survive shall survive the termination of this Agreement, but in no event shall the term of this Agreement exceed fifty (50) years. Section 5.02. Consolidated Government’s Payment Obligations. (a) Until the principal of, premium, if any, and interest on the Bond shall have been fully paid, the Consolidated Government shall pay to the Bondholder for the account of the Authority, on or before April 1, 2022, and on or before each October 1 and April 1 thereafter, to and including October 1, 2027, a sum equal to the amount payable on such date as principal of, premium, if any, and interest on the Bond, as provided in the Bond Purchase Agreement. Each payment under this Section due on an interest or principal payment date or redemption date until the Bond is fully paid shall in all events be sufficient to pay the total amount of interest, principal, redemption requirement, and premium, if any, payable on the Bond on the principal or interest payment date or on the redemption date. Any payment not received by the Bondholder when due shall continue as an obligation of the Consolidated Government until paid and shall bear interest at the rate of interest on the Bond. (b) The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Authority incurred in connection with their negotiation, structuring, documenting, and closing the Bond, including, without limitation, the reasonable fees and disbursements of counsel for the Authority and Bond Counsel. The Consolidated Government agrees to pay all reasonable out-of-pocket costs and expenses of the Authority and the Bondholder incurred in connection with their administration or modification of, or in connection with the preservation of their rights under, enforcement of, or any refinancing, renegotiation, restructuring, or termination of, any Bond Document or any instruments referred to therein or any amendment, waiver, or consent relating thereto, including, without limitation, the reasonable fees and disbursements of counsel for the Authority and counsel for the Bondholder. Such additional payments shall be billed to the Consolidated Government by the Authority, the Bond Buyer, the Bondholder, or the Depository from time to time, together with a statement certifying that the amount billed has been incurred or paid by such party for one or more of the above items. Amounts so billed shall be paid by the Consolidated Government within thirty (30) days after receipt of the bill by the Consolidated Government. -20- 59566788.v2 (c) In the event the Consolidated Government shall fail to make any of the payments required in this Section 5.02, the item so in default shall continue as an obligation of the Consolidated Government until the amount in default shall have been fully paid. Section 5.03. Place of Payments. The payments provided for in Section 5.02(a) hereof shall be paid in lawful money of the United States of America directly to the Bondholder for the account of the Authority by the method and at the address specified for such purpose by the Bondholder in writing to the Consolidated Government. The additional payments to be made to the Authority, the Bond Buyer, the Bondholder, or the Depository pursuant to Section 5.02(b) hereof shall be paid directly to the Authority, the Bond Buyer, the Bondholder, or the Depository for its own use. Section 5.04. Nature of Obligations of Consolidated Government Hereunder. (a) The obligations of the Consolidated Government to make the payments required in Section 5.02 hereof and other sections hereof and to perform and observe any and all of the other covenants and agreements on its part contained herein shall be a general obligation of the Consolidated Government and shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment, or counterclaim, except payment, it may otherwise have against the Authority. The Consolidated Government agrees that it shall not (i) suspend, abate, reduce, abrogate, diminish, postpone, modify, or discontinue any payments provided for in Section 5.02 hereof; (ii) fail to observe any of its other agreements contained in this Agreement; or (iii) except as provided in Article VII hereof, terminate its obligations under this Agreement for any contingency, act of God, event, or cause whatsoever, including, without limiting the generality of the foregoing, failure of the Authority to complete the 2021 Project, failure of the Authority to occupy or to use the Coliseum as contemplated in this Agreement or otherwise, any change or delay in the time of availability of the 2021 Project, any acts or circumstances that may impair or preclude the use or possession of the Coliseum, any defect in the title, design, operation, merchantability, fitness, or condition of the Coliseum or in the suitability of the Coliseum for the Authority’s purposes or needs, failure of consideration, any declaration or finding that the Bond is unenforceable or invalid, the invalidity of any provision of this Agreement, any acts or circumstances that may constitute an eviction or constructive eviction, destruction of or damage to the Coliseum, the taking by eminent domain of title to or the use of all or any part of the Coliseum, failure of the Authority’s title to the Coliseum or any part thereof, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either thereof or in the rules or regulations of any governmental authority, or any failure of the Authority to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with this Agreement. (b) Nothing contained in this Section 5.04 shall be construed to release the Authority from the performance of any of the agreements on its part herein contained. In the event the Authority should fail to perform any such agreement on its part, the Consolidated Government may institute such action against the Authority as the Consolidated Government may deem necessary to compel performance so long as such action does not abrogate, limit, or reduce the Consolidated Government’s obligations hereunder. The Authority hereby agrees that it shall not take or omit to take any action that would cause this Agreement to be terminated. -21- 59566788.v2 [End of Article V] -22- 59566788.v2 ARTICLE VI ADDITIONAL COVENANTS Section 6.01. Indemnity. To the extent permitted by the statutes and Constitution of the State, the Consolidated Government shall protect, hold harmless, and indemnify the Authority, the Bondholder, and the Depository from and against any and all liability, obligations, losses, claims, and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties, and interest arising out of or as the result of the entering into of the Bond Documents. The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement and shall survive the termination of this Agreement for any reason. Section 6.02. Financial Statements. During the term of this Agreement, the Consolidated Government will provide in an electronic format and accessible to the Authority and the Bondholder either on the Consolidated Government’s official website (which is currently available at www.augustaga.gov) or on the Electronic Municipal Market Access system of the MSRB (which is currently available at http://emma.msrb.org) not later than 270 days after the end of each Fiscal Year, the audited financial statements of the Consolidated Government for such Fiscal Year; provided, however, if the time for providing the audited financial statements of the Consolidated Government for any such Fiscal Year to the state auditor of the State is extended beyond 270 days by operation of law or order of any court or governmental agency or body having jurisdiction over the Consolidated Government, then the Consolidated Government will provide such audited financial statements to the Authority and the Bondholder as provided in this Section 6.02 within 30 days of their availability. Section 6.03. Special Investment Covenants. The Authority and the Consolidated Government each covenant that it will not directly or indirectly use or permit the use of any proceeds (as defined in the Regulations) of the Bond or any other funds of the Authority or the Consolidated Government, or take or omit to take any action, or direct any depository to invest any funds held by it, in such manner as will, or allow any “related party” (as defined in Section 1.150-1(b) of the Regulations) to enter into any arrangement, formal or informal, as will, cause the Bond to be “federally guaranteed,” as such term is used and defined in Section 149(b) of the Code, or to be an “arbitrage bond” within the meaning of Section 148 of the Code, and any Regulations proposed or promulgated in connection therewith. To that end, the Authority and the Consolidated Government shall comply with all requirements of Section 149(b) and Section 148 of the Code to the extent applicable to the Bond. In the event that at any time the Authority or the Consolidated Government is of the opinion that for purposes of this Section 6.03 it is necessary to dispose of any investment or to restrict or limit the yield on any investment held under the Bond Documents or otherwise, the Authority or the Consolidated Government, as the case may be, shall so instruct the Depository in writing. Section 6.04. Calculation and Payment of Rebate Amount. The Consolidated Government agrees to appoint and pay a Rebate Calculator to calculate and determine the Rebate Amount, if any, as required by Section 148(f) of the Code and any Regulations proposed or promulgated in connection therewith. All calculations and determinations made by a Rebate -23- 59566788.v2 Calculator shall be accompanied by the opinion of a Rebate Calculator that such calculations and determinations have been made in accordance with the requirements of Section 148(f) of the Code. The Consolidated Government agrees to pay to the United States Treasury for and on behalf of the Authority the amount determined by the Rebate Calculator to be due to the United States Treasury before the due date specified by the Rebate Calculator. The obligations created by this Section 6.05 shall survive the termination of this Agreement. The Authority hereby delegates to the Consolidated Government the authority and responsibility for compliance with Section 148(f) of the Code. Section 6.05. Tax Covenants. The Consolidated Government recognizes that the Bond Buyer will have accepted the Bond on, and paid an amount therefor reflecting, the understanding that interest on the Bond is excluded from the gross income of the owner for federal income tax purposes under laws in force at the time the Bond shall have been delivered. The Consolidated Government covenants that it will not take or omit to take any action nor permit any action to be taken or omitted that would cause the interest on the Bond to become includable in the gross income of any owner thereof. The Consolidated Government agrees to furnish the Authority any items (including, without limitation, certificates of the Consolidated Government and opinions of Bond Counsel) reasonably requested by it to evidence compliance with the covenants contained in this Section 6.05. [End of Article VI] -24- 59566788.v2 ARTICLE VII ASSIGNMENT; PREPAYMENTS Section 7.01. No Assignment by Consolidated Government. Neither this Agreement nor its obligations under this Agreement may be sold, assigned, or encumbered by the Consolidated Government without the prior written consent of the Authority and the Bondholder. Section 7.02. Redemption of Bond. The Authority, at the written request of the Consolidated Government at any time and if the Bond is then callable or available for purchase, and if there are funds available therefor, shall forthwith take all steps that may be necessary under the applicable redemption or purchase provisions of the Bond Purchase Agreement and the Bond to effect redemption or purchase of all or part of the then outstanding Bond, as may be specified by the Consolidated Government, on the earliest date on which such redemption or purchase may be made under such applicable provisions. Section 7.03. Prepayment. There is expressly reserved to the Consolidated Government the right, and the Consolidated Government is authorized and permitted, at any time it may choose, to prepay all or any part of the amounts payable under Section 5.02 hereof, and the Authority agrees that the Bondholder may accept such prepayments and other amounts when the same are tendered by the Consolidated Government. All amounts so prepaid shall at the written direction of the Consolidated Government be credited toward the amounts specified in Section 5.02 hereof, in the order of their due dates, or applied to the retirement of the Bond prior to maturity (either by redemption or purchase) in accordance with the Bond Purchase Agreement and the Bond. Section 7.04. Option to Prepay and Redeem the Bond at Prior Optional Redemption Dates. The Consolidated Government shall also have the option to prepay the amounts payable under Section 5.02 hereof and other amounts payable under this Agreement in such manner and amounts as will enable the Authority to redeem the Bond prior to maturity, in whole or in part on any date, as provided in Section 7.1 of the Bond Purchase Agreement. The amounts payable under Section 5.02 hereof and other amounts payable by the Consolidated Government in the event of its exercise of the option granted under this Section shall be (i), in the case of partial redemption, the amount necessary to pay principal, all interest to accrue to the redemption date, the applicable redemption premium, as provided in Section 7.1 of the Bond Purchase Agreement, and any redemption expense, and (ii) in the case of a total redemption, the amount necessary to pay and satisfy all amounts due under the Bond Documents. [End of Article VII] -25- 59566788.v2 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.01. Events of Default Defined. The following shall be “Events of Default” under this Agreement, and the terms “Event of Default” or “Default” shall mean, whenever they are used in this Agreement, any one or more of the following events: (a) The Consolidated Government’s failure to pay the amounts required to be paid under Section 5.02 of this Agreement at the times specified therein. (b) The Consolidated Government’s breach in any material respect of any representation or warranty contained in this Agreement or the Consolidated Government’s failure to observe, perform, or comply with any covenant, condition, or agreement in this Agreement on the part of the Consolidated Government to be observed or performed, other than as referred to in subsection (a) of this Section 8.01, for a period of thirty (30) days after written notice specifying such breach or failure and requesting that it be remedied, given to the Consolidated Government by the Authority or the Bondholder, unless the Bondholder shall agree in writing to an extension of such time prior to its expiration. In the case of any such breach or default that cannot with due diligence be cured within such thirty (30) day period but can be wholly cured within a period of time not materially detrimental to the rights of the Authority and the Bondholder, to be determined conclusively by the Bondholder, it shall not constitute an Event of Default if corrective action is instituted by the Consolidated Government within the applicable period and diligently pursued until the breach or default is corrected in accordance with and subject to any directions or limitations of time established in writing by the Bondholder. (c) The Consolidated Government shall (i) apply for or consent to the appointment of or the taking of possession by a receiver, custodian, trustee, or liquidator of it or of all or a substantial part of its property; (ii) enter into an agreement of composition with its creditors; (iii) admit in writing its inability to pay its debts as such debts become due; (iv) make a general assignment for the benefit of its creditors; (v) commence a voluntary case under the federal bankruptcy law (as now or hereafter in effect); (vi) file a petition or answer seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; (vii) fail to controvert in a timely or appropriate manner or acquiesce in writing to any petition filed against it in an involuntary case under such federal bankruptcy law, or (viii) take any action for the purpose of effecting any of the foregoing. (d) A proceeding or case shall be commenced, without the application of the Consolidated Government, in any court of competent jurisdiction, seeking (i) the liquidation, reorganization, dissolution, winding-up, or composition or adjustment of debts of the Consolidated Government; (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of the Consolidated Government or of all or any substantial part of the assets of it; or (iii) similar relief in respect of the Consolidated Government under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition and adjustment of debts, and such proceeding or case shall continue undismissed or an order, judgment, or decree approving or ordering any of the foregoing shall be entered and shall continue unvacated and unstayed and in effect for a period of sixty (60) days, whether consecutive or not. -26- 59566788.v2 Section 8.02. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Authority, in its discretion, may exercise any one or more of the following remedies: (a) The Authority may have access to and inspect, examine, and make copies of the books and records and any and all accounts and similar data of the Consolidated Government. (b) The Authority may from time to time take whatever action at law or in equity or under the terms of this Agreement may appear necessary or desirable to collect the amounts payable by the Consolidated Government hereunder then due or thereafter to become due, or to enforce performance and observance of any obligation, agreement, or covenant of the Consolidated Government under this Agreement. No action taken pursuant to this Section 8.02 shall relieve the Consolidated Government from its obligations pursuant to Section 5.02 hereof, all of which shall survive any such action, and the Authority may take whatever action at law or in equity as may appear necessary and desirable to collect the amounts then due and thereafter to become due or to enforce the performance and observance of any obligation, agreement, or covenant of the Consolidated Government hereunder. Section 8.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. Such rights and remedies as are given the Authority hereunder shall also extend to the Bondholder, and the Bondholder shall be deemed a third party beneficiary of all covenants and agreements herein contained. Section 8.04. Agreement to Pay Fees and Expenses. Upon the occurrence of an Event of Default under any of the provisions of this Agreement and the Authority or the Bondholder should employ attorneys, accountants, or other experts or incur other expenses for the collection of amounts due hereunder or the enforcement of performance or observance of any obligation or agreement on the part of the Consolidated Government herein contained, the Consolidated Government agrees that it shall on demand therefor pay to the Authority or to the Bondholder for the account of the Authority the reasonable fees of such attorneys, accountants, or other experts and such other expenses so incurred by the Authority or the Bondholder. Any attorneys’ fees required to be paid by the Consolidated Government under this Agreement shall include attorneys’ and paralegals’ fees through all proceedings, including, but not limited to, negotiations, administrative hearings, trials, and appeals. Section 8.05. Waiver of Events of Default. The Authority may waive any Event of Default hereunder and its consequences. In case of any such waiver, or in case any proceeding -27- 59566788.v2 taken by the Authority or the Bondholder on account of any such Event of Default shall be discontinued or abandoned or determined adversely to the Authority or the Bondholder, then and in every such case the Authority and the Consolidated Government shall be restored to their former position and rights hereunder, but no such waiver or rescission shall extend to or affect any subsequent or other Event of Default or impair or exhaust any right, power, or remedy consequent thereon. [End of Article VIII] -28- 59566788.v2 ARTICLE IX MISCELLANEOUS Section 9.01. Notices. All notices, certificates, and other communications provided for hereunder shall be in writing and sent (a) by telecopy or other electronic means if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid), or (b) by registered or certified mail with return receipt requested (postage prepaid), or (c) by a recognized overnight delivery service (with charges prepaid). Any such notice must be sent to any party hereto at the following addresses or to such other address as any party hereto shall have specified in writing to the other party: If to the Authority: Augusta-Richmond County Coliseum Authority 601 Seventh Street Augusta, Georgia 30901 Attention: Chairman with a copy to: Augusta, Georgia 535 Telfair Street, Suite 800 Augusta, Georgia 30901 Attention: Finance Director and a copy to: Ed Enoch, Esq. Enoch Tarver, PC 3540 Wheeler Road, Suite 312 Augusta, Georgia 30909 If to the Consolidated Government: Augusta, Georgia 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Attention: Administrator with a copy to: Augusta, Georgia 535 Telfair Street, Suite 800 Augusta, Georgia 30901 Attention: Finance Director If to the Bondholder or the Bond Buyer: South State Bank, N.A. 3530 Wheeler Road Augusta, Georgia 30909 Attention: Mark J. Wills with a copy to: South State Bank, N.A. 101 First Street South Winter Haven, Florida 33880 Attention: General Counsel -29- 59566788.v2 Notices under this Section 9.01 will be deemed given only when actually received. A duplicate copy of each notice, certificate, or other communication given hereunder shall also be given to the Bondholder. Section 9.02. Construction and Binding Effect. This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements. This Agreement shall inure to the benefit of and shall be binding upon the Authority, the Consolidated Government, and their respective successors and assigns, subject, however, to the limitations contained in Section 7.01 hereof. Section 9.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 9.04. Amounts Remaining in Funds. It is agreed by the parties hereto that any amounts remaining in the Project Fund or other funds provided for herein upon expiration or sooner termination of this Agreement, as provided in this Agreement, after payment in full of the amounts payable by the Consolidated Government hereunder and the Bond, the fees, charges, and expenses of the Authority, the Bondholder, and the Depository, in accordance with the terms hereof, and all sums due and owing to the Authority, shall belong to and be paid to the Consolidated Government by the Authority as overpayment of the amounts payable by the Consolidated Government hereunder. Section 9.05. Amendments, Changes, and Modifications. This Agreement may not be amended, changed, modified, altered, or terminated, and the observance of any term hereof may not be waived, without the prior written consent of the Bondholder. Section 9.06. Execution of Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 9.07. Law Governing Construction of this Agreement. This Agreement is prepared and entered into with the intention that the law of the State, exclusive of such state’s rules governing choice of law, shall govern its construction. Section 9.08. Immunity of Officials, Officers, and Employees of Authority and Consolidated Government. No recourse shall be had for the enforcement of any obligation, covenant, promise, or agreement of the Authority or the Consolidated Government contained in this Agreement or for any claim based hereon or otherwise in respect hereof against any member of a Governing Body, officer, or employee, as such, in his individual capacity, past, present, or future, of the Authority, the Consolidated Government, or any successor body, whether by virtue of any constitutional provision, statute, or rule of law, or by the enforcement of any assessment or penalty or otherwise, it being expressly agreed and understood that this Agreement is solely a corporate obligation of the Consolidated Government and the Authority payable only from the funds and assets of the Consolidated Government and the Authority herein specifically provided to be subject to such obligation and that no personal liability whatsoever shall attach to, or be -30- 59566788.v2 incurred by, any member of a Governing Body, officer, or employee, as such, past, present, or future, of the Consolidated Government or the Authority, or of any successor corporation, either directly or through the Consolidated Government, the Authority, or any successor corporation, under or by reason of any of the obligations, covenants, promises, or agreements entered into between the Authority and the Consolidated Government whether contained in this Agreement or in the other Bond Documents or to be implied herefrom or therefrom as being supplemental hereto or thereto, and that all personal liability of that character against every such member of a Governing Body, officer, and employee is, by the execution of this Agreement and as a condition of and as part of the consideration for the execution of this Agreement, expressly waived and released. The immunity of members of a Governing Body, officers, and employees of the Authority and the Consolidated Government under the provisions contained in this Section 9.08 shall survive the termination of this Agreement. [End of Article IX] -31- 59566788.v2 SIGNATURES AND SEALS IN WITNESS WHEREOF, the Authority has executed this Agreement by causing its name to be hereunto subscribed by its Chairman and by causing the official seal of the Authority to be impressed hereon and attested by its Assistant Secretary; and the Consolidated Government has executed this Agreement by causing its name to be hereunto subscribed by its Mayor and by causing the official seal of the Consolidated Government to be impressed hereon and attested by its Clerk of Commission; all being done as of the day and year first above written. (SEAL) AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY By: Chairman Attest: Assistant Secretary (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 59566788.v2 EXHIBIT A DOCUMENTATION PURSUANT TO SECTION 2.02(J) [Attached] Commission Meeting Agenda 7/20/2021 2:00 PM Resolution to Call for an election on November 2, 2021 Department:Finance / Administration Department:Finance / Administration Caption:Motion to approve resolution calling for an election on November 2, 2021 for the determination by the voters whether Augusta should issue up to $240,000,000 in general obligation bonds for the New James Brown Arena Project.(Approved by Finance Committee July 14, 2021) Background:The Coliseum Authority has begun the design of and planning for a new James Brown Arena and renovations to the Bell Auditorium (collectively the New James Brown Arena Project). In March, 2021 voters approved the $25,000,000 in SPLOST proceeds for the project. If the voters approve the issuance of the bonds, this will provide the balance of the funding for the project. The authorization is for up to $240,000,000 which will include any necessary capitalized interest. As the plans for the Project are refined it is anticipated the cost of the Project will be reduced and a smaller amount of bonds will be issued. Further, the Coliseum Authority is attempting to find other sources of funds for the Project. If available, these funding sources would either reduce the amount of bonds that are issued or be used to pay debt service on the bonds. Normal 0 false false false EN- US X-NONE X-NONE /* 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; text- align:justify; mso-pagination:widow-orphan; font-size:12.0pt; mso-bidi-font-size:11.0pt; font-family:"Times New Roman",serif;} Analysis:The resolution authorizes the calling of November 2, 2021 election Financial Impact: Cover Memo This would be a separate tax levy and would not impact the general fund. Alternatives:Not proceed with the Project. Recommendation:Approve resolution Funds are Available in the Following Accounts: none required at this time REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo A REFERENDUM RESOLUTION TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION AND TO CALL AN ELECTION TO DETERMINE THE ISSUANCE OR NON-ISSUANCE BY AUGUSTA, GEORGIA OF GENERAL OBLIGATION NEW JAMES BROWN ARENA PROJECT BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $240,000,000; TO PROVIDE FOR THE DATE, RATE OR RATES OF INTEREST, AND SCHEDULE OF MATURITIES THAT SUCH BONDS SHALL BEAR AND THAT THE BONDS MAY BE MADE SUBJECT TO REDEMPTION PRIOR TO MATURITY TO THE EXTENT PERMITTED BY LAW; TO PROVIDE FOR THE LEVY AND COLLECTION OF TAXES TO SERVICE SUCH BONDED INDEBTEDNESS, IF SO AUTHORIZED; TO PROVIDE THAT THE BONDS AUTHORIZED MAY BE ISSUED IN ONE OR MORE SERIES AND ON ONE OR MORE DATES OF ISSUANCE AND WITH ANY SERIES DESIGNATION; AND FOR OTHER PURPOSES: WHEREAS, the Augusta-Richmond County Commission (the “Commission”) is the governing authority of Augusta, Georgia (the “Consolidated Government”), a political subdivision and a consolidated city-county government created and existing under the laws of the State of Georgia, and is charged with the duties of levying taxes, contracting debts, and managing the affairs of Augusta; and WHEREAS, Augusta-Richmond County Coliseum Authority (the “Authority”) currently operates on behalf of the Consolidated Government an existing multi-use coliseum and civic center type facility, consisting of the James Brown Arena, the William B. Bell Auditorium, exhibition space, meeting rooms, and other facilities (collectively the “Existing Coliseum”), located in the territorial limits of the Consolidated Government; and WHEREAS, the Commission deems it to be in the best interest of the Consolidated Government to improve public services in the territorial limits of the Consolidated Government by providing for replacement or renovated facilities for all or part of the Existing Coliseum by acquiring, constructing, reconstructing, renovating, repairing, improving, and installing multi-use coliseum and civic center type facilities (including a replacement James Brown Arena and a renovated William B. Bell Auditorium) and other facilities, equipment, and property, both real and personal, useful or desirable in connection therewith, to be owned or operated or both by the Consolidated Government or by the Authority (collectively the “New James Brown Arena Project”), all at an estimated cost of approximately $240,000,000; and WHEREAS, it appears to the Commission that the most feasible plan for providing funds to pay or be applied toward the cost of acquiring, constructing, reconstructing, renovating, repairing, improving, and installing the New James Brown Arena Project, to pay capitalized interest incident thereto, and to pay expenses incident to accomplishing the foregoing, requires the issuance and sale of Augusta, Georgia General Obligation New James Brown Arena Project Bonds, in the aggregate principal amount of $240,000,000, pursuant to the Constitution and laws of the State of Georgia; and WHEREAS, under the Constitution and laws of the State of Georgia, it is necessary to submit to the qualified voters of Richmond County the question of whether or not $240,000,000 in aggregate principal amount of bonds should be authorized to be issued by the Consolidated -2- Government for such purposes, which bonds, if authorized, shall be dated, shall bear interest from date at such rate or rates, not exceeding a maximum per annum rate, and shall mature as to principal, as hereinafter more fully set forth, and may be made subject to redemption prior to maturity, to the extent permitted by law, upon terms and conditions to be determined by the Commission. NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, and it is hereby resolved by authority of the same, as follows: Section 1. There is hereby authorized to be called and there is hereby called an election to be held in all the precincts in Richmond County, on the 2nd day of November 2021, for the purpose of submitting to the qualified voters of Richmond County for their determination the question of whether or not $240,000,000 in aggregate principal amount of Augusta, Georgia General Obligation New James Brown Arena Project Bonds should be authorized to be issued by the Consolidated Government for the purpose of providing funds to pay or be applied toward the cost of acquiring, constructing, reconstructing, renovating, repairing, improving, and installing the New James Brown Arena Project; to pay capitalized interest incident thereto; and to pay expenses incident to accomplishing the foregoing. Such bonds, if so authorized, shall be dated as of the first day of the month of delivery or such other date(s) as the Commission may approve, shall be in such denomination or denominations as the Commission may approve, and shall bear interest from date at such rate or rates as the Commission may approve but not exceeding five percent (5.00%) per annum in any year. All interest shall be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2022, and the principal shall mature (by scheduled maturity or by mandatory redemption, as the Commission may approve) on October 1 in the years and amounts as follows: Year Amount Year Amount 2024 $4,110,000 2038 $ 8,135,000 2025 4,315,000 2039 8,545,000 2026 4,530,000 2040 8,970,000 2027 4,755,000 2041 9,420,000 2028 4,995,000 2042 9,890,000 2029 5,245,000 2043 10,385,000 2030 5,505,000 2044 10,905,000 2031 5,780,000 2045 11,450,000 2032 6,070,000 2046 12,020,000 2033 6,375,000 2047 12,620,000 2034 6,695,000 2048 13,255,000 2035 7,030,000 2049 13,915,000 2036 7,380,000 2050 14,610,000 2037 7,750,000 2051 15,345,000 Section 2. The ballot to be used in the election shall have printed thereon in brief form the question to be determined by the voters, to-wit: -3- “Shall $240,000,000 in aggregate principal amount of Augusta, Georgia General Obligation New James Brown Arena Project Bonds be authorized to be issued?” The ballot shall have printed thereon the word “YES” and the word “NO” in order that each voter may vote in either the affirmative or the negative as to the question propounded. The polls in each of the precincts within Richmond County shall be opened at 7:00 a.m. and closed at 7:00 p.m. on the day fixed for the election, and the election shall be held at the regular and established places for holding elections in Richmond County. The election shall be held in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. Section 3. The Clerk of Commission of Augusta is hereby ordered and directed forthwith to furnish the Superintendent of Elections of Richmond County with a duly certified copy of this resolution in order that the Superintendent of Elections may take such action in the premises as provided by law. Section 4. Any brochures, listings, or other advertisements issued by the Commission or by any other person, firm, corporation, or association with the knowledge and consent of the Commission shall be deemed to be a statement of intention of the Commission concerning the use of the bond funds or interest received from such bond funds that have been invested. Section 5. The following notice shall be incorporated into the call of the election by the Superintendent of Elections: -4- NOTICE OF BOND ELECTION TO THE QUALIFIED VOTERS OF RICHMOND COUNTY YOU ARE HEREBY NOTIFIED that on the 2nd day of November 2021, an election will be held all of the precincts of Richmond County. At the election there will be submitted to the qualified voters of Richmond County for their determination the question of whether or not $240,000,000 in aggregate principal amount of Augusta, Georgia General Obligation New James Brown Arena Project Bonds should be issued by Augusta, Georgia (the “Consolidated Government”) for the purpose of providing funds to pay or be applied toward the cost of acquiring, constructing, reconstructing, renovating, repairing, improving, and installing multi-use coliseum and civic center type facilities (including a replacement James Brown Arena and a renovated William B. Bell Auditorium) and other facilities, equipment, and property, both real and personal, useful or desirable in connection therewith, to be owned or operated or both by the Consolidated Government or by the Augusta-Richmond County Coliseum Authority; to pay capitalized interest incident thereto; and to pay expenses incident to accomplishing the foregoing. Such bonds, if so authorized, shall be dated as of the first day of the month of delivery or such other date(s) as the Augusta-Richmond County Commission (the “Commission”) may approve, shall be in such denomination or denominations as the Commission may approve, shall bear interest from date at such rate or rates as the Commission may approve but not exceeding five percent (5.00%) per annum in any year, and shall provide for interest to be payable semiannually on April 1 and October 1 in each year, beginning April 1, 2022, and for principal to mature (by scheduled maturity or by mandatory redemption, as the Commission may approve) on October 1 in the years and amounts as follows: Year Amount Year Amount 2024 $4,110,000 2038 $ 8,135,000 2025 4,315,000 2039 8,545,000 2026 4,530,000 2040 8,970,000 2027 4,755,000 2041 9,420,000 2028 4,995,000 2042 9,890,000 2029 5,245,000 2043 10,385,000 2030 5,505,000 2044 10,905,000 2031 5,780,000 2045 11,450,000 2032 6,070,000 2046 12,020,000 2033 6,375,000 2047 12,620,000 2034 6,695,000 2048 13,255,000 2035 7,030,000 2049 13,915,000 2036 7,380,000 2050 14,610,000 2037 7,750,000 2051 15,345,000 The Commission may, prior to the sale of any of the bonds authorized by the voters at the election, incorporate provisions in any or all of the bonds so authorized that would permit the Consolidated Government to redeem the bonds prior to their stated maturities, to the extent permitted by law, upon terms and conditions to be determined by the Commission. Any or all of -5- the bonds authorized by the voters at the election may be issued in one or more series and on one or more dates of issuance and with any series designation as the Commission may approve. Voters desiring to vote for the issuance of such bonds shall do so by voting “YES” and voters desiring to vote against the issuance of such bonds shall do so by voting “NO”, as to the question propounded, to-wit: “Shall $240,000,000 in aggregate principal amount of Augusta, Georgia General Obligation New James Brown Arena Project Bonds be authorized to be issued?” The several places for holding the election shall be in the regular and established precincts of Richmond County, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election. Those qualified to vote at the election shall be determined in all respects in accordance and in conformity with the Constitution and laws of the United States of America and of the State of Georgia. The last day to register to vote in this special election is October 4, 2021. Any brochures, listings, or other advertisements issued by the Commission or by any other person, firm, corporation, or association with the knowledge and consent of the Commission shall be deemed to be a statement of intention of the Commission concerning the use of the bond funds or interest received from such bond funds that have been invested. This notice is given pursuant to joint action of the Augusta-Richmond County Commission and the Superintendent of Elections of Richmond County. AUGUSTA, GEORGIA By: Mayor RICHMOND COUNTY BOARD OF ELECTIONS By: Chair -6- Section 6. Should the bonds be authorized by the requisite number of qualified voters, the Commission shall, prior to the issuance of any such bonds, levy an ad valorem tax upon all the property subject to taxation for general obligation bond purposes, within the territorial limits of the Consolidated Government, sufficient in amount to pay the principal of and the interest on such bonds at their respective maturities. Section 7. The Commission may, prior to the sale of any of the bonds authorized by the voters at the election, incorporate provisions in any or all of the bonds so authorized that would permit the Consolidated Government to redeem the bonds prior to their stated maturities, to the extent permitted by law, upon terms and conditions to be determined by the Commission. No such redemption provisions shall, however, increase the amount of, or accelerate the time for collection of, any annual tax levy required to be made for payment of the bonds as specified in Section 6 above. Section 8. The Commission declares its intent to use proceeds of the bonds authorized by the voters at the election to reimburse either or both the Consolidated Government’s General Fund and the Authority for moneys used to pay expenditures related to the New James Brown Arena Project. Section 9. Any or all of the bonds authorized by the voters at the election may be issued in one or more series and on one or more dates of issuance and with any series designation as the Commission may approve. The aggregate principal amount of such bond issue, whether issued in one series or in more than one series, shall not exceed the principal amount authorized by the voters, and the other terms and conditions of each series of such issue shall conform to those set forth in this resolution. Section 10. Any and all resolutions in conflict with this resolution this day passed be and they are hereby repealed. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 20th day of July 2021. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission 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 referendum 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 20th day of July 2021, in connection with calling an election pertaining to the issuance or non-issuance of Augusta, Georgia General Obligation New James Brown Arena Project Bonds, the original of such referendum 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 R. Scott John Clarke and that the following members were absent: and that such referendum resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the 20th day of July 2021. (SEAL) Clerk of Commission Commission Meeting Agenda 7/20/2021 2:00 PM Augusta Canal – Seepage Repair at Rock Creek Outfall – Construction Change Order Department:Utilities Department:Utilities Caption:Motion to approve a change order in the amount of $161,806.20 to Blair Construction, Inc. for the additional construction services needed on the Augusta Canal – Seepage Repair at Rock Creek Outfall Project. (Approved by Engineering Services Committee July 14, 2021) Background:This Project was developed to repair the Augusta Canal embankment near the Rock Creek Outfall to prevent further seepage and to stabilize the embankment slope. The original construction contract to Blair Construction was approved by the Commission on October 29, 2015 for the amount of $74,560.80. Analysis:Although the construction was originally approved by the Commission and awarded in 2015, due to canal access conflicts from the critical stages of another AUD project (i.e. Goodrich Raw Water Pump Station Expansion) this project could not begin until January 2019. Due to this delay, additional Federal Energy Regulatory Commission (FERC) construction requirements had to be met, altering the original project design. During construction, additional leakages were found in the areas adjacent to the original project site that required extended repair efforts. This change order request for $161,806.20 reflects the additional materials needed as well as their installation. AUD has reviewed Blair Construction's additional construction services invoice and finds it to be fair and reasonable. Financial Impact:Funding in the amount of $161,806.20 is available from accounts: G/L 507043410-5425110 J/L 80320115-5425110 Alternatives:No alternatives are recommended. Recommendation: Cover Memo AUD recommends that these additional Construction services with Blair Construction Co. be approved. Funds are Available in the Following Accounts: Funding is available in the following accounts: G/L 507043410- 5425110 J/L 80320115-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item Description Estimated Quantity Units Unit Price Contract Total Quantity Amount Quantity Amount Quantity Amount 1 Clearing and Grubbing, including Removal of Root Ball Where Required 1 LS $ 14,400.00 $ 14,400.00 1 $14,400.00 1 $14,400.00 2 Excavation to Chase Leak and Removal of Material 500 CY $ 19.20 $ 9,600.00 235 $4,512.00 235 $4,512.00 3 Earth fill, Compacted in Place to Fill Excavation in Item 2 Above 500 CY $ 25.20 $ 12,600.00 235 $5,922.00 235 $5,922.00 4 Earth Fill Compacted In Place on Slope (300 CY Est.) 1 LS $ 17,400.00 $ 17,400.00 1.52 $26,448.00 1.52 $26,448.00 5 Grass Matting Blanket, Including Grass Seed 380 SY $ 6.00 $ 2,280.00 380 $2,280.00 380 $2,280.00 6 Grassing of Distrubed Areas Not Receiving Matting 1 LS $ 1,800.00 $ 1,800.00 1 $1,800.00 1 $1,800.00 7 Construction Exits 1 EA $ 2,160.00 $ 2,160.00 1 $2,160.00 1 $2,160.00 8 Silt Fence, Type C, Installed and Removed After Construction 446LF $ 4.80 $ 2,140.80 550 $2,640.00 550 $2,640.00 9 Lump Sum Construction 1 LS $ 12,180.00 $ 12,180.00 1 $12,180.00 1 $12,180.00 Protect Existing Concrete Drive at RWPS 1 LS $ 2,000.00 1 $2,000.00 $2,000.00 Additional Clearing 1 LS $ 4,400.00 1 $4,400.00 $4,400.00 Excavate Along Route of New Leak 1 LS $ 6,225.00 1 $6,225.00 $6,225.00 6" Solid PVC Discharge Pipe (Section A-A) 1 LS $ 32,000.00 1 $32,000.00 $32,000.00 6" Solid PVC Discharge Pipe (Section B-B) 1 LS $ 16,000.00 1 $16,000.00 $16,000.00 100' Long Toe Drain with 8" Discharge Pipe 1LS $ 24,000.00 1 $24,000.00 $24,000.00 Additionial 30' Long Toe Drain 1LS $ 8,200.00 1 $8,200.00 $8,200.00 Grassing of Additional Distrbed Areas 1LS $ 8,500.00 1 $8,500.00 $8,500.00 Flowable Fill and Concrete Wall 1LS $ 23,000.00 1 $23,000.00 $23,000.00 Place and Remove Sand Bag Filter 1LS $ 5,000.00 1 $5,000.00 $5,000.00 Grade for Sampling Existing Toe Drains 1LS $ 6,500.00 1 $6,500.00 $6,500.00 Construct Ramp or Steps to Sample Point 1LS $ 4,500.00 1 $4,500.00 $4,500.00 Install Manhole with Weir and Hatch 2EA $ 3,500.00 2 $7,000.00 $7,000.00 Excavate Trench and Install #57 stone 1LS $ 3,800.00 1 $3,800.00 $3,800.00 Install Cleanouts Below Grade w/ Concrete Markers 6EA $ 1,000.00 6 $6,000.00 $6,000.00 6" / 8" PVC Discharge 1LS $ 1,600.00 1 $1,600.00 $1,600.00 Regarade Ditch Along Levee Near Good Rich 1LS $ 4,500.00 1 $4,500.00 $4,500.00 GABC at RWPS 2 Load $ 400.00 2 $800.00 $800.00 74,560.80$ $72,342.00 $164,025.00 $236,367.00 74,560.80$ 236,367.00$ 161,806.20$ Original Project Scope Amount Earned to Date Change Order items Total to Date Original Purchase Order (P268024) Augusta Canal Bank Seepage Repair @ Rock Creek Outfall Additional Construction Services ‐ Calculation Sheet Total Amount Earned to Date PO Amendment Amount Requested Change Order Items Commission Meeting Agenda 7/20/2021 2:00 PM Award Bid Item 21-163 Seal and Coat the Highland Tank Farm Room Concrete Floor to Industrial Repair Inc. at a total cost of $73,700.00. Department:Utilities Department:Utilities Caption:Motion to approve award of Bid Item 21-163 Seal and Coat the Highland Tank Farm Room Concrete Floor to Industrial Repair Inc. at a total cost of $73,700.00. (Approved by Engineering Services Committee July 14, 2021) Background:The Highland Avenue Water Treatment Plant has an area designated for the storage and handling of water treatment disinfectant chemicals. This project is to provide an improved surface to the floor in this area to prevent the deterioration of the floor over time. The coating to be applied is designed for use in the chemical environment. The Utilities department worked with the Procurement Department to solicit bids for providing materials and installation of an appropriate floor coating system for this application. One proposal was received from a well- qualified vendor at a cost that is within our budget. Analysis:A review of the bid from Industrial Repair Inc. indicates that it is complete and meets the requirements for the work. This company has done previous work of this nature at this facility with excellent results. Financial Impact:Project Bid cost is $73,700.00 and funding is available in our departmental budget for this purpose. Alternatives:None recommended Recommendation:We recommend awarding Bid Item 21-163 to Industrial Repair, Inc. at a cost of $73,700.00. Funds are Available in the 506043520-5413120 Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Tuesday, May 25, 2021 @ 11:00 a.m. via ZOOM Meeting ID: 950 2580 2859 Passcode: 631818 or furnishing for: Bid Item #21-163 Highland Tank Room Floor for Augusta GA – Utilities 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 viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). A Pre-Bid Conference will be held on Monday, May 10, 2021 @ 10:00 a.m. via ZOOM – ID: Meeting ID: 951 3092 7273 Passcode: 476155. 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, May 11, 2021 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. 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, 2021 OFFICIAL BID Item #21-163 Seal and Coat the Highland Tank Farm Room Concrete Floor for Augusta, GA Utilities Department Bid Date: Tuesday, May 25, 2021 @ 11:00 a.m. Vendors Industrial Repair Inc. 3130 Tanners Mill Rd. Gainesville, GA 30507 Attachment B Yes E-Verify Number 462199 SAVE Form Yes Addendum 1 Yes Labor Price $54,900.00 Materials Price $18,800.00 Total Labor and Material Price $73,700.00 Total Number Specifications Mailed Out: 25 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 41 Georgia Procuement Registry: 770 Total Packages Submitted: 1 Total Noncompliant: 0 Page 1 of 1 UTILITIES DEPARTMENT MEMORANDUM TO: FROM: Geri Sams, Director -Procurement Darrell White, Deputy Director -Procurement Nancy Williams --Quality Assurance Analyst Tywanna Scott -Bid Management Assistant Wes Byne, Director -Utilities Department Allen Saxon, Assistant Director, AUD-Facilities Operations Wes Byne, P.E. Director SUBJECT: Seal and Coat the Highland Tank Farm Room Concrete Floor (Bid Item #21-163) Recommendation of Award DATE: June 01, 2021 It is our recommendation that Bid No. 21-163 Seal and Coat the Highland Tank Farm Room Concrete Floor be awarded to Industrial Repair Inc., the only compliant vendor that submitted a bid. The price indicated in the attached quote met the budget for this job for both labor and materials. Thank you for your assistance regarding this request. CC: Steve Orton, Facilities and Maintenance Superintendent Tess Thompson, Manager-AUD Finance Augusta Utilities Administration 452 Walker Street -Suite 200 -Augusta, GA 3090 I (706)312-4154 -Fax (706) 312-4123WWW.AUGUSTAGA.GOV OFFICIAL C, Lr .. _,,£;_ BID Item #21-163 Seal and Coat the Highland Tank Farm Room G .,. 0 R. G I a\ Concrete Floor for Augusta, GA Utilities Department Bid Date: Tuesday, May 25, 2021 @ 11 :00 a.m. Total Number Specifications Malled Out: 25 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 41 Georgia Procuement Registry: 770 Total Packages Submitted: 1 Total Noncompllant: o Industrial Repair Inc. Vendors 3130 Tanners MIii Rd. Gainesville, GA 30507 Attachment B Yes E-Verify Number 462199 SAVE Form Yes Addendum 1 Yes Labor Price $54,900.00 Materials Price $18,800.00 Total Labor and Material Price $73,700.00 Page 1 of 1 Commission Meeting Agenda 7/20/2021 2:00 PM Award Utilities Water Meter Bid to Various Vendors Department:Utilities - Wes Byne, Director Department:Utilities - Wes Byne, Director Caption:Motion to approve awarding of Utilities Bid #20-218 to Approved Bidders. (Approved by Engineering Services Committee July 14, 2021) Background:The 2020 bid for meters was advertised and there were five qualified respondents. AUD has reviewed all respondents and recommended award based on all available information. Analysis:AUD recommended specifications in its bid to provide for the best meters to serve our customers and maximize revenue while also keeping the price as reasonable as possible. There were lower bids on some meters resulting in minor cost savings. However, when comparing the risk from the first-time compliant bid on an integral part of the revenue process, AUD recommends Badger Meter for all 2” and below Positive Displacement meters and awarding Bid #20-218 as noted on the attached schedule, with preferred bidder status given to Badger Meters in the noted categories. Financial Impact:AUD analyzed all the items on the bid sheet and feels this is the most cost effective recommendation for AUD and our customers considering meter cost, durability, ease of maintenance and customer service. Alternatives:None recommended Recommendation:Approve Awarding of Bid #20-218 to the vendors noted on the attached schedule. Funds are Available in the 506043210-5315111 Cover Memo Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Tuesday, October 27, 2020 @ 11:00 a.m. via ZOOM Meeting ID: 980 5768 6996 Password: 894381 for furnishing for: Bid Item #20-218 Water Meters – Augusta, GA – Utilities 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 viewed on the Augusta, Georgia web site under the Procurement Department ARC bid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, October 9, 2020 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 17, 24, October 1, 8, 2020 Metro Courier September 17, 2020 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 Yes Yes Yes Yes Yes Yes Yes No Bus License Non-Compliant 142953 694459 633584 No Non-Compliant 1203949 1205487 584925 1219073 Yes Yes Yes Yes Incomplete Non-Compliant Yes Yes Yes Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 1.1 5/8"x3/4" PD Meter with Absolute Encoder Register and 5’ Itron Cable Connect 3000 $80.25 NB NB $89.00 $106.00 $89.00 $79.75 $140.00 1.2 1" PD Meter with Absolute Encoder Register and 5’ Itron Cable Connect 20 $165.00 NB NB $127.80 $237.00 $147.00 $126.93 $220.00 1.3 1-1/2" PD Meter with Absolute Encoder Register and 25’ Itron Cable Connect 300 $300.00 NB NB $938.50 $473.00 $324.00 $287.88 NB 1.4 2" PD Meter with Absolute Encoder Register and 25’ Itron Cable Connect 20 $365.00 NB NB $1,260.00 $630.00 $350.00 $365.31 NB Lot 1 - Positive Displacement Meters with Absolute Encoder Registers Bid Opening Bid Item #20-218 Water Meters for Augusta, Georgia - Utilities Department Bid Due: Tuesday, October 27, 2020 @ 11:00 a.m. SAVE Form Total Number Specifications Mailed Out: 21 Total Number of Specifications DownloaNBd (Demandstar): 7 Total Electronic Notifications (Demandstar): 43 Georgia Registry: 69 Total packages submitted: 8 Total Noncompliant: 3 VENDORS Attachment B E-Verify Number Page 1 of 7 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 VENDORS Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2A.1 1-1/2" Turbine, Mag or Ultra-Sonic Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 20 Turbo $625.00 NB NB NB NB $550.00 NB $700.00 Mag NB $1,662.00 NB NB NB NB NB NB Ultra $450.00 NB NB $877.00 FLG KIT $59.75 $473.00 NB $176.67 NB 2A.2 2" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, , Strainer & Companion Flanges 20 Turbo $710.00 NB NB NB NB $695.00 NB $825.00 Mag NB $1,740.00 NB NB NB NB NB NB Ultra $550.00 NB NB $989.00 FLG KIT $66.75 $630.00 NB $660.62 NB Lot 2A – Turbine , Magnetic Flow or Ultra-Sonic Meters with Absolute Encoder Registers, and Strainer (if required) Page 2 of 7 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 VENDORS 2A.3 3" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, , Strainer & Companion Flanges 20 Turbo $975.00 NB NB NB NB $1,059.00 NB $1,025.00 Mag NB $2,538.00 NB NB NB NB NB NB Ultra $1,050.00 NB NB $1,140.00 FLG KIT $11.30 $1,000.00 NB $697.75 NB 2A.4 4" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector Strainer & Companion Flanges 10 Turbo $1,055.00 NB NB NB NB $1,295.00 NB $1,975.00 Mag NB $2,870.00 NB NB NB NB NB NB Ultra $1,275.00 NB NB $1,418.00 FLG KIT $16.70 $1,625.00 NB $756.53 NB 2A.5 6" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, , Strainer & Companion Flanges 5 Turbo $3,250.00 NB NB NB NB $2,942.00 NB $3,500.00 Mag NB $4,623.00 NB NB $3,722.00 NB NB NB Page 3 of 7 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 VENDORS Ultra NB NB NB $3,050.00 FLG KIT $22.80 NB NB $896.75 NB Page 4 of 7 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 VENDORS 2A.6 8 Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, , Strainer & Companion Flanges 5 Turbo $4,400.00 NB NB NB NB NB NB $5,925.00 Mag NB $7,162.00 NB NB $4,395.00 $6,832.00 NB NB Ultra NB NB NB $3,845.00 FLG KIT $25.90 NB NB $1,011.05 NB 2A.7 10" Turbine, Mag or Ultra- Sonic Meter with 25' Itron Cable Connector, , Strainer & Companion Flanges 5 Turbo $6,900.00 NB NB NB NB NB NB $7,700.00 Mag NB $10,050.00 NB NB $4,732.00 $8,145.00 NB NB Ultra NB NB NB $6,400.00 FLG KIT $55.40 NB NB $1,257.53 NB Page 5 of 7 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 VENDORS Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2B.1 6" Fire Service Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 1 $7,500.00 $5,752.00 NB $3,050.00 FLG KIT $22.80 NB $3,600.00 NB $7,400.00 2B.2 8" Fire Service Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 1 $9,000.00 $9,208.00 NB $3,845.00 FLG KIT $25.90 NB $5,700.00 NB $11,000.00 2B.3 10" Fire Service Meter with 25' Itron Cable Connector, Strainer & Companion Flanges 1 $13,000.00 NB NB $6,400.00 FLG KIT $55.40 NB $7,800.00 NB $15,750.00 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 2C.1 3" Manual Read Fire Hydrant Meter with Aluminum Body, 2" Gate Valve, and Hydrant Connections 5 $995.00 $1,007.00 NB $925.00 NB NB $561.69 $1,525.00 Line Item Description Estimated Quantity Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price 3.1 Required Quantity of Itron Riva Pit Water Endpoints 2000 NB NB $66.16 NB NB NB NB NB 3.2 Required Quantity of Itron 100W Pit Water Endpoints 50 NB NB $60.16 NB NB NB NB NB 3.3 Required Quantity of Itron 100WP Pit Water Endpoints 300 NB NB $60.16 NB NB NB NB NB Lot 3 – Itron Endpoints Lot 2B - Fire Service Meters (any FM approved meter) with Absolute Encoder Registers and Strainer (if recommended by manufacturer) Lot 2C - 3" Aluminum Bodied Fire Hydrant Meter with 2" Gate Valve and Fire Hydrant Connections Page 6 of 7 OFFICIAL Badger Meter 4545 West Brown Deer Road Milwaukee, WI 53223 Avanti Company 22 S Lake Ave. Avon Park, FL 33825 Itron 2111 N Molter Rd Liberty Lake, WA 99019 Consolidated Pipe & Supply 10887 Old Atlanta Hwy Convington, GA 30014 Fortiline Waterworks 7025 Northwinds Dr. NW Concord, NC 28027 Ferguson Enterprie 4188 Belair Frontage Rd. Augusta, GA 30909 Zenner USA 15280 Addison Rd, Ste 240 Addison, TX 75001 Core & Main LP 3620 Milledgeville Rd. Augusta, GA 30909 VENDORS Line Item Description Estimated Quantity Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price Net Discount/Price 4.1 Percentage Discount off of Most Current Published List Prices for Parts n/a NB 0% NB NB NB 20% 40% NB 4.2 Absolute Encoder Register with Itron connector for Retrofit - Positive Displacement Meters n/a 4.2A - $72.76 4.2B - $83.76 NB NB NB NB NB 40% $80.00 4.3 Absolute Encoder Register with Itron connector for Retrofit – Turbine, Mag or Ultrasonic Meters n/a $99.25 $0.00 NB $195.00 NB NB 40% $375.00 4.4 Absolute Encoder Register with Itron connector for Retrofit - Compound Meters n/a $196.50 NB NB $195.00 NB NB 40% NB 4.5 Absolute Encoder Register with Itron connector for Retrofit – Fire Service (FM Approved) Meters n/a $196.50 $0.00 NB $195.00 NB NB NB $375.00 YES YES YES YES YES Lot 4 - Percentage Discount off of Most Current Published List Prices for Parts and Retrofit Register Exceptions Page 7 of 7 Commission Meeting Agenda 7/20/2021 2:00 PM Brookstone at Rae's Creek Deed of Dedication Department:Utilities Department:Utilities Caption:Motion to approve the Deed of Dedication for Brookstone at Rae's Creek. (Approved by Engineering Services Committee July 14, 2021) Background:Around 2010-2012 a development was started off Amli Way. The project went bankrupt and was purchased by Terranova Development Corp. Inadvertently, no Deed of Dedication was completed. Analysis:Terranova is still constructing town homes. The utilities, in the original sections, need to be dedicated, because Terranova's other projects are connecting into them. The water and sanitary sewer were inspected and passed. Acceptance of this deed shall dedicate, as required, the water and sanitary sewer mains, along with the applicable easements, to Augusta, for operation and maintenance. Financial Impact:All costs and repairs will be borne by Augusta. Revenue will be generated by the sale of water and sanitary sewer taps and the monthly billings. Alternatives:Do not approve the Deed of Dedication for Brookstone at Rae's Creek. Recommendation:Approve the Deed of Dedication for Brookstone at Rae's Creek. Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Bussey Road Paving and Other Drainage Matters Update Department:Engineering Department:Engineering Caption:Motion to receive update regarding Bussey Road Paving and other Drainage Matters. Also Authorize Analysis Section Recommended Actions. Requested by AED. (Approved by Engineering Services Committee July 14, 2021) Background:Augusta Commission Engineering Services Committee on 11/27/2018 discussed paving of Bussey road at the request of one of the residents, however, action was tabled until after road drainage conveyance assessment is completed and findings are evaluated. Augusta Engineering Department (AED) verified ownership of Bussey Road and also made contact with impacted property owners to determine whether property owners are agreeing to donate needed right-of-way (ROW) as required by Augusta Commission Dirt Road Paving Policy. AED determination was that the road is Private and majority of adjacent property owners will not donate needed ROW. On August 18, 2020, Augusta Commission authorized funding for completing design feasibility study evaluating the impacts to the private properties by running a preliminary design profile and cross-sections of the proposed road improvements. This task order is complete (see Exhibit A). Engineer’s construction estimate of probable cost is around $600K. However, majority of property owners still are not willing to donate needed ROW. In addition to Bussey Road, there are other drainage related matters that AED is addressing and listed below. All these are primarily related to drainage impact on private properties. i) 1918 Colony Park Road / Graced Kennels (access driveway reconstruction) ii) 210 King Chapel Road (rear lot ponding & drainage) iii) 3945 Carolyn Street (riprap ditch outfall/piping) iv) 3010 Meadowbrook Drive (drainage ditch improvements) v ) Fountain Head Condominium (Drainage & Flooding) vi) 115 Avondale Drive (Drainage & Flooding) Cover Memo Analysis:AED is making the following recommendations and accordingly seeking Augusta Commission approval and authorization. i) Bussey Road Paving Recommendation: Property owners denied ROW donation request. Close the Project and incorporate it to Forest Hills Drainage Basin Improvements project. ii) 1918 Colony Park Road / Graced Kennels (access driveway reconstruction)- Recommendation: Substantially completed; cost around $377K. iii) 210 King Chapel Road (rear lot ponding & drainage) Recommendation: under construction; cost around $161K. iv) 3945 Carolyn Street (riprap ditch outfall/piping) Recommendation: completed; cost around $88K v) 3010 Meadowbrook Drive (drainage ditch improvements) Recommendation: Property owner denied easement request. TABLE the Project. vi) Fountain Head Condominium (Drainage & Flooding) Recommendation: AED determined periodic flooding is due to onsite conditions. Close the Request with No Further Action by AED. vii) 115 Avondale Drive (Drainage & Flooding) Recommendation: Continue drainage easements acquisition. Authorize condemnation if need arises. In addition, AED is recommending that Augusta Commission may consider cost-benefit analysis prior to directing AED to mitigate impacts in type similar to aforementioned impacts. Financial Impact:N/A Alternatives:N/A Recommendation:Receive update regarding Bussey Road Paving and other Drainage Matters. Also Authorized Analysis Section Recommended Actions. Requested by AED. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo R E Q D . 5 0 ' R / W R E Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W 33-3 038-03 33-3 038-02 33-3 038-01 33-3 196 33-3 036 33-3 035 034 33-3 033 33-3 197 33-1 050 33-3 032 33-3 031 33-3 030 33-1 049 33-3 198-01 3021 CHURCH RD 3025 CHURCH RD 3023 CHURCH RD 3032 BUSSEY RD 814 CARRIAGE CT 3036 BUSSEY RD 3040 BUSSEY RD 3042 BUSSEY RD 811 CARRIAGE CT 807 CARRIAGE CT 3050 WALTON WAY 3102 BUSSEY RD 3104 BUSSEY RD 3106 BUSSEY RD 3056 WALTON WAY CHURC H R D . HIDDEN HAVEN CT . EN D S T . 33-3 BU S S E Y R D . ( N O E X I S T . R / W ) RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W IN E Z S T . 2 4 ' E X I S T . R / W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W CHURCH RD. EXIST. R/W VARIES REQD. 50' R/W RE Q D . 5 0 ' R / W RE Q D . 5 0 ' R / W EX I S T . R / W EX I S T . R / W EXIST. R/W EXIST. R/W Sheet: 1.0 RI G H T O F W A Y A N D E A S E M E N T P L A N A l f r e d B e n e s c h & C o m p a n y 10 0 5 B r o a d S t r e e t , S u i t e 2 0 0 A u g u s t a , G A 3 0 9 0 1 P 7 0 6 . 7 2 2 . 4 1 1 4 ww w . b e n e s c h . c o m BU S S E Y R O A D RO A D W A Y IM P R O V E M E N T S Honorable Larry E. Sccnyers, Mayor Honorable J. B. Powell, Chairman and Mesrbers of Engineering Services C omrnitree llr. Charles R Oliver, Aciministraror Page Two No<t the subcommiaee establisheC a method for prioritizing the roads into rnanageable groups to be-sin the paving projecr. The formar establish is as follows: 1- A preri*ermined dollar.tmount would be established annually for conract lertiug based on avaiiable resources. 2. Each disric would piacs a minimum of ooe road on rhe contract lening each year assuoing that rhe prorareC firnds would cover the cost of rhe road selected. 3. Fr.rnds would be prcrated to each distric baseC on a percefi€e oiroral roads b.v tea$h and/pr cost iui ide"rriieC in che manual. 4. Rigin-of-Way on road,s to be pavei woulci be a ininimum of 50 feet. In cases where lg55 thnn 50 feer or no deedei right-of-'*rav exists, the acijacsn propery owner wiil be e:{eecid to donate ihe rigirt-ot:way. 5. IIS adciirional dirt roai wiil be acce reC into the ccunr.v road systerr. A*\AIYSIS: The Subccmminees eEons have groCuceC au organizC and logical me'Jrod of selcing aaci prioridzing curciidare din road,s to be pavd. FDI-.{-NCI{I [}IP.{CT: Pre'rious cosumeil shave inciicateC rhar apgroximarely 55,300,000.00 is avaiiabie .'or ihis program. It shoulci be aotei ihar a ponion oirhe opentional flrnds ior Fublic Works is inciuciec in rhar rotal . This neeCs to be considereC when establishine an annual ccntrac! amount- .{,LTERYATfIES: The recomrnend,arions cculd be re!;rnei io rhe Subcommicee if dre Comrnission does nor aporove. RECOIvII\TE]{DATION: Toe Subcommine: offers the above lisreC informadon for corEloerauo& ./ ADMTUSTR{TOR. Cg.O.CC;--zv1-) F-tJ-ilfDS .{..ELE AV.{IL{BLE EY TEE FOLLOWBIG .{CCO[JI[TS: E'RIAIiCE: I T I I I I I I I I I I I I I I I I,l COIVT.}trTTTE ACTION: tlI I I T t T I?" I T T I I I l t t PAVII{GVARIOUS ROAI) PHASE VI thru PHASE \rIII Prepared by pubric,#.l:'n-fr'"tffl1,ilH.?..,,,.", August 28,2000 Paving Various Road - phase Vt f,oad --DEm I b I I I I I I I ? I I I I I I l I t Pollard Road 'l FIA/I/ reauirad 14th Avbnue 2 Darrar{ McCormick Road 3 Nnf naved nar ^r^^ar+r,Queen's Way -3 Not oaved ner nrnnar+a, Gaskill Road 3 FIA/I/ ranr rirar{ Martin Lane 3 FIAA/ raar rira.l -Carte/s Lane 3 PAA,I ranr rirad Credit 4 sl 5 800 Umbecker Road 5 RM/ reoniradWise Drive 5 B/W rgquired County Line Road West 6 Fl/W requiredHobson MillRoad 6 R/W requiredPine Tucker Road 6 FUW required Credit 7 s57,800 Baxley Lane 8 Paved [4y!ris Street 8 RAfl requiredGracewood Drive I FUW requiredNunnery Road I PavedForest Road Extension I Paved Meyers I RAIV r'equiredBowers Road I RAIV required Carter Lane 8 R/W requiredWinter Street I Paved Jason Lane 8 Rrln/ required Paving Various Roads - Phase Vlt Charles Road 1 RAIV required Atlanta Street 2 Paved Bussey Road 3 FUW requiredDodge Lane 3 RM/ required Jennelle Drive 3 FUW required Surrey Street 4 To be paved Sherrod Road 5 RM/ reouired County Line Road East 6 FIAA/ reouired Credit 7 ss7.800 Camp Josey Road 8 FUW reouired Crenshaw Road 8 FUW required Lamar Road 8 FUW reouired Tree Haven Road 8 FI/W reouired Paving Various Road - phase Vt[ Emmett Street Lane 1 Credit 2 $13.500 Rickerson Road 3 FUW required Misty Water Road 3 tsry Credit 4 $12,000 Credit 5 $8,250 Hood Road o To be paved Credit 6 $32,250 Credit 7 43,500 Younoblood Road 8 [/W required BirdwellRoad I To be paved Hauchman Hill Road I R/\A/ required Whisant Road I R/VV reouired Bennock MillRoad I To be paved b I ! I I I I I ? I I I I I I l I I Recap Phase Vl thru Vlll District Road Paved Road Required RA' Total Credit To Be Paved 1 2 2 2 s13.500 3 I 4 $27,800 '1 5 3 8,250 o 4 $32,2s0 1 7 $159,100 8 4 13 2 Commission Meeting Agenda 7/20/2021 2:00 PM Drainage Ditch Department: Department: Caption:Motion to approve tasking the Engineering Department to contact GDOT reference cleaning the drainage ditch along Gordon Highway from Wright One Paint & Body to Milledgeville Road. Also evaluate and improve the ditch that carries this drainage to Rocky Creek. This ditch runs behind the Kia dealership on Gordon Highway. It is no longer functional. This situation causes flooding at 1824 Gordon Highway and long the right of way. (Approved by Engineering Services Committee July 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Floyd Street Extension-Acceptance of McCauley St. Connecting Alley Into Augusta Georgia Public Roadway System File Reference: 21-014 (A) Department:Engineering Department:Engineering Caption:Motion to approve and Accept Alley with its Right-of-Way (depicted as Tract “B-1” on attached As-built) Connecting Floyd Street (Public Road) to McCauley Street (Public Road) into Augusta, Georgia Public Roadway System upon Receipt of its Certified Plat & Proof of Ownership, Deed of Dedication and required other Legal Documentation as determined by Augusta Engineering Department. Requested by AED. (Approved by Engineering Services Committee July 14, 2021) Background:Floyd Street is a public road with connectivity to the Augusta Public Roads network through Beacon Station Alley. This Alley connects Floyd Street to McCauley Street. Previously Floyd Street connectivity was by Roulette Lane, however Beacon Station Development required abandonment of that section of Roulette Lane. Alternate connectivity was provided by construction of to be deeded Alley, however, Alley stayed as “Private”. Recently a request was made through Augusta Housing and Community Development Department for acceptance of this Alley (Street) in the Augusta Road System. Accordingly, Augusta Engineering Department (AED) staff visited the street and completed its assessment. It appears that the Street right-of-way is comparable with adjacent public roads right-of-way and in acceptable condition. Analysis:Given that the Street in question provides connectivity to public roadways, it is AED recommendation to accept this Street into Augusta Georgia roadway system upon receipt of certified plat & proof of ownership, deed of dedication and required documentations as determined by Augusta Engineering Department. Financial Impact: Cover Memo No direct financial impact. The road will be included into city roadway maintenance program. Alternatives:1). Do not approve. Recommendation:Approve AND Accept Alley with its Right-of-Way (depicted as Tract “B-1” on attached As-built) Connecting Floyd Street (Public Road) to McCauley Street (Public Road) into Augusta, Georgia Public Roadway System upon Receipt of its Certified Plat & Proof of Ownership, Deed of Dedication and required other Legal Documentation as determined by Augusta Engineering Department. Requested by AED. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo POOL 3-STORY APARTMENTS BRICK (8,550 SF) 4-STORY OFFICE, CAFÉ, & APARTMENTS BRICK (30,363 SF) 3-STORY APARTMENTS BRICK (12,118 SF) 3-STORY APARTMENTS BRICK (11,436 SF) 3-STORY APARTMENTS BRICK (8,550 SF) 3-STORY APARTMENTS BRICK (8,550 SF) DOG PARK PUMP HOUSE PERGOLA(3) DETENTION POND DUM P S T E R 4 1 5 3 6 2 DU M P S T E R ET TE E T ET ET E T ET E E T T T T TE E E E E T T T T T T T PARCEL LINE TABLEWATER EASEMENT LINE TABLE AS-BUILT City of Augusta Housing and Community Development Department AUGUSTA, RICHMOND COUNTY, GEORIGA NO. 2512 G E O RGIA R E G I STERE D L A N D SUR V E Y ORJ O H N T HOMAS A T T A WAY SYMBOLS LEGEND KEY T E LINE TYPE LEGEND Commission Meeting Agenda 7/20/2021 2:00 PM HAYNES STATION, PHASE 11 SUBDIVISION DEDICATION FILE REFERENCE: 12-005(A)3 Department:Engineering Department:Engineering Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Haynes Station Phase 11. (Approved by Engineering Services Committee July 14, 2021) Background:The final plat for this portion of Haynes Station, Phase 11 was approved by the commission on July 21, 2020. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. Portions of this road lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting this road and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Cover Memo Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Haynes Station, Phase 11. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo SUBDIVISION: Hayne’s Station, Phase 11 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Jensen Lane is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Jensen Lane a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Jensen Lane is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Gordon Highway Extending NW approx. 1,838.2 ft. and including the cul-de-sac. (b) Length of road to nearest 1/100th mile: 0.35 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ SUBDIVISION: Hayne’s Station, Phase 11 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Goodale Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Goodale Drive a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Goodale Drive is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at existing Jensen Lane Extending West approx. 1,091.5 ft. then N. to temporary cul-de-sac. (b) Length of road to nearest 1/100th mile: 0.21 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ SUBDIVISION: Hayne’s Station, Phase 11 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Allenwood Street is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Allenwood Street a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Allenwood Street is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Jensen Lane Extending West approx. 579.6 ft. (b) Length of road to nearest 1/100th mile: 0.11 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ SUBDIVISION: Hayne’s Station, Phase 11 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Conal Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Conal Drive a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Conal Drive is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Jensen Lane Extending NE approx. 400.8’ft to existing Conal Drive (b) Length of road to nearest 1/100th mile: 0.08 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ ENGINEERING DEPARTMENT Plan & Review Section Manager, Hameed Malik, PhD., PE, Director Richard A. Holliday, Sr. Lead Design Engineer Design/Plan Review Section 452 Walker St., Suite 110 – Augusta, GA 30901 (706) 821-1706 – Fax (706) 821-1708 www.augustaga.gov MEMORANDUM To: Hameed Malik. P.E., PhD Director of Engineering Through: Brett Parsons, Principal Engineer Land Development From: Richard A. Holliday, Lead Design Engineer Date: May 21, 2021 Subject: Certificate of Completion Dedication of Haynes Station Section 11 File reference: 12-005(A)3 A final inspection has been conducted on the above referenced development. This development meets the standards and specifications set forth in the Augusta-Richmond County Development Regulations Guidelines outlined in the Land Development and Stormwater Technical Manuals. The submitted Deed of Dedication and 18-Month Warranty Agreement reads appropriately, with the language in both documents meeting criteria for dedication of the roadway systems and drainage systems within. The final plat was previously accepted by the Commission on July 21, 2020. Therefore, these development dedication documents are ready to present to the Commission for acceptance into the City’s infrastructure system. Thank you for your assistance on this matter. Please call if you have any questions or need additional information, 706-821-1706. RAH Attachment cc: Walt Corbin, P.E., Engineering Manager Rob Sherman, Director of Planning and Development Terri Turner, Planning & Zoning File Design/Plan Review Section 452 Walker St., Suite 110 – Augusta, GA 30901 Phone: (706) 821-1706- Fax 706 (821-1708) www.augustaga.gov Commission Meeting Agenda 7/20/2021 2:00 PM Motion to Abandon Right of Way- Crescent Dr. Department:Engineering Department:Engineering Caption:Motion to determine that Crescent Drive, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee July 14, 2021) Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of Crescent Drive is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on May 26, 2021 for this matter. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Crescent Drive be abandoned. Recommendation:Approve determination and request for abandonment of Crescent Drive pursuant to O.C.G.A. §32-7-2, with the abandoned Cover Memo property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM Engineering Services Committee July 13, 2021 Motion to determine that Crescent Drive, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Department: Law Caption: Motion to determine that Crescent Drive, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7- 2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Background: The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of Crescent Drive is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on May 26, 2021 for this matter. Analysis: In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32- 7-2(b)(1). Financial Impact: Cost of publication and advertisement of public hearing. Alternatives: Approve or deny request to determine that Crescent Drive be abandoned. Recommendation: Approve determination and request for abandonment of Crescent Drive pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are available In Following Accounts: REVIEWED AND APPROVED BY: THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON CRESCENT DRIVE AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that Crescent Drive as shown on the attached map, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on May 26, 2021 at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on May 13, 2021 and May 20, 2021, and that the property owners located on Crescent Drive were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held, July 20, 2021, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2021. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON CRESCENT DRIVE AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that Crescent Drive as shown on the attached map, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on May 26, 2021 at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on May 13, 2021 and May 20, 2021, and that the property owners located on Crescent Drive were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held, July 20, 2021, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2021. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Augusta, GA Disclaimer The data represented on this map has beencompiled by the best methods available. Accuracyis contingent upon the source information ascompiled by various agencies and departmentsboth internal and external to the consolidatedgovernment of Augusta, GA. Augusta, GA and thecompanies contracted to develop these dataassume no legal responsibilities for the informationor accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or datafor any reason without the written consent of theAugusta Commission.Print Date Jun 22, 2021 Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov Like, Follow, Share #AugustaGIS µ 1 inch = 100 feetMap Scale Crescent Drive Augusta, GA Disclaimer The data represented on this map has beencompiled by the best methods available. Accuracyis contingent upon the source information ascompiled by various agencies and departmentsboth internal and external to the consolidatedgovernment of Augusta, GA. Augusta, GA and thecompanies contracted to develop these dataassume no legal responsibilities for the informationor accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or datafor any reason without the written consent of theAugusta Commission.Print Date Jun 22, 2021 Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov Like, Follow, Share #AugustaGIS µ 1 inch = 100 feetMap Scale Crescent Drive Augusta, GA Disclaimer The data represented on this map has beencompiled by the best methods available. Accuracyis contingent upon the source information ascompiled by various agencies and departmentsboth internal and external to the consolidatedgovernment of Augusta, GA. Augusta, GA and thecompanies contracted to develop these dataassume no legal responsibilities for the informationor accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or datafor any reason without the written consent of theAugusta Commission.Print Date Jun 22, 2021 Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov Like, Follow, Share #AugustaGIS µ 1 inch = 100 feetMap Scale Crescent Drive Commission Meeting Agenda 7/20/2021 2:00 PM Resurfacing Various Roads (Scott’s Way, Bath Eddie Rd., Meadowbrook Dr.) Bid 21-186 Department:Engineering Department:Engineering Caption:Motion to approve award of Construction Contract to Reeves Construction Co. in the amount of $2,483,604.27 for Resurfacing Varies Roads as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. Bid 21-186. (Approved by Engineering Services Committee July 14, 2021) 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. For past few years AED is supplementing LMIG resurfacing funds with TIA-Discretionary funds and SPLOST funds to resurface selected roads every year. Roads covered under captioned bid are: Scott’s Way (Skinner Mill Rd. to Wheeler Rd.), Bath Eddie Road (Deans Bridge Rd. to Keysville Rd.), and Meadowbrook Dr. (Deans Bridge Rd. to Windsor Spring Rd.). In addition, as other funding became available, AED may include additional roads to resurface. Analysis:Bids were received on June 16, 2021 with Reeves Construction Co. being the low bidder. The bid results are as follow: CONTRACTORS BID 1.Reeves Construction Company $2,483,604.27 2.Beam’s Contracting, Inc. $2,834,670.94 3.ER Snell Contractor $2,988,847.39 It is the recommendation of the Engineering Department to award this project to Reeves Construction Co. Financial Impact:Proposed project funds are presented below: 1.LMIG Funds (2021) $626,911.84 2.LMIG 10% Match (TIA Discretionary) $69,656.87 3.TIA -Discretionary $1,787,035.56 TOTAL: $2,483,604.27 Cover Memo Alternatives:Do not approve and cancel the project. Recommendation:Approve award of Construction Contract to Reeves Construction Co. in the amount of $2,483,604.27 for Resurfacing Varies Roads as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. Bid 21-186. Funds are Available in the Following Accounts: $626,911.84 – 335-041110 (LMIG FY2021), $69,656.87 – 335- 041110 (10% LMIG Match) and $1,787,035.56 – 235-041110 (TIA Discretionary) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Wednesday, June 16, 2021 @ 3:00 p.m. for furnishing – Via ZOOM. Meeting ID: 934 3197 3290 Passcode: 699207 Bid Item #21-186 Resurfacing Various Roads 2021 – for Augusta, GA – Augusta 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 $50.00. 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, May 6, 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. 0 Pre Bid Conference will be held on Tuesday, June 1, 2021 @ 3:00 p.m. Via Zoom Meeting ID: 992 6333 6046 Passcode: 786291 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, June 2, 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 Revised: 2/19/2016 Publish: Augusta Chronicle May 6, 13, 20, 27, 2021 Metro Courier May 6, 2021 Augusta-Richmond County, Georgia BID 21-186 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 award Construction Contract to Reeves Construction Co. in the amount of $2,483,604.27 for Resurfacing Various Roads (Scott's Way, Bath Eddie Rd, Meadowbrook Dr). Funding is available in the FY2021 LMIG Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. LMIG Funds (2021)626,912$ LMIG 10% Match (TIA Discretionary) 69,657$ TIA Discretionary Funds 1,787,036$ 2,483,605$ 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#N/A CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS Funds, LMIG 10% Match and TIA Discretionary Funds 1 of 2 09.26.2019 Augusta-Richmond County, Georgia CPB#N/A CAPITAL PROJECT BUDGET RESURFACING VARIOUS ROADS CPB AMOUNT SOURCE OF FUNDS CPB LMIG FUNDS (2021) $626,912 LMIG 10% MATCH $69,657 (TIA DISCRETIONARY) TIA DISCRETIONARY FUNDS $1,787,036 TOTAL SOURCES: $2,483,605 USE OF FUNDS LMIG FUNDS (2021) $626,912 335-041110-5414110 LMIG 10% MATCH 335-041110 $69,657 (TIA DISCRETIONARY) (TIA DISCRETIONARY) $1,787,036 235-041110-5414110 TOTAL USES: $2,483,605 2 of 2 09.26.2019 Commission Meeting Agenda 7/20/2021 2:00 PM SOUTHAMPTON, SECTION 7 SUBDIVISION DEDICATION FILE REFERENCE: 08-005(A)3 Department:Engineering Department:Engineering Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section 7. (Approved by Engineering Services Committee July 14, 2021) Background:The final plat for this portion of Southampton Section 7 was approved by the Commission on August 18, 2020. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting this road and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Cover Memo Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Southampton Section 7. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo SUBDIVISION: Southampton, Section 7 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Landon Street is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Landon Street a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Landon Street is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning: Beginning at Easton Drive Extending NE approx.. 572.3’ ft to Bellingham Drive. (b) Length of road to nearest 1/100th mile: 0.11 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ SUBDIVISION: Southampton, Section 7 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Rutland Street is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Rutland Street a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Rutland Street is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Easton Drive Extending NE approx. 602.0’ ft to Bellingham Drive. (b) Length of road to nearest 1/100th mile: 0.11 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ SUBDIVISION: Southampton, Section 7 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Easton Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Easton Drive a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Easton Drive is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Bellingham Drive Extending SW, then W, then NE to Temporary cul-de-sac (b) Length of road to nearest 1/100th mile: 0.43 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ SUBDIVISION: Southampton, Section 7 RESOLUTION ADDING ROAD TO THE AUGUSTA-RICHMOND COUNTY ROAD SYSTEM WHEREAS, Bellingham Drive is an existing road in Richmond County, Georgia, open to public usage; and WHEREAS, Augusta, Georgia desires to make Bellingham Drive a part of its County Road System. NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission of Augusta, Georgia, that Bellingham Drive is hereby added to its official County Road System of Record, being described as follows and as shown on the attached sketch map or plat showing the approximate alignment and location of said Road. (a) Points of beginning and ending: Beginning at Bellingham Drive Extending NW approx. 958.9’ft to Easton Drive (b) Length of road to nearest 1/100th mile: 0.18 mile (c) Width & type of road surface: 31 feet from back of curb to back of curb; Type E asphalt (d) Right-of-Way: 60 foot The Augusta Commission is hereby directed to forward a certified copy of this resolution to: Georgia Department of Transportation, Road Inventory Section District 2, Post Office Box 8, Tennille, Georgia 31089. Adopted this ______ day of __________________, 20____. AUGUSTA, GEORGIA BY: _______________________ As Its Mayor Attest: ____________________ ENGINEERING DEPARTMENT Plan & Review Section Manager, Hameed Malik, PhD., PE, Director Richard A. Holliday, Sr. Lead Design Engineer Design/Plan Review Section 452 Walker St., Suite 110 – Augusta, GA 30901 (706) 821-1706 – Fax (706) 821-1708 www.augustaga.gov MEMORANDUM To: Hameed Malik. P.E., PhD Director of Engineering Through: Brett Parsons, Principal Engineer Land Development From: Richard A. Holliday, Lead Design Engineer Date: May 21, 2021 Subject: Certificate of Completion Dedication of Southampton Section 7 File reference: 08-005(A)3 A final inspection has been conducted on the above referenced development. This development meets the standards and specifications set forth in the Augusta-Richmond County Development Regulations Guidelines outlined in the Land Development and Stormwater Technical Manuals. The submitted Deed of Dedication and 18-Month Warranty Agreement reads appropriately, with the language in both documents meeting criteria for dedication of the roadway systems and drainage systems within. The final plat was previously accepted by the Commission on August 18, 2020. Therefore, these development dedication documents are ready to present to the Commission for acceptance into the City’s infrastructure system. Thank you for your assistance on this matter. Please call if you have any questions or need additional information, 706-821-1706. RAH Attachment cc: Walt Corbin, P.E., Engineering Manager Rob Sherman, Director of Planning and Development Terri Turner, Planning & Zoning File Design/Plan Review Section 452 Walker St., Suite 110 – Augusta, GA 30901 Phone: (706) 821-1706- Fax 706 (821-1708) www.augustaga.gov Commission Meeting Agenda 7/20/2021 2:00 PM Traffic Light at Peach Orchard Road and Brown Road Department: Department: Caption:Motion to task the Engineering Department to conduct a feasibility study for the installation of a Traffic Light at the intersection of Peach Orchard Rd. (Highway 25) and Brown Rd. (Approved by Engineering Services Committee July 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Regular Meeting held on July 1, 2021 and Special Called Meeting held July 14, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo -t Commission Meeting Agenda Commission Chamber '7lll202l ATTENDANCE: INVOCATION: Reverend Brendolyn Jenkins Boseman, Pastor Hudson CME Church' PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LTNITED STATES OF AMERICA' RECOGNITION(S) June 2021 Years of Service Recipients! A. Congratulations! June 2021 Years of Service Recipients! (3 2021-01-07 -2021 YOs For 25-50 YOs BrciBreEts_-!4llrg B ItemAonrovalSheet.html Motions Motion --"""- Motion Text't'ype Presentations are made to the June 2021Years of Service ReciPients. Five (5) minute time limit per deleeation DELEGATIONS B. Mr. DeWayne Pearson regarding cigar lounge. (E SKM C6582106241150r.pdf B ItemAporovalSheet.html Motions Motion-^"""" Motion Text'r'ype Made Seconded Motion By By Result Item Action: None Item Action: None Made By Seconded By Motion Result Presentation is made by Mr. Pearson. C. Y. Harpo-Brown regarding wrongful eviction. E sxtt costztoozll tsoo.oat IB ItemAoprovalsheet.html Motions Motion Motion Textlype Item Action: None Made By Seconded By Motion Result Presentation is made by Mr. Harpo-Brown. CONSENT AGENDA (Items l-3) PUBLIC SERVICES 1. 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 Commission June Approved 15, 2021 - second reading) B Noise Amendment final 20210525.docx lE ItemApprovalshee t html Motions Motion Motion Textrype A -.^-^_.^ Motion to approve.APProve Motion Passes lo-0. Made By Seconded By Motion Result Commissioner Commissioner Sammie Sias Brandon Garrett Passes ENGINEERING SERVICES 2. Motion to approve adoption of the Wireless Facilities and Antennas Ordinance Item as requested by Augusta Engineering Department. Also adopt associated Action: Permitting and Right-of-Usage guidance documents and forms. Requested by Approved AED. (Approved by Commission June 15,2021- second reading) [3 Aueusta GA Small Cell Facilitv ROW Usase Ordinace.odf B Auquste Small Cell ROW Encroachment Permit Form.pdf EARC RO B ltemAoorovalsheet.html Motions Motion r rn Motion i;;;" Motion Text Made By seconded By Resutt ^ ..-,-- Motion to approve. Commissioner CommissionerApprove ,l ton Passes 10-0. Sammie sias Brandon Garrett Passes PETITIONS AND COMMUNICATIONS 3. Motion to approve the minutes of the Regular Meeting held on June 15,2021. Item Action: Approved B Resular Commission Meetine June 15 202l.odf (B ItemAoorovalsheet.html Motions l#:'" Motion Text Made Bv Seconded Bv Motion Result a ---^-^-.^ Motion to approve. Commissioner CommissionerApprove ,o,to, Passes 10-0. Sammie sias Brandon Garrett Passes 't :k *'IEND CONSENT AGENDA* :k :t * AUGUSTA COMMISSION 7tu202t AUGUSTA COMMISSION REGULAR AGENDA 7 nt202t (Items 4-30) PUBLIC SERVICES 4. Motion to approve New Location: A.N. 2l-17: request by Mark Guillory for Item an On Premise Consumption Liquor, Beer & Wine License and a Retail Action: Package Beer & Wine License to be used in connection with Taste Wine Room Approved located at879 Broad Street. District 1. Super District 9. B AN-21-l7.pdf IH ItemAoprovalsheet.html Motions X:'i"' Motion Text Made By seconded By MotionlYPe ''---- -r Result a _-__.-_- Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom sammie Sias Passes 5. Motion to approve New Location: A.N. 21-19: request by Aasim Mohammed Item Abdul for a Retail Package Beer & Wine License to be used in connection Action: with Augusta Food, LLC located at 1,342 Gordon Highway. District 1. Super Approved District 9. B AN-21-l9.pdf lB ItemAoorovalsheet.html Motions Motion ru r:^- zrr^--a f,f,^r- n d Motion- ----- Motion Text Made By Seconded BylYPe ---- -r Result a _ _---__-- Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom sammie Sias Passes 6. Motion to approve New Location: A.N. 21-18: request by Aasim Mohammed Item Abdul for a Retail Package Beer & Wine License to be used in connection Action: with Neha Group, LLC located at 1499 Gordon Hlghway. District 2. Super Approved District 9. [= AN-21-18.pdf IH ItemAnorovalsheet.html Motions fr"J:"' Motion Text Made By Seconded By Htj|I Motion to approve Commissioner Approve Mr. Sias oui. ::mTtsto.ner Catherine Smith- passes Motion passes 9-0. sean trantom rrrr.r"iglr, 7. Discussion: consider probation, suspension or revocation of the Alcohol License Item and Business License for Mr. Brian Brittingham, dlbla: Southbound Action: Smokehouse, LLC, 1855 Central Avenue, for failure to comply with the Approved Augusta-Richmond County Alcohol Ordinance, Dance Ordinance and Occupation Tax Ordinance. B Southbound Smokehouse Sheriff s Oflice Letter.ndf B ItemAoorovalSheet.html Motions $otion Motion Text Made By Seconded By Motion Type rvrurru' r !^t r'rsuv vJ Result Motion to delete this item from the agenda. n , . Voting No: Commissioner CommissionerDelete iJrn-irrion., Dennis williams Ben Hasan Passes John Clarke. Motion Passes 9-1. 8. Alcohol Ordinance: Motion to approve amendments to the Augusta, Georgia Item Code, Title 6, Chapter 2, Article l, Alcoholic Beverages, to include delivery of Action: off premise consumption alcoholic beverages as provided for in Georgia House Approved 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. tL) ALCOHOL ORDINANCE AMENDMENTS PROPOSED resteurants mixed drink and home deliverv 20210603.docx IE ItemAoorovalSheet.html Motions Y:jt'-"' Motion Text Made By seconded By Motion Type rvrurtv, ,.t rrres! vJ Result ^ Motion to approve. Commissioner CommissionerApprove ultio, Passes 10-0. Sammie sias Brandon Garrett Passes 9. Update from Rebecca Rogers on the state of public art in Augusta. The update Item includes updates on current projects, as well as the requested information as to Action: how the funding for the Augusta Sculpture Trail works and clarification on Approved requests for future funding. B ItcmAoorovalsheet.html Motions Motion Motion TextI ype Made Seconded MotionBy By Result It was the consensus of the Commission that this item be received as information without objection. 10. Parks and Recreation possibility of sponsoring a Youth Water Safety Program to include swimming and rescue instruction. (Requested by Commissioner John Clarke) Item Action: Approved lE Youth Water Sefetv Prosram.odf IH ItemApprovalsheet.html Motions Motion Motion TextI ype Made By Seconded By Motion Result Motion to approve Approve receiving ttris item commissioner commissioner as information. John Clarke Dennis Williams It was the consensus of the Commission that this item be received as information without obj ection. ADMINISTRATIVE SERVICES 11. Motion to approve the Choice Neighborhoods Application Certifications - Item Planning Grants and MOU. Augusta as the lead applicant is required to Action: execute the attached documents and include them as a part of the full Approved submission due July 9, 2021. E HUD 53156 CN PlanninE Application Certs.pdf B 2021-01-07 R Choice Neishborhood Grant MOU Finel.pdf B 2021-01-07 Choice 2l-295 Btank Eval Sheet.xtsx [3 2021-01-07 Choice Futl Announcement FR-6500-N-38.ndf lE 202I-01-07 Choice NeiEhborhood RFp 2l-29S ADV to paper.doc B 2021-01-07 Choice N(ishborboods NI primer.pdf B 2021-01-07 Choice Nieshborhood FYI Process Resuardino RFP rrn,lrt.rt 5-3-21 rtnc B Altachments - Choice .\cishborhoods.pdf 12. Motion to approve Housing and Community Development Department's Item (HCD's) request to amend the contract with the East Augusta Community Action: Development Corporation to provide additional HOPWA funding for the Approved continuance of operation and services to eligible HOPWA citizens. E ItemAnnrovalSheet.html Motions Motion- "---- Motion Text'rype ^ Motion to approve.Approve Motion Passes l0-0. Commissioner Commissioner sammie Sias Brandon Garrett Passes Made By Seconded By Made By Seconded By Made By Commissioner Sammie Sias Seconded By Commissioner Brandon Garrett Motion Result Motion Result Motion Result Passes lB EACDC.lstAmend.20l9.doc lH ItemAporovalShcet.html Motions Motion Motion Text'r'ype ^ Motion to approve. Commissioner CommissionerApprove Motion Passes l0-0. Sammie sias Brandon Garrett Passes 13. Motion to approve Housing and Community Development Department's Item (HCD's) contract between HCD and Marshall Davis for the down payment Action: subsidy assistance for one (1) single-family housing unit identified as 410 Approved McQueen Court. B DPA Contract 410 Mcoueen Court Home Buver Subsidv Asreement 6.16.2021,odf B ItemAporovrlshe€t.html Motions Motion Motion TextIype ^ Motion to approve.Approve Motion Passes 10-0. PUBLIC SAFETY 14. Consider request from Gold Cross Ambulance Services for a rate increase. Item (Requested by Commissioner John Clarke) Action: Rescheduled B 2021-01-07 Gold Cross Rete Increase Mav 28 drop off.pdf lB ItemApprovalsheet.html Motions fr'J:"' Motion rext Made By Seconded By Motion Result Motion Result Passes Defer No action motion. Motions Motion Type Motion Text Substitute motion to refer this item to the August 10 Public Safety Committee CommissionerDefer meeting. Brandon Voting No: Garrett Commissioner Dennis Williams. Motion Passes 9-1. Commissioner Catherine Smith- McKnight Made By Seconded By Commissioner Catherine Smith- McKnight Motion to reschedule this item to the July 14 Commissioner Public Safety John Clarke Committee meeting. was taken on this motion due to the passage of the substitute FINANCE 15. Motion to approve a resolution authorizing the commencement of the Item validation process for the bonds approved by the voters in the March 16,2021 Action:election. Approved B Aueusta SPLOST - Validation Resolution.ndf E ItemAoorovalsheet.html Motions Motion - ------ Motion Textrype a Motion to approve.APProve Motion Passes lo-0. Made By Commissioner Ben Hasan Seconded By Commissioner Francine Scott Motion Result Passes 16.Motion to approve a special purpose local resolution declaring the option sales tax election results of the the March results. 16,2021 Item Action: Approved Motion Result ^ Motion to approve. commissioner commissioner Approve Vtotion passes t0_0. ;;;;;;^^" Catherine Smith- Passes McKnight 17. Discuss directing the Procurement Department to seek bids for firms to Item conduct an in depth Forensic Audit of entire financials of each city Action: department. (Requested by Commissioners John Clarke and Catherine Disapproved McKnight) E Aususta SPLOST ARC - Election Results Resolution.pdf [H ItemApprovalsheet.html Motions Motion;-"-" Motion Text Made Byrype {B Forensic Audit.ndf E IlemApprovalsheet.html Motions Motion-"---- Motion TextI ype Motion to approve. Voting No: Commisioner Sean Frantom, Commissioner Ben Hasan, Commissioner Approve Jordan Johnson, Commissioner Francine Scott, Commissioner Sammie Sias, Commissioner Bobby Williams. Motion Fails 4-6. Motions Seconded By Made By Seconded By Motion Result Commissioner John Clarke Commissioner Catherine Smith- McKnight Fails Motion Motion Text Type Substitute motion to approve having the auditors bring back a credit card audit of all spending in the government within 90 days and possibly establish a policy that is not currently in existence. Voting No: Commissioner John Clarke, Commissioner Approve Ben Hasan, Commissioner Jordan Johnson, Commissioner Francine Scott, Commissioner Sammie Sias, Commissioner Catherine Smith- McKnight, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 2-8. ENGINEERING SERVICES Made By Seconded By Motion Result Commisioner Sean Frantom CommissionerBrandon Fails Garrett 18. Motion to approve the reallocation of the funding source for SA I and SA 2 Item which were previously approved by Commission on 2116121 and 6111202l Action: respectively. Approve Funds Revision in the amount of $163,696 for Approved completing supplemental roadway needed Improvements (Supplement Construction Contract (SAl and SA2) to E R Snell Contactor, Inc.) in conjunction with Transportation Investment Act (TIA) Project, l5th Street Pedestrian Improvements Project as requested by AED. Bid 18-260. B CPB funds revision 06.16.2021.x1sx IB TIA lsstreet lmproyements-CPB Sheet.pdf B ItemAonrovalSheet.html Motions X:11" Motion Text Made By Seconded By ffffi''r ype a _ _-_- __ Motion to approve. Commissioner CommissionerApprove Motion Passes 10-0. Sammie sias Brandon Garrett Passes 19. Motion to approve Deed of Dedication and Maintenance Agreement, for water Item and sanitary sewer, for Beacon Station (fkla The Foundry). Action: Approved lB Beacon Station Maintenance Agreement.pdf lH Beacon Station Plat.ndf IB Bearon Station Deed of Dedication.odf lt+ ItemApprovalSheet.html Motions X:j*l" Morion Text Made By seconded By MotionType ^'---- -J Result A ---^_.^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Sammie Sias Brandon Garrett Passes 20. Motion to approve award of Construction Contract to Morgan Corp in the Item amount of $11,064,437.00 for Deans Bridge Road Solid Waste Facility Phase Action: 2C Final Closure System and Cover Project. Award is contingent upon receipt Approved of signed contracts, proper bonds, and applicable procurement documents and License associated to subject work. Request by AED. RFP 21-183 B 21-183 RFP - Invitation - RFP - NOT Sent to PaDer - Pre Ouel C)NLY^docr B Pre Prooosel Conf Attendees - Deans Bridge Road.xlsx IH 21-I83 OFFICIAL TAB Phase2c Closure.Ddf IL{ 2l-IEJ Cumulerive Eval Sheet.pdf tB Memo Procurement RecomAward RFP 21-183 Landlill Ph2C Closure.pdf lH 21-183 Pre-Ouelified Mail Labels.docx E FYI Process Rreuarding RFP updaled 5-3-2l.docx IH 2l-183 LSBOP Compliance R€view.pdf B ItemApprovalsheet.html Motions Motion Text Made By Seconded By Motion Type Motion to approve award of Construction Contract to Morgan Corp in the amount of $l 1,064 ,437 .00 for Deans Bridge Road Solid Waste Facility Phase 2C Final Closure System and Cover Project to be funded through Solid Waste Enterprise (SW) Fund Reduction in Cell2C ^ Closure liabilityAPProve ($6,g75,229) and Solid Waste unreserved Fund Balance (84,218,346). Award of RFP 21-183 is contingent upon receipt of signed contracts, proper bonds, and applicable procurement documents and License associated to subject work. Mr. Frantom out. Motion Passes 9-0. Motions Motion--"""" Motion Text'l'ype Approve Motion to approve. Motion Passes 10-0. Commissioner Brandon Passes Garrett Motion Result Commissioner Sammie Sias 21. Motion to approve funding for Dennis Road Improvements in the amount of Item $400,361.00 for Infrastructure Systems Management (ISM) continuity of Field Action: Engineering and Improvements Plan Development under On-Call Professional Approved Services for Engineering and Field Design contract. Requested by AED. RFP t9-241. 1B Dennis Rd Proposal Phese II ISM Prooosrl.pdf E Dennis Road Conceot Lavout.odf Ea 19-241 OFFICIAL TAB.xls B ItemAnorovalsheet.html Made By Commissioner Sammie Sias Seconded By Motion Result Commissioner Passes Brandon Garrett 22.Provide answers reference funding to complete (Requested by Commissioner Sammie Sias) the Landfill Consent Order. Item Action: Approved IB Com. Sammie-Sias asenda item 7-1-2l.odf B llemApprovalsheel.html Motions Motion-"""- Motion TextI'ype 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 to be funded through Solid Waste Enterprise (SW) Fund Reduction in Cell 2C ^ Closure liabilityAPProve ($6,87s,229) and Solid Waste unreseryed Fund Balance ($4,218,346). Award of RFP 2l-183 is contingent upon receipt of signed contracts, proper bonds, and applicable procurement documents and License associated to subject work. Mr. Frantom out. Motion Passes 9-0. Seconded By HiillMade By Commissioner Sammie Sias Commissioner Brandon Passes Garrett 23. Motion to approve award of Construction Contract to Reeves Construction in Item the amount of $1,103,494.05 for Mims Road Sidewalk and Drainage Action: Improvements Project . Award is contingent upon receipt of signed contracts, Approved proper bonds and applicable License associated to subject work. Request by AED. Bid 2l -167. IE Mims Sidewatk CPB 06.17.2021.x1sx lB Invitation to Bid Sent to Paper.doc {B Pre Pro Conf Meetine #21-l67,xlsx B 2t-t67 oflicial.xts lB Memo Procurment ContrAward 2l-167-MimsRd 06l2202l.odf E 2l-167 Ptanholders list.pdf B 2l-167 LSBOP Compliance R€view.pdf E IlemAoprovalShcet.html Motions H:j*l"ll Motion Text Made By seconded By Motion 'f ype - ----- -'t --------- -./ Result A ---^_.^ Motion to approve. Commissioner CommissionerApprove Motion passes 10-0. Sammie Sias Brandon Garrett Passes 24. Motion to reeceive as information - Emergency Purchase Order / Correction of Item Fees for repairs to Landfill roads and drainage by Infrastructure Systems Action: Management, LLC. Approved E 2021.05 Rec(ive as Informalion - Emersencv P0 - Correction of Fees - LF Road Rcpairs.pdf {B ItemAnorovatsheet.html Motions Y:jt1" Motion Text Made By seconded By Motion'l'ype -'---- -'I ----"--- -r Result A .^--^-.^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Sammie Sias Brandon Garrett Passes 25. Motion to approve Supplement Construction Contract with Reeves Item Construction Co. in the amount of $178,681.00 to cover additional costs of Action: replacing failing storm drainage pipe between 13th and llth on Ellis Street. Approved Requested by AED. Bid 20-164 lE CPB Resurfecine 20-164 Supplement 6.16.2021 20ENG944 .xlsx IE Ellis Strcct Drainase Improvements Proposel.pdf {E ItemApprovalsheet.html Motions X:t:"' Motion Text Made By Seconded By f"'rtiirype Approve Passes Motion to approve. Commissioner Commissioner Motion Passes 10-0. Sammie Sias Brandon Garrett 26. Discuss the "Roadbotics" Technology used to determine which roads and ltem streets need to be paved first. (Requested by Commissioner John Clarke) Action: Approved B Roadbotics Technolosv.pdf IB ItemAoorovalshcet.html Motions Motion Motion TextI ype Motion to refer this a .-.-,.-___ item to the August CommissionerApprove l0 Engineering John Clarke Services Committee. It was the consensus of the Commission that this objection. item be approved without Made By Seconded By Commissioner Catherine Smith- McKnight Motion Result 27. Motion to consider for approval 2021-2022 Georgia District 7 slate of officers. Municipal Association's Item Action: Approved IB 2021-01-07 5.a 2021 District 7 Ballot Perr Two.pdf E ItemAoorovelsheet.html Motions Motion Motion Type Text Motion Result Seconded By r;tJi,' Commissioner Passes Bobby Williams Approve No action motion. Motions Motion Type Approve Made By Seconded By Motion to Commissioner Commissioner approve. Bobby Williams Francine Scott was taken on this motion due to the passage of the substitute Motion Text Made By Substitute motion to Commissioner approve with the addition Ben Hasan of Ms. Coretta Smith as the Third Vice President. Motion Passes 10-0. APPOINTMENT(S) 28. Consider the appointment of one from the following list of candidates from the Item Augusta Legislative Delegation for appointment as Chairnan of the Richmond Action: County Board of Elections: Approved Tim McFall Wayne Gilford Ken Bond lB Ken Bond.odf B Timothv McFalls (2).pdf B Board of Elections Members 2l - Lvnn s Edits 6-22-2021.odf F sKM c65821062419360.pdf B sKM c6s82ro62sro27o.pdf B ltemApprovelshe€t.html Motions Motion;---"- Motion Textrype Motions ryJ:" Motion rext It was the consensus of the Commission that the correction to this item of the name Wayne Guilfoyle be added to the agenda. Made Seconded MotionBy By Result Made Seconded Motion By By Result Passes Mr. Sias nominates Mr. Tim McFalls. Voting No: Commissioner John Clarke. Motion Passes 9-1. Motions Motion Made Seconded Motion:-'---- Motion TextType By By Result Mr. Clarke nominates Mr. Wayne Guilfoyle. ADMINISTRATOR 29. Motion to accept the FY22 Budget Retreat Summary Report and affirm Item Quality of Life, Infrastructure, Public Safety, Governance/Finance, Economic Action: Development, and External Relationships as the FY22 Commission budget Approved priorities. (GMA/Administrator Donald) E 2021-01-07 Auqusta Commission Budset Workscssion - Summarv Notes 5-26-202l.Ddf B ItemAoorovalsheet.html Motions []jt1" Motion Text Made By seconded By fflil'rype Motion to approve imolementins the six' . u. . uommlssloner uommlsslonerApprove ilT:T:iflJil1'ff;J'o i,u,don Garrett rordan rohnson budget. No action is taken on this motion due to the passage of the substitute motion. Motions f#:"' Motion rext Made By seconded By Hiil Substitute motion to approve adopting the Commission frscal'22 budget priorities and direct the Administrator to include at least a $15.00 per hour salary mininum and also include public Commissioner Commissioner Approve premium and public safety Bobby Jordan Passes pay within the American Williams Johnson Rescue Plan. Voting No: Commissioner John Clarke, Commissioner Catherine Smith- McKnight. Motion Passes 8-2. ADDENDUM 30. Motion to release seating restrictions in the Commission Chambers. Motions Motion Motion Text Made Seconded Motion'r'ype By By Result An objection is registered regarding the addition of this item to the agenda. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 31. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings Item Action: Disapproved Item Action: None www.augustaqa.qov CALLED MEETING COMMISSION CHAMBER July 14,2021 Augusta Richmond County Commission convened at 11:00 a.m., Wednesday, July 14, 2021, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Johnson, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hons. Frantom and Garrett, members of Augusta Richmond County Commission. Mr. Mayor: Attorney Brown, Administrator Donald, Madam Clerk, Commissioners, we'll call this meeting to order. The Chair recognizes Attomey Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good morning, Mayor, Commissioners. We request a motion to go into executive session for the discussion of pending or potential litigation, real estate and personnel. Mr. Sias: So move. Mr. D. Williams: Second. Mr. Mayor: Voting. As a matter of record while you're voting, there are a number of items that are on the special called meeting agenda that we will address when we come back out on the floor. Mr. Johnson out. Motion carries 7-0. Mr. Mayor: Thank you, Madam Clerk. IEXECUTTVE SESSTONI Mr. Mayor: Okay, good afternoon, everybody. We are reconvening. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mayor and Commissioners, we request a motion to execute the closed meeting affidavit. Mr. Sias: So move. Mr. Hasan: Second. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: Thank you, Madam Clerk. The Chair recognizes Attorney Brown for the reading of a motion. Mr. Brown: Mayor and Commissioners, we request a motion to accept the resignation of Robert Sherman, effective August l3r 202l and to approve three months' severance pursuant to SES severance policies and procedures subject to the execution of a separation and release of claims agreement to be prepared by the Augusta Law Department. Mr. Mayor: Commissioner from the 2nd. Mr. D. Williams: Move for approval. Mr. Hasan: Second. Mr. Mayor: Voting. Ms. McKnight votes No. Motion carries 7-1. Mr. Mayor: The Chair recognizes Attorney Brown for the reading of a motion. Mr. Brown: We request a motion, Mayor and Commissioners, to accept the resignation of Lynn Bailey effective December 31, 2021 and to approve six months' of severance pay pursuant to SES policy and procedures subject to the execution ofa separation and release of claims agreement to be prepared by the Augusta Law Department. Mr. Mayor: The Chair recognizes the commissioner from the 4ft. Mr. Sias: So move. Ms. Scott: Second. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: The Chair recognizes Attorney Brown for the reading of a motion. Mr. Brown: We request a motion to accept the resignation of Col. Robert Partain effective August 3lr 202l and to approve six months' of severance pay pursuant to SES severance policies and procedures subject to the execution of a separation and release of claims agreement to be prepared by the Augusta Law Department. Mr. Mayor: The Chair recognizes the commissioner from the 2nd. Mr. D. Williams: Move for approval. Mr. Sias: Second. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: The Chair recognizes Attorney Brown for the reading of a motion. Mr. Brown: Mayor Davis and Commissioners, we request a motion to transfer to the Augusta Georgia Land Bank Authority the following real property parcels subject to the standard vetting process by Central Services Department and authorize closing under the guidance of the Law Department to wit the following properties. The Clerk: 702 Walton W"y,706 Walton Way,708 and 714 and 720 Walton Way, 618 Sibley Street, #6 Sherman Street, 1140 Merry Street, 226 Holloway Drive, 225 and.227 Wise Drive, 1810 Broad Street, 3421Peach Orchard Road, 3626 Richmond HiII Road and 3951 and 3953 Carolyn Street. Mr. Mayor: Commissioner from the 9ft. Ms. Scoff: Motion to approve. Mr. Hasan: Second. Mr. Mayor: Voting. Director Edwards, approach please. Motion carries 8-0. Mr. Mayor: Thank you, Madam Clerk. I believe this takes us to our special called meeting agenda. We have a number of items that require our attention. The Chair recognizes Madam Clerk. 4. Motion to approve submission of the F f 2020 - Fy 2024 Consolidated Plan and F"Y 2020 and FY 2021Annual Action Plans and authority for the Mayor, as Augusta, Georgia's Certiffing Official, to execute the documents, including but not limited to, the SF-424s and Certifications and Assurances required to be included with this submission and approval of the submission for the acceptance of the award for Augusta, Georgia under the CDBG - CV 3 allocation from the CARES Act, as previously approved by Commission at the January 61 2021 Commission meeting. @equested by the Administrator) Mr. Mayor: The Chair recognizes Administrator Donald to open us up. Mr. Donald: Yes, sir. Again fairly routine process but with the influx of CARES Act funding and other funds that we have, you've approved the CARES Act funding on individual basis as we received those but you have to also approve the Consolidated Plan and so we've included all required documents but the timing of such by HUD has been moved up a little bit and so it is imperative that we get these approvals today. Mr. Sias: Move to approve. Mr. Hasan: Second. Mr. Mayor: Commissioner from the 4ft made the motion, second was from the 6th. Voting. Motion carries 8-0. Mr. Mayor: Madam Clerk, Administrator Donald, I'd like to move for consensus for item 3, 5 and 6 without objection. Madam Clerk, we'll take 3, 5 and 6, voting on them as consensus items. Motion to approve the Runway 17135 Cleaning and Centerline Repainting to ensure compliance with FAA Standards. Motion to approve Housing and Community Development Department's (HCD's) request to provide HOME Funding to assist three (3) low to moderate income homebuyers with gap financing down payment, and closing cost to purchase homes through the Homebuyer Subsidy Program. @equested by the Administrator) Motion to approve Housing and Community Development Department's (HCD's) contract between HCD and Terencce Walker for the down payment subsidy assistance for one (1) single-family unit identified as 924 Boyd Lane. (Requested by the Administrator) The Clerk: Okay. Do we have a motion, sir? Mr. Hasan: Make a motion for the consensus items 31 5, and 6. Ms. McKnight: Second. The Clerk: Is that Mr. Hasan and Ms. Scott, did I hear? Mclfuight. 3. 5. 6. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: Madam Clerk, I believe that's all the business before us for our special called meeting. The Clerk: Yes, sir. Mr. Mayor: Thank you. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on July 14,2021. Clerk of Commission Commission Meeting Agenda 7/20/2021 2:00 PM Motion to approve the Federal Transit Administration (FTA) Section 5310 Grant for FY 2022-2024. Department:Planning & Development Department:Planning & Development Caption:Motion to approve submittal of the funding proposal for Federal Transit Administration (FTA) Section 5310 Enhanced Mobility for Seniors and Disabled Persons to the Georgia Department of Human Services and Central Savannah River Area – Agency on Aging.(Approved by Public Services Committee July 14, 2021) Background:The Federal Transit Administration provides federal funds to the State of Georgia for coordinated human services transportation for elderly and disabled persons. The Augusta Planning and Development Department (APDD) as the Augusta Regional Transportation Study (ARTS) - Metropolitan Planning Organization (MPO) serving the urbanized area of Augusta Richmond County, Georgia and Aiken Co., South Carolina. The Lower Savannah Council of Government (LSCOG) is the direct recipient of these funds and operates Best Friends Express public transit service in Aiken Co. SC. This transit service will serve persons age 60+ and those with disabilities. Analysis:Without approval of this item, the Augusta Planning Development Department cannot proceed with submitting the funding proposal to receive federal and state funds designated to the ARTS MPO area by the FTA and State of Georgia. This will increase public transit services to the elderly and disabled persons in Richmond County and support implementation strategies for Augusta Age-Friendly Program. Financial Impact:The State of Georgia will provide the state matching funds through the Department of Human Services and the Central Savannah River Area – Agency on Aging. The New Grant Proposal was approved by the Administrator’s Office on May 17, 2021. There is no financial commitment needed by Augusta Cover Memo Richmond County. Year 1: $132,000 Year 2: $145,200 Year 3: $159,720 Alternatives:Forfeiture of the funds and the Section 5310 Enhanced Mobility for Seniors and Disabled Persons to the Georgia Department of Human Services and Central Savannah River Area – Agency on Aging for FY 2022-2024. Persons age 60+ and those with disabilities will lose a vital transportation resource. Recommendation:Approve submittal of funding proposal to the GA Dept. of Human Services and Central Savannah River Area – Agency on Aging to receive designated federal and state funds on behalf of the Augusta Regional Transportation Study (ARTS) – Metropolitan Planning Organization (MPO) Funds are Available in the Following Accounts: The New Grant Proposal was approved by the Administrator’s Office on May 17, 2021. There is no financial commitment needed by Augusta Richmond County. Org key: 220016309 Year 1: $132,000 Year 2: $145,200 Year 3: $159,720 REVIEWED AND APPROVED BY: Cover Memo APPLICATION PACKAGE GRANT 45 Mobility of Seniors and Individuals with Disabilities FTA Section 5310 Program Client Transportation Profile Legal Name of Applicant Organization: Augusta Metropolitan Planning Organization Street Address: 535 Telfair Street City, State & Zip: Augusta, GA 30901 Contact Name: Mr. Robert Sherman Telephone #: 706-821-1801 FEI #: Organization is Minority Owned/Operated:  Yes  No (See Appendix C for definitions of minority and minority organizations) Organization Provides Assistance to Minority Communities:  Yes No (See Appendix C for definition of minority community) Organization Service Area Includes the Following Counties: Urbanized portion of Aiken County, SC (LSCOG of Aiken, SC is the “pass- through” recipient of 5310 allocations for FY22, FY23, and FY24) Following this page are the forms that will complete your application for the Section 5310 project. Complete each form using the legal name of your agency and have each form signed and notarized as required. Submit one (1) original by mail or send an electronic copy of the completed application to the Transportation Services Section as listed in Appendix F. Applications can also be submitted, as part of the package, with the Transportation Proposal for coordinated transportation services. Georgia Department of Human Services Page | 2 5310 Application – Grant 45 Client Transportation Profile (for Purchase of Service) Contractor Name: Lower Savannah Council of Contact Name: Dana Luttrull or Rhonda Mitchell Governments (LSCOG) Address: 2748 Wagener Rd; Hwy 302 DHS Division of Service: PO Box 850 City/State/Zip: Aiken, SC 29801 DHS Service Region: 7 Phone #: 803-649-7981 Front Desk County(s) Name: Urbanized portion of Aiken Direct Line(s): 803-508-7059 or 508-7061 County, SC  Urban  Non-Urban Type of Service Needed:  Fixed Route  Demand-Response Project Intent:  New Service  Expansion Transportation Needs in the DHS Service Area. (Data is in number of One-Way Passenger Trips per year): THIS SECTION ONLY DETAILS THE PURCHASE OF SERVICE (trips) PORTION OF THE PROJECT; not the Mobility Management staffing assistance. Client’s Category Estimate Number of One-Way Passenger Trips for Clients Needing Service (estimate of the size of the individual groups in the community who lack transportation) Total Number of One-Way Passenger Trips For Clients Currently Receiving Service (On Trend for FFY2020-21) Estimate Number of Total One-Way Passenger Trips Per Year if Project is Approved Yr 1 / Yr 2 / Yr 3 Mental Disabilities 880 175 200 / 200 / 210 Physical Disabilities 1328 1000 1300 / 1320 / 1350 Elderly 4624 2800 2085 / 2423 / 2778 Transportation Cost for this agency. (Data is an estimate of current cost per One-Way Passenger Trip): Client’s Category Total Cost Services Needed Cost Per Trip X Total Trips = Total Cost Yr 1/ Yr 2/ Yr 3 What Percentage is Covered by Another Funding Source(s)? % of What Source? Estimated Cost for the Section 5310 % Cost Mental Disabilities $ 3,682/ 3,682/ 3,866 20% GDHS 80% FTA 5310 Physical Disabilities $23,933/ 24,301/ 24,854 20% GDHS 80% FTA 5310 Elderly $38,385/ 44,607/ 51,143 20% GDHS 80% FTA 5310 (Request for an increase of 10% in annual funding each consecutive year for program growth) If more than one funding source is applicable, then list the other source indicating the percentages. Fund Source Percentage Georgia Department of Human Services Page | 3 5310 Application – Grant 45 Days of Transportation Services Needed Weekly: Monday - Friday (Example: Monday-Friday) Number of Days Transportation Services Needed Annually:.250/250/250 (Yr 1/2/3) (Example: 250 Days) Hours of Transportation Services Needed Daily: POS trip service from 7:00am-5:00pm Mobility Management staffing M-Th 8am – 5pm & Fridays 8am – 4pm Georgia Department of Human Services Page | 4 5310 Application – Grant 45 EXHIBITS Georgia Department of Human Services Page | 5 5310 Application – Grant 45 EXHIBIT 17 SECTION 5310 PROJECT DESCRIPTION (See Instructions on next page) 1. Applicant: Augusta MPO on behalf of Lower Savannah Council of Governments 2. Address: LSCOG: 2748 Wagener Rd; Hwy 302; PO Box 850; Aiken, SC 29802 3. Contact Person: Mariah Harris, MPO / Dana Luttrull or Rhonda Mitchell, LSCOG 4. Telephone: 803-508-7059 & 7061 LSCOG / Augusta MPO 706-821-1810 5. New Applicant: (Y) (N) No 6. Urban Status: [ ] Non-urbanized area [ X] Urban area 7. County(s) to be served: County 1 Aiken 2 3 4 5 6 8. Total project cost: $132,000 Yr 1 / $145,200 Yr 2 / $159,720 Yr 3 One half of each year’s funding request is for trip service with the other half reserved for mobility management service. 9. Types of service provided: [X ] Demand Responsive [ ] Expand existing service [ ] Fixed Route [ ] Start new service [X ] Other (specify)Mobility Man. [ ] Replace existing service 10. Operations: Hours of service: 7a – 5p M-F Days of Service: Approx. 250 each yr 11. Clients Served; Percent and Number: # of clients over three years Client Group Number Percentage Elderly 512 61% Disabled 286 34% Other (Specify) Mental Disability 42 5% Total 840 100% Georgia Department of Human Services Page | 6 5310 Application – Grant 45 12. Number of passenger seats available in your fleet as of 10/1/2020: 70 13. Description of current vehicle fleet: include DHS owned, and all other vehicles. (Attach additional sheets, if needed) Year Make / model Capacity (Amb / Lift) Owner 2015 Cutaway Goshen Impulse 14 / with lift Aiken Senior Life Services 2017 Cutaway Goshen Impulse 14 / with lift Aiken Senior Life Services 2017 Cutaway Goshen Impulse 14 / with lift Aiken Senior Life Services 2018 Cutaway Starcraft Allstar 14 / with lift Aiken Senior Life Services 2018 Cutaway Starcraft Allstar 14 / with lift Aiken Senior Life Services THESE ARE THE MOST COMMONLY USED VEHICLES FOR 5310 COORDINATED TRIPS FROM THE SERVICE PROVIDER’S FLEET 14. Project description narrative: (See attached) 15. Does your agency contract with DHS? (No) 16. If yes, for which DHS Program? PROJECT DESCRIPTION NARRATIVE INSTRUCTIONS FOR COMPLETING PROJECT DESCRIPTION Georgia Department of Human Services Page | 7 5310 Application – Grant 45 1-5. General Information – Enter the name of applicant organization, address, contact person and telephone number - if applicant is not the agency which will provide services, please provide an explanation in your Project Description. 6. Urban Status - An urbanized area has a population of 50,000 or more and is so designated by the U.S. Bureau of Census. Non-urbanized, rural or small urban area - these terms are used interchangeably to mean any area outside an urbanized area with a population of less than 50,000. 7. County(ies) to be served - List the county(s) in which service is to be provided in. 8. Project cost – Enter the total project cost from your estimated budget. 9. Types of service - Demand responsive includes dial-a-ride and door-to-door specialized service. Fixed route refers to service following an established route or schedule. 10. Operations - Specify the routine hours of service (example: 9:00 a.m. to 3 p.m.) and days of service (example; Monday to Friday). 11. Clients Served - Estimate the percent, within each client category, that your agency serves. 12. Project description - Fully discuss the items listed in section II-Application Package, B. Application Requirements. This section is your opportunity to describe the service to be provided and demonstrate the fiscal, managerial and operational capabilities of your organization. Describe the clientele that will be receiving the service; estimate the monthly number of passenger trips to be provided; document your organizations' ability to provide transportation service in an efficient and effective manner, including data such as operating cost/mile, passenger trips/vehicle mile, operating cost/passenger trip and any other information that reflects the quality and efficiency of your organization; list the type and number of personnel such as, drivers, dispatchers, mechanics, etc. and if the employees are paid or are volunteers and if they are full or part time; describe provisions made to ensure proper maintenance of vehicles and indicate who will provide the maintenance; describe the driver hiring process and training given to the drivers; specify the percentage and dollar amount your organization is willing to contribute towards the total cost of your project (this is also your certification that the local match dollars are available) Once again, your application will be rated on your response to the elements in part I.D. of this guide. 13. Contractor status - circle yes if your organization provides services to DHS as a contractor or subcontractor. If your response is yes, then list the DHS program that you provide services for. Examples of these programs would be Aging Services, Mental Health, Developmental Disabilities and Addictive Diseases, DFCS, Rehabilitative Services, etc. Georgia Department of Human Services Page | 8 5310 Application – Grant 45 EXHIBIT 18 SAMPLE PUBLIC NOTICE FOR SECTION 5310 TO BE POSTED ON PRIME CONTRACTOR’S (APPLICANT ORGANIZATION) WEBSITE The Department of Human Services, Office of Facilities and Support Services, Transportation Services Section requires a statement be posted on the Prime Contractor’s (Applicant Organization) website notifying the public the Applicant Organization has applied for Section 5310 funds. The below should be posted on the Applicant Organization’s website. Once posted a copy or screen shot should be sent to the Department of Human Services, Regional Transportation Office located in the Applicant Organization’s area. The Lower Savannah Council of Government is applying for funding under the Section 5310 Mobility of (Private Nonprofit or Public Body) Seniors and Individuals with Disabilities Transportation Program to meet the special needs of elderly and disabled individuals located in Aiken County (list city/counties or area served). To assure that private for-profit transportation providers have a fair opportunity to participate in the development of this program, the _Lower Savannah Council of Government solicits private sector input and participation. (Private Nonprofit or Public Body) Disadvantage Business Enterprises and any private for-profit transportation operator interested in providing or participating in any or all the above services should submit a written notice of intent to: (Provide contact information.) Georgia Department of Human Services Page | 9 5310 Application – Grant 45 EXHIBIT 19 FEDERAL TRANSIT ADMINISTRATION CIVIL RIGHTS ASSURANCE The Augusta Metropolitan Planning Organization hereby certifies that, as a condition to receiving (Private Nonprofit or Public Body) Federal financial assistance under the Federal Transit Act of 1964, it will ensure that: 1. No person on the basis of race, color, or national origin, will be subjected to discrimination in the level and quality of transportation services and transit related benefits. 2. The Augusta Metropolitan Planning Organization will compile, maintain, and submit in a timely (Private Nonprofit or Public Body) manner Title VI information required by FTA Circular 1160.1A and in compliance with the Department of Transportation's Title VI regulation, 49 CFR Part 21.9.Z 3. The Augusta Metropolitan Planning Organization will make it known to the public that those person (Private Nonprofit or Public Body) or persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation. The person whose signature appears below is authorized to sign this assurance on behalf of the recipient. DATED: Signature Robert Sherman III Director of Augusta Planning & Development Name and Title of Authorized Officer Georgia Department of Human Services Page | 10 5310 Application – Grant 45 EXHIBIT 20 TITLE VI RIDERSHIP INFORMATION COUNTY: URBANIZED PORTION OF Aiken County AGENCY: Lower Savannah Council of Government Number of Persons likely to receive service. (Estimate). Percentage of Service Area Population By Minority Group Number of Persons Expected to Be Served ______69___% White ____50,433_____ _______24__% Black ____17,891_____ ______5___% Hispanic ___4,031______ ____0.08_____% Asian-Pacific _____60____ ______1___% Asian-Indian ___781______ _____0.1____% Native American ___97______ ___100___% TOTAL ___73,293______ Georgia Department of Human Services Page | 11 5310 Application – Grant 45 EXHIBIT 21 STANDARD ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The __Augusta Metropolitan Planning Organization (hereinafter referred to as the (Private Nonprofit or Public Body) "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D-42 U.S.C. 2000D-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, Nondiscrimination Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Federal Transit Administration (FTA), and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with a project under the Federal Transit Act of 1964, (The FTA Act) and, in adapted form in all proposals for negotiated agree-ments: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D to 2000D-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. Georgia Department of Human Services Page | 12 5310 Application – Grant 45 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties; (a) for the subsequent transfer of real property acquired or improved under this project, and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under this project. 8. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub grantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under Federal Transit Programs and is binding on it, other recipients, sub grantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Transit Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. DATED:_____________________ __ __Robert Sherman III, Director Augusta Planning & Development Signature of Authorized Officer Name and Title of Authorized Officer Attachments: Appendices A, B, and C Georgia Department of Human Services Page | 13 5310 Application – Grant 45 (Appendix A to Title VI Assurance) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter, referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Recipient, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination or suspension of the contract in whole or in part. 6. Incorporation of Provisions: The contractor shall include provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Georgia Department of Human Services Page | 14 5310 Application – Grant 45 (Appendix B to Title VI Assurance) The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, in accordance with the Federal Transit Act and the policies and procedures prescribed by the Federal Transit Administration of the Department of Transportation and, also in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as to the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000D TO 2000D-4), does hereby remise, release, quitclaim and convey unto the Augusta Metropolitan Planning Organization_ (hereinafter referred to as the (Name of Applicant) "Recipient") all the right, title, and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the Recipient, its successors and assigns. The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, it successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over and under such land hereby conveyed (,) (and)* (2) that the Recipient shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Georgia Department of Human Services Page | 15 5310 Application – Grant 45 (Appendix C to Title VI Assurance) The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the _Augusta Metropolitan Planning Organization (hereinafter referred to as the “Recipient") (Name of Applicant) pursuant to the provisions of Assurance 10(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (add, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantees, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to re-enter said lands and the facilities thereon, the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Recipient and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Recipient pursuant to the provisions of Assurance 7(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination and (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964), and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* Georgia Department of Human Services Page | 16 5310 Application – Grant 45 That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to re-enter said lands and the facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Recipient and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Georgia Department of Human Services Page | 17 5310 Application – Grant 45 EXHIBIT 22 FTA CERTIFICATIONS AND ASSURANCES (Completed and Attached by DHS) Georgia Department of Human Services Page | 18 5310 Application – Grant 45 EXHIBIT 23 PRIVATE NONPROFIT or PUBLIC BODY BOARD RESOLUTION WHEREAS, THE (Augusta Metropolitan Planning Organization) hereinafter referred to (Legal Name of Organization) as the "Applicant" has requested assistance from the Georgia Department of Human Services for the purpose of capital assistance; and WHEREAS, this project is considered to be important and necessary to public transportation in __Aiken___________________________; and (City/County) THAT the Applicant while making application to or receiving grants from the Federal Transit Administration will comply with the Federal statutes, regulations, executive orders and administrative requirements as listed in Appendix A of the FTA Circular FTA C 9070.1C and as also included in Appendix B of the Georgia Department of Human Services State Management Plan and Application Package for Elderly and Disabled Transportation inclusive; THAT the Applicant has or will make available in the required amounts non-federal funds to meet local share requirements; THAT ____Robert Sherman III, Director, Augusta Planning and Development is empowered to sign (Name and Title of Designated Official) contract on behalf of the Applicant; and THAT the above named official may sign on behalf of the Applicant any assurance, certification, or other documentation that may be required as a part of the application submitted. Passed this ____________________________day of ____________, 20___ _______________________________________________________________ Board Chairman Signed, sealed and delivered this ________________________day of ____________________, 20____ in the presence of: ____________________________________ _________________________________ Witness Notary Public - Notary Seal Georgia Department of Human Services Page | 19 5310 Application – Grant 45 EXHIBIT 24 Georgia Department of Human Services Coordinated Transportation System Federal Transit Administration Section 5310 Grant Procurement & DBE Documentation DHS Region: Amount of 5310 Funds in FY20 Contract: Contractor: Did you provide direct transportation services to consumers with some or all the 5310 funds you received from DHS? Did you purchase transportation services (i.e., trips from a subcontractor) with any the 5310 funds you received from DHS? If yes, please detail procurements below. Do you have written procurement procedures that comply with FTA C 4220.1F? Did you purchase goods or services (other than purchasing trips from a subcontractor) with any the 5310 funds you received from DHS? If yes, please detail procurements below. If you did not purchase transportation services from subcontractors or purchase other goods and services with the 5310 funds, what were the 5310 funds used for? Purchases over $100,000 Name of Prime or Subcontractor Item Procured Sealed bid or RFP? Name of Selected Bidder/Offeror Does this entity qualify as a DBE? If yes, attach documentation. How many Bidders/Offerors responded? Was the Invitation to Bid or RFP publicly advertised? Total Cost (5310 only) Small Purchases ($3,001 - $99,999) Georgia Department of Human Services Page | 20 5310 Application – Grant 45 Name of Prime or Subcontractor Item Procured From whom was it purchased? Does this entity qualify as a DBE? If yes, attach documentation. Cost How many quotes were requested and received before making this purchase? Are the quotes available for review? Micro-purchases (less than $3,000) Name of Prime or Subcontractor Item Procured From whom was it purchased? Does this entity qualify as a DBE? If yes, attach documentation. Cost Is documentation available to support this purchase as being fair and equitably distributed? Georgia Department of Human Services Page | 21 5310 Application – Grant 45 EXHIBIT 25 Sample Memo for the adoption of the DHS Title VI Plan To Whom It May Concern: In Lieu of developing a separate Title VI Plan, Xyz Contractor, Inc. agrees to adopt and comply with the Georgia Department of Human Services, Transportation Services Section’s Title VI Plan, updated February 2011. The adopted Title VI Plan is attached for reference. Sincerely, _____________________________________ (Signature) _____________________________________ (Title) _____________________________________ (Date) Georgia Department of Human Services Page | 22 5310 Application – Grant 45 EXHIBIT 26 SECTION 5310 GRANT APPLICATION CHECKLIST PREPARED BY: ________________________________ PHONE: ___________ Indicate by N/A any items that are not applicable. 1. Project Description x All sections of (Exhibit 17) complete. 2. Applicant Certifications x Written certification on nonprofit or public body status x Written certification of equivalent transportation services for persons with disabilities. 3. x Copy of public notice or private enterprise notification (Exhibit 18) 4. Civil Rights Requirements a. FTA Civil Rights Assurance (Exhibit 19) x b. Title VI Ridership (Exhibit 20) c. U.S. D.O.T. TITLE VI Assurance (Exhibit 21) 5. Certifications and Assurances for FTA Assistance DHS All sections of (Exhibit 22) complete 6. Private Enterprise Coordination Private Nonprofit or Public Body Board Resolution (Exhibit 23) 7. Procurement & DBE Documentation (Exhibit 24) 8. N/A Memo for the adoption of the DHS Title VI Plan (Exhibit 25) LSCOG will not adopt DHS Title VI Plan as LSCOG has a FTA approved Title VI Plan of their own 9. x Original and one copy 10. Application Checklist (Exhibit 26) x All above items have been addressed Georgia Department of Human Services Page | 23 5310 Application – Grant 45 APPENDICES Georgia Department of Human Services Page | 24 5310 Application – Grant 45 APPENDIX A PRIVATE ENTERPRISE COORDINATION REQUIREMENTS Requirements 1-3 are addressed in the application process. 1. The current participation of private providers in Section 5310 supported services. 2. All efforts to provide written notice to private providers of proposed services. 3. All forums, meetings, hearings, or other opportunities for involving the private sector early in the project development process. The remaining requirements 4-9 are to be addressed, as appropriate, maintained on file and kept current by the applicant. 4. Description of private sector proposals, if any, offered for consideration, and the rationale for inclusion or exclusion. 5. Methods for periodically reviewing existing services to determine whether they can be provided more efficiently by the private sector. 6. Any locally established criteria for making public/private service decisions. 7. The local methodology for making true cost comparisons when there are two or more operators interested in providing service. 8. Any complaints from private operators and how these were resolved, and the local mechanism for resolving complaints. Georgia Department of Human Services Page | 25 5310 Application – Grant 45 APPENDIX B LISTS OF STATUTES, REGULATIONS, EXECUTIVE ORDERS, AND ADMINISTRATIVE REQUIREMENTS APPLICABLE SECTION 5310 (Briefly described and provided for the convenience of the applicant.) STATUTES Section 3(e) of the FTA Act, 49 U.S.C. 1602(E) which requires, among other things, the recipient to provide to the maximum extent feasible for the participation of private mass transportation companies. Section 12(c) of the FTA Act, 49 U.S.C. 1608(C) Which, among other things, prohibits discrimination on the basis of race, color, creed, national origin, sex or age. Section 5310 of the FTA Act, 49 U.S.C. 1612 which provides, among other things, for the planning and design of mass transportation facilities to meet the special needs of the elderly and disabled. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d) which, among other things, prohibits discrimination on the basis of race, color or national origin by recipients of Federal financial assistance. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000(a) which, among other things, prohibits discrimination in employment. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 which, among other things, prohibits discrimination on the basis of handicap by recipients of Federal financial assistance. "Hatch Act,” 5 U.S.C. 1501, et seq. which, among other things, imposes certain restrictions on political activities of recipients of federal financial assistance. "Buy America Requirements," Section 5310 of the Surface Transportation Assistance Act of 1982, P.L. 97-424. Which, among other things, requires that steel, cement and manufactured products procured under FTA-funded contracts of a certain size be of domestic manufacture or origin (with four exceptions). Contract Work and Safety Standards Act, 40 U.S.C. 327-333 which, among other things, establishes the required basis and conditions for hours of work and for overtime pay of laborers and mechanics, and directs the Department of Labor to formulate construction safety and health standards. National Environmental Policy Act of 1969, 42 U.S.C. 4321, ET. SEQ. which, among other things, prohibits Federal assistance that will adversely affect the quality of the environment. Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 U.S.C. 1251, ET SEQ which, among other things, sets limits on pollutants discharged in international waterways and requires safeguard against spills from oil storage facilities. Clean Air Act of 1955, as amended, 42 U.S.C. 7401, ET SEQ. which, among other things, establishes national standards for vehicle emissions Energy Policy and Conservation Act, 42 Georgia Department of Human Services Page | 26 5310 Application – Grant 45 U.S.C. 6321 which, among other things, authorizes development and implementation of state energy conservation plans. National Flood Insurance Act of 1969, 42 U.S.C. 4011, ET SEQ. which, among other things, authorizes a national flood insurance program. Flood Disaster Protection Act of 1973, 42 U.S.C. 4012A, ET SEQ. which among other things, requires the purchases of flood insurance by recipients of federal financial assistance who are located in areas having special flood hazards. The Safe, Accountable, Flexible, Efficient Transportation Equity Act, a Legacy for Users (Public Law 109-059) signed into law on August 10, 2005,and codified in 49 U.S.C. Chapter 53. REGULATIONS 49 C.F.R. Part 600, et seq. regulations promulgated by FTA 49 C.F.R. Parts 18,20,21, 23, 24, 25, 27, 29, 37, 38,639,661,663 and 665 regulations promulgated by the Department of Transportation governing Title VI of the Civil Rights Act of 1964, Minority Business Enterprise, Relocation and Land Acquisition, Uniform Relocation Assistance and Real Property Acquisition, Nondiscrimination on the Basis of Handicap, Drug-Free Workplace Act of 1988, Bus Testing, Transportation for Individuals with Disabilities, Pre-award and Post-delivery audits, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, New Restrictions on Lobbying, Capital Leases, 56 Fed. Reg. 51786, dated 10-15- 91, Buy America Requirements: Surface Transportation Assistance Act of 1982, respectively. 0 C.F.R. Part 601 regulations promulgated by the Department of Energy governing Restrictions on Lobbying. 36 C.F.R. Part 800 regulations promulgated by the Advisory Council on Historic Preservation. 46 C.F.R. Part 381 regulations promulgated by the Maritime Administration governing cargo preference requirements. 31 C.F.R. Part 205 regulations promulgated by the Department of Treasury governing letter of credit. 40 C.F.R. Part 15 regulations promulgated by the Environmental Protection Agency pertaining to administration of Clean Air and Water Pollution requirements for grantees. EXECUTIVE ORDERS E.O. 11988 which establishes certain specific requirements related to flood protection and control. E.O. 12372 which rescinds OMB Circular A-95 and establishes new requirements currently being implemented. Georgia Department of Human Services Page | 27 5310 Application – Grant 45 APPENDIX B (continued) ADMINISTRATIVE REQUIREMENTS Office of Management and Budget (OMB) Circular A-87 which provides costs principles applicable to grants and contracts with State and local governments. Office of Management and Budget (OMB) Circular A-102 which provides uniform requirements for assistance to State and local governments. Federal Transit Administration Circular FTA C 9070.IF Dated May 1, 2009, Elderly Individuals and Individuals with disabilities Program Guidance and application Instructions Georgia Department of Human Services Page | 28 5310 Application – Grant 45 APPENDIX C DEFINITIONS Applicant - A private nonprofit organization or public body which applies to the department for financial assistance under the Section 16 capital assistance program. Capital Equipment - Vehicles and ancillary support equipment with a multi-year usable life. For the purpose of this program this includes, but is not limited to vehicles, radios, passenger shelters, etc. Elderly Person - All persons age 60 and over. Eligible Services - Transportation services intended for regular non-emergency passenger use with priority given to the elderly and disabled. Other services (e.g., special charters) are allowed, however, these must be incidental and not in conflict with regular schedules or services. Disabled Person - Individuals who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including those who are non-ambulatory wheelchair bound and those with semi-ambulatory capabilities are unable, without special facilities or special planning or design, to utilize mass transportation facilities and services effectively. Incidental Use - The use of equipment or facilities purchased under this grant program for other than principle grant related purposes. Metropolitan Planning Organization (MPO) - Organizations designated by the Governor which, together with the state, are responsible for transportation planning in urbanized areas. Program of Projects means a list of projects to be funded in the grant application submitted to FTA by a State. The program of projects (POP) lists the sub recipients and indicates whether they are private non-profit agencies or local government authorities, designates the areas served (including rural areas), and identifies any tribal entities. In addition, the POP includes a brief description of the projects, total project cost and Federal share for each project, and the amount of funds used for program administration from the 10 percent allowed. Human Service Transportation means transportation services provided by or on behalf of a human service agency to provide access to agency services and/or to meet the basic, day-to-day mobility needs of transportation-disadvantaged populations, especially individuals with disabilities, older adults, and people with low incomes. Locally Developed Coordinated Public Transit-Human Services Transportation Plan means a plan that identifies the transportation needs of individuals with disabilities, older adults, and people with low incomes, provides strategies for meeting those local needs, and prioritizes transportation services for funding and implementation. Minority Communities – A community that has a percentage of minority population greater than the percentage of minority population in the state. Minority Individual – A person whose origins are in any of the black racial groups of Africa; a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race; a person who is an American Indian, Eskimo, Georgia Department of Human Services Page | 29 5310 Application – Grant 45 Aleut, or Native Hawaiian; a person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the US Trust Territories of the Pacific, or the Northern Marianas; or a person whose origins are from India, Pakistan, or Bangladesh. Minority Organization – A small business concern which is at least 51 percent owned by one or more minority individuals or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minority individuals, and whose management and daily business operations are controlled by one or more of the minority owners. Nonprofit Organization - A corporation or association determined by the Secretary of the Treasury to be an organization described by 26 USC Section 501(C) which is exempt from taxation under Section 501(a) or 101 or one which has been determined under state law to be nonprofit and for which the department has received documentation certifying the status of nonprofit organization. Non-Urbanized Areas - Areas with a population of less than 50,000. Private - means nonpublic, to wit: bodies which are not municipalities or other political subdivisions of states; are not public agencies or instrumentalities of one or more states; are not Indian tribes; are not public corporations, boards, or commissions established under the law of any state; or are not subject to control by public authority, state or municipal. Recipient - An applicant which has been awarded financial assistance under the Section 5310 capital assistance program. Sub-Recipient – means a private non-profit organization, if the public transportation service provided is unavailable, insufficient, or inappropriate; or a governmental authority that is approved by the State to coordinate services for elderly individuals and individuals with disabilities or certifies that there is not any non-profit organizations readily available in the area to provide services. Service Area – Is the geographic area which elderly and disabled clients will be served using funds from this grant. Transportation Improvement Program (TIP) - A list of transportation projects for which funding will be sought over a three to five year period prepared by the MPO representing an urbanized area. Urbanized Areas - Areas designated by the Bureau of Census, with a population of 50,000 or more. APPENDIX D REQUIRED CERTIFICATIONS FOR PURCHASES OF SERVICES Appendix D is not used as part of the application process for FTA Program 5310 funds in the State of Georgia. Funds under this grant will be used in purchase of service agreements. Georgia Department of Human Services Page | 31 5310 Application – Grant 45 APPENDIX E DHS COORDINATED TRANSPORTATION MAP Georgia Department of Human Services Page | 32 5310 Application – Grant 45 APPENDIX F DHS REGIONAL TRANSPORTATION COORDINATORS Georgia Department of Human Services Page | 33 5310 Application – Grant 45 Georgia Department of Human Services Page | 34 5310 Application – Grant 45 APPENDIX G FEDERAL REGISTER (www.fta.dot.gov) Commission Meeting Agenda 7/20/2021 2:00 PM Open Records and Credit Card Ordinance Department:Administration Department:Administration Caption:Motion to approve Open Records documents and final DRAFT version of the credit card ordinance, resolution, and user agreement. (Approved by Administrative Services Committee July 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo OFFICE OF THE ADMINISTRATOR Odie Donald II, MBA Administrator Augusta-Richmond County Municipal Building Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2504 Fax (706) 821-2819 www.augustaga.gov PUBLIC RECORDS REQUEST Augusta-Richmond County is dedicated to complying with the Georgia Open Records Act. In order to provide you with responsive records in as efficient and economical manner as possible, we request that you complete this written request for records in its entirety. Your contact information will allow us to provide you with an estimate of the cost to retrieve and prepare the records. Requestor Information: Name: ____________________________________________________________ Organization (if applicable): _____________________________________________ Address: __________________________________________________________ City: __________________ State: _______________ Zip: ___________ Phone Number: ______________________________________________________ Email Address: ______________________________________________________ Records Requested: Subject Matter: ______________________________________________________ Description of Request (Be as specific as possible, including names, dates, case numbers, etc., if known): ___________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Please indicate type of request by checking one of the boxes below: Only to review/inspect Electronic copies when available Paper copies I agree to pay any copying and/or administrative costs incurred in fulfilling my requests to the extent permitted by Georgia law. Such costs may include copying charges at $.10 per page and administrative charges for search, retrieval, redaction, and other direct costs. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however that no charge shall be made for the first fifteen minutes. Deposit may be required. Requestor Name (Print): __________________________ Requestor Signature: _____________________________ Date: _______ OFFICE OF THE ADMINISTRATOR Odie Donald II, MBA Administrator Augusta-Richmond County Municipal Building Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2504 Fax (706) 821-2819 www.augustaga.gov Please return this form to: Augusta-Richmond County Government Attn: Open Records Officer 535 Telfair Street, Suite 910 Augusta, Georgia 30901 OFFICE OF THE ADMINISTRATOR Odie Donald II, MBA Administrator Augusta-Richmond County Municipal Building Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2504 Fax (706) 821-2819 www.augustaga.gov AUGUSTA, GEORGIA OPEN RECORDS POLICY AND PROCEDURES PURPOSE: Establishment of a legal and systematic response and completion of Open Records Request (ORR) made to the Augusta, Georgia. OBJECTIVES: • Ensure adherence of Georgia Open Records Act, O.C.G.A 50-18-70, et. seq.: o All City records are subject to the Open Records and shall be available to the public. The Open Records Officer or designee shall comply with any valid request under the Georgia Open Records Act and prepare any requested material. o All requests made under O.C.G.A 50-18-17 et seq, shall be made to the Open Records Officer or assigned designee. • Abide by O.C.G.A 50-18-71 (b)(2) designation of the Open Records Officer of Augusta- Richmond County as the Open Records Officer. In Open Records Officer’s absence, his or her designee(s) will accept requests for open records. • Ensure that all formal requests for Public Records pursuant to the Georgia Open Records Act are processed and completed in a consistent and uniform manner. • Ensure that all documents requested are reviewed and redacted in a manner consistent with O.C.G.A 50-18-70. • Ensure a commitment to an open government and transparency of public records. DEFINITONS: • Records – All documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use. (O.C.G.A. § 50-18-70 (b)2) • Three Business Days – Days that Augusta-Richmond County Municipal Building is open to the public constitutes a business day, generally Monday through Friday 8:30 am to 5:00 pm. However, holidays or days that the Augusta-Richmond County Municipal Building is closed for business do not count as business days. The process begins the first business day following the date an ORR is received. (Example: An ORR is received on Thursday. Friday, Monday and Tuesday will constitute three business days.) • Fees – A fee may be charged for research, retrieval, monitoring, redaction and other direct administrative costs involved with the request, after the first 15 minutes of employee time expended. This fee represents the salary of the lowest paid fulltime OFFICE OF THE ADMINISTRATOR Odie Donald II, MBA Administrator Augusta-Richmond County Municipal Building Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2504 Fax (706) 821-2819 www.augustaga.gov employee with the necessary skill and training to perform the request. Fees may be charged for the actual cost of reproduction. o Additionally, photocopies must be furnished, if requested, at a charge of $0.10 per page. ▪ Costs under $25 Requestor notified of charge No prepayment required ▪ Costs $25 - $99 Requestor notified of charge No prepayment required ▪ Costs $500 and over Requestor notified of charge Prepayment required • Redaction of Information – Many documents/materials are exempted from release in their entirety and these items may be completely removed from the record. Other documents/materials may contain only specific information which is exempted from release. In these instances, a photocopy of the document will be made, and the legally exempted information will be redacted PROCESS: • Formal Requests for Information: o Shall be made in writing o May be completed by using the city website or in office (Public Request Form) o May be mailed or emailed to the City Open Records Officer • Receipt of Request: o All Open Record Requests, except for Routine Sheriff’s Office requests, will be forwarded to the Open Records Officer. o Open Records Officer or designee will immediately log the request into the Open Records Request Log/Software. An Open Records number will be assigned. o Open Records Officer or designee will notify the appropriate Department Director or open records designee. o Department Director or open records designee will advise Open Records Officer or designee of the time necessary to fulfill the request. If unable to fulfill the request within three (3) business days, the Department Director or Designee will provide a timetable and a description of documents being researched, as well as any readily available documents, to the Records Officer within two (2) business days. o Open Records Officer or designee will notify the requester within three (3) business days of receipt of request that their request has been received, the date the request will be completed, and any fees associated with the request. o Should the request require more than three (3) business days to complete, the Open Records Officer or designee will provide a timetable and description of documents to the requester. The Open Records Officer or designee may also request clarification (if needed) of the exact records being requested if a search provides an unusually high volume of documents. OFFICE OF THE ADMINISTRATOR Odie Donald II, MBA Administrator Augusta-Richmond County Municipal Building Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2504 Fax (706) 821-2819 www.augustaga.gov o If a request takes more than three (3) business days to complete and some, but not all, documents are readily available, the available documents must be sent to the requester within the three (3) business days. • Records Administrator, with input from Department Director/Designee and/or County Administrator will determine if an Open Records Request should be referred to legal counsel. Triggers review by counsel may include, but are not limited to, pending, threatened or potential litigation, personnel matters, medical information, information involving children, high profile crimes, the acquisition or transfer of any type of property, or perceived invasion of privacy. If there is a doubt, legal counsel should be sought. Redaction of Documents: • All private information shall be redacted before documents are released to the requester. These include, but are not limited to: social security numbers, mother’s maiden name, credit card and debit card information, bank account number, account number, password information, financial data and information; medical information, insurance information, unlisted (if designated) phone numbers, personal email addresses and cell phone numbers, documents under the attorney/client privilege, employees’ phone numbers and addresses. o Pursuant to O.C.G.A. 50-18-71 (d) In any instance the City has “decided to withhold all or part of a requested record, the agency shall notify the requester of the specific legal authority exempting the requested record or records from disclosure by Code section, subsection, and paragraph….” Please note that documents containing a “cc” to the City Attorney or legal counsel does not automatically imply attorney/client privilege. County Commission Open Record Request Obligations: County Commission members are also subject to Open Records Requests for any emails or documents that reside on Augusta, Georgia email servers as well as their personal computers. City/County business conducted on personal computers is subject to Open Records Requests. If a Commission member sends an email regarding any city/county business from their personal computer, the email should also be forwarded to the Commission member’s official city email account. This will help minimize the need for a separate search of personal computers for city business emails or documents. Open Records Officer (Open Records Officer) may request Commission members to search their personal computers for email or documents that could potentially fulfill an Open Records Request (ORR). Every effort must be made to produce all documents responsive to every open records request OFFICE OF THE ADMINISTRATOR Odie Donald II, MBA Administrator Augusta-Richmond County Municipal Building Administrator’s office 535 Telfair Street, Suite 910 Augusta, Georgia 30901 Office (706) 821-2504 Fax (706) 821-2819 www.augustaga.gov Commitment to Open Government and Transparency Legal exceptions to production, such as for privacy and confidentiality, will be narrowly construed to protect the public’s interest in open records. In instances in which documents are lawfully redacted, such redactions shall be plain, visible and obvious on the face of the document (s) produced. Completed Request Return to Requester: • Department Director or Designee will forward all documents fulfilling the Open Records Request to the Open Records Officer or electronic platform. • General Counsel in concert with the Open Records Officer will inspect all outgoing documents to ensure that they have been redacted properly and meet the requirements of the request. • Requester will be notified once documents are ready for delivery and determine from requester his/her preferred method of delivery. Where applicable an invoice will be issued. • Open Records Officer or designee may email, mail, or arrange for pick up, the fulfilled Open Records Request. Open Records Request Completion: • Records Officer will update the Open Records Log/Software to reflect completion of the request. AN ORDINANCE TO AMEND THE CODE OF AUGUSTA, GEORGIA WITH RESPECT TO ELECTED OFFICIALS PURCHASING AND CREDIT CARDS; AND FOR OTHER PURPOSES. WHEREAS, effective January 1, 2016, O.C.G.A. § 36-80-24 prohibits county elected officials from using county purchasing/credit cards unless the county governing authority authorizes the issuance of such cards by public vote and has promulgated specific policies regarding the use of such cards; WHEREAS, the Augusta, Georgia Commission promulgates this ordinance as the official policy of Augusta-Richmond County, Georgia. WHEREAS, the Augusta, Georgia Commission has a strong interest in safeguarding and promoting the public health, safety, and general welfare of all citizens through the adoption of this ordinance. NOW, THEREFORE, The Augusta, Georgia Commission hereby ordains as follows: TITLE 1. Chapter 10, of the Code of Augusta, Georgia, is hereby amended by adding a new article, ARTICLE 10C entitled “Elected Officials Purchasing and Credit Cards,” so that said new section is as follows: “CHAPTER 10. – Procurement ARTICLE 10C. Elected officials purchasing and credit cards. I. Intent and Scope. This ordinance, consisting of sub sections (a) through (g) is intended to comply with the policy requirements of O.C.G.A. § 36-80-24 regarding the use of county issued government purchasing card and credit cards. II. Definitions. 1) “Authorized elected official” means an elected official designated by public vote of the Augusta, Georgia Commission to receive a county issued purchasing or credit card. 2) “Card Administrators” means the Purchasing Administrators. 3) “County” means Augusta, Georgia. 4) “County purchasing card,” “county P-card” or “county credit card” means a financial transaction card issued by any business organization, financial institution, or any duly authorized agent of such organization or institution, used by a county official to purchase goods, services and other things of value on behalf of the county. 5) “Financial transaction card” means an instrument or device as the term is defined in O.C.G.A. § 16-9-30(5). 6) “User agreement” means the required agreement between the county and the authorized elected officials and/or their employees that restricts the use of a county purchasing or credit card. III. Designated Elected Officials. The Augusta, Georgia Commission (“County”), in its discretion may authorize specific county elected officials and/or their employees to use a county purchasing or credit card by adoption of a resolution in a public meeting. No authorized elected official may use a county purchasing or credit card until and unless he or she has executed the County’s purchasing/credit card user agreement. The County will not make payments to any business organization, financial institution, or any duly authorized agent of such organization or institution, for amounts charged by an elected official to any purchasing or credit cards that are not issued pursuant to this ordinance or for any purchases that are not authorized by this ordinance. IV. Card Administrator. The Augusta, Georgia Commission hereby designate the Finance Department Director as the County credit card administrator and the Procurement Department Director as the County purchasing card administrator. The responsibilities of each of the respective card administrators include: 1) Manage County issued purchasing/credit cards. 2) Serve as the main point of contact for all county purchasing/credit card issues. 3) Serve as liaison to the elected officials authorized to use a purchasing/credit card and their staff, as well as to the issuer of the purchasing/credit card. 4) Provide training on card policies and procedures to the elected officials authorized to use a purchasing or credit card and their staff. 5) Develop internal procedures to ensure timely payment of cards. 6) Assist authorized elected officials to dispute transactions when necessary. 7) Establish internal procedures to ensure compliance with this ordinance and county procurement ordinances and policies; county purchasing/credit card user agreements; Georgia law, specifically, O.C.G.A. §§ 16-9-37 and 36-80-24. 8) With guidance from the Finance Director, select appropriate financial institutions to issue purchasing/credit cards. The Finance Director shall have the authority to make the final selection. 9) With guidance from the Finance Department Accounting Division, document internal controls, audits and other measures to prevent and detect misuse or abuse of the cards. The Finance Director shall have the authority to make a final internal control procedure determination. 10) Ensure purchase/credit card transactions are reconciled monthly. 11) Ensure record retention required by Georgia record retention policy and schedule for Local Government Paper and Electronic Records. V. Use of Cards. 1) Authorized Purchases. County purchase card or credit cards may be used to purchase goods and services directly related to the public duties of the authorized elected official only. All purchases are subject to the terms of this ordinance, the county purchasing card or credit card user agreement, county procurement policies and ordinances and the adopted budget. Only authorized elected officials or their employees may use a County purchase card or credit card for purchases or payments. The cards, and use of the cards, are not transferrable to employees or others. The authorized elected official or their employees shall use care to ensure that others do not have access to the card account number, expiration date and security code. Unless otherwise approved by the governing authority or established in the county purchasing card or credit card user agreement, the transaction limits are as follows: Per Transaction: $500.00-Higher limits require approval by Card Administrator Per Month: $5,000.00-Higher limits require approval by Card Administrator 2) Unauthorized Purchases. County purchasing card or credit cards shall not be used for goods and services not directly related to the official responsibilities of the authorized elected official. Additionally, cards shall not be used to avoid compliance with the county’s purchasing ordinances and procedures, to purchase goods and services that are not approved in the county’s budget, to purchase goods and services exceeding the per transaction or per month limit, or to make purchases not in compliance with the county purchasing card or credit card user agreement or travel policy. 3) Receipts and Documentation. Receipts, invoices and other supporting documentation of all purchases made with a county purchasing or credit card shall be maintained by the authorized respective card administrator for the period provided by Georgia’s record retention policy. If an original or duplicate cannot be produced, a sworn affidavit of the authorized elected official may be substituted. The documentation must include the supplier or merchant information (i.e., name and location), quantity, description, unit price, total price, price paid without sales tax and an explanation of the purchase sufficient to show that the expense was in the performance of official county duties. 4) Availability of Funds. Prior to use, the Elected Official is responsible for verifying that adequate funds exist in their budget to cover proposed purchases and remain available until the time payment is required. 5) Public Records. All receipt and other documentation of purchases are public records and subject to the requirements of O.C.G.A. § 50- 18-70 et seq. VI. Review of Purchases and Audit. Proper documentation of purchases, internal controls and other measures prevent and allow detection to misuse or abuse of county issued purchase/credit cards. Authorized elected officials and staff that process payments under this program shall cooperate and comply with the procedures established by the county. 1) Review of Purchases. All purchases shall be reviewed according to the following procedure: a) User has attached required supporting documentation documenting the expenditure ( purpose, vendor, amount, description of purchase, and expenditure account to be charged) b) User has verified such purchase was made in compliance with Augusta procurement policies and procedures, and those governing use of procurement and credit cards c) If expenditure was made by employee of Elected Official, it must be approved by the Elected Official or other person so designated by him/her 2) Audits. The Finance Department Accounting Division shall perform an annual review of the card program to ensure adequacy of internal policies and procedures, cardholder spending limits, monthly reconciliation procedures and documentation for transactions. Elected officials and staff shall cooperate with such review. VII. Violations. (a) The authorized card user shall reimburse the county for any purchases made with a county issued purchase card or credit card in violation of this ordinance or the user agreement. (b) In the discretion of the county governing authority, failure to comply with the procedures outlined in this ordinance may result in: i. A warning; ii. Suspension of the elected official’s authority to use a county purchase or credit card; or iii. Revocation of the elected official’s or their employees’ authority to use a county purchase card or credit card. (c) Nothing in this ordinance shall preclude the county governing authority from referring misuse of a purchase card or credit card for prosecution to the appropriate authorities. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. _____________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission 1st Reading: _______________ 2nd Reading: _______________ Commission Meeting Agenda 7/20/2021 2:00 PM Cardinal Regency Mall LLC Properties Department: Department: Caption:Initiate blight ordinance inspections on Cardinal Regency Mall LLC properties at 1200 Gordon Hwy. and 2810 Regency Blvd. (No recommendation from Public Services Committee July 14, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENI}A ITEM REQUEST FORM commission meetings: First and third ruesdal,s of each month - 2:00 p.m.committee meetings: second and last Tuesdays of each month - 1:00 p.m. commission/commiffee: (prease eheck one and insert meeting date) Public Services Committee Commission Public Safety Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for Individuaupresenter Making the Request: fT"'Address: Telephone Number: Fax Number: E-Mail Address: 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 Number: Fax Number: E-Mail Address: 706-82t482A 706-821-r838 nmorawski@au gustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,soffice no later than 9:00 a.m. on the Thursday preceding the Commission or commiffeemeeting of the following week. A five-minute time limit wiII be allowed for presentations. Commission Meeting Agenda 7/20/2021 2:00 PM 2020 Audit Report Department:Finance Department:Finance Caption:Presentation by Mauldin & Jenkins of the results of the 2020 Financial Audit. Background:Annual audited financial reports are required by the State of Georgia and are also necessary to fulfill continuing disclosure requirements after issuance of bonded debt. These reports have been completed and will be filed as required. Analysis: Financial Impact: Alternatives: Recommendation:Receive as Information Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/20/2021 2:00 PM Forensic Audit Department: Department: Caption:Call for Forensic Audit of all Departments and programs of the Augusta Georgia government. Instruct Procurement to call for bids and complete bid process with 60 days. (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 7/20/2021 2:00 PM Rate Study recommendation Department:Environmental Services Department:Environmental Services Caption:Consideration of implementation of the recommendations for the Augusta Landfill Rate Study and a proposed adjustment to the fee structure accordingly. Background:On February 2, 2021 the Commission tasked staff with providing recommendations related to the revenue streams and rates administered via the Augusta Landfill in light of increased expenses due to COVID-19 for the purpose of keeping the landfill financially stable. Geosyntec was precured to conduct a study and will present the findings for Commission action. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Cover Memo Augusta Rate Study Environmental Services Department July 6, 2021 Prepared by: Geosyntec Consultants Project Review Augusta’s Environmental Services Department (ESD) retained Geosyntec Consultants (Geosyntec) in March 2021 to conduct a rate study for the services provided by ESD. This project was organized and executed into three tasks. This presentation contains a summary of all tasks including recommendations •Task 1.0 Data Review and Financial Modeling •Task 2.0 Rate Survey (Benchmarking) •Task 3.0 Recommendations 2 3 Τhe rate structures for collections (Fund 542)and Landfill Fund 542)funds should be analyzed in light of Augusta’s revenue policy: “Augusta,Georgia will establish all user charges and fees at a level related to the full cost (operating,direct,indirect,and capital)of providing the service.Augusta,Georgia will review fees/charges annually.” “Augusta,Georgia will consider market rates and charges levied by other public and private organizations for similar services in establishing tax rates,fees and charges.” (Source:2020 Augusta Approved Budget) Criteria for Establishing Rates 1) Do rates allow Augusta to recover full cost of service? 2) How do they compare to “Market” rates? 4 Current Fund 542 Fees •In place since 2014 5 Fund 541 Disposal Fees •Published rates: •MSW customers may also charged a three percent (3%) “environmental” and a $0.75 per ton state fee. •Negotiated rates have been provided to certain private haulers by letter agreement or contract •Nonprofit (municipal) rate = $25 per ton •C&D rate introduced in 2019 =$20.60 per yard is not currently utilized 6 Rates 0 to 1,999 Tons Per Month $33.50 Per Ton 2,000 to 4,999 Per Month $30.50 Per Ton 5,000 to 9,999 Per Month $27.50 Per Ton >10,000 Tons Per Month $24.50 Per Ton Two primary criteria were selected to determine the sufficiency of current rates: 1)Whether the fee structure generated sufficient revenue to cover annual costs of services for each fund and 2) Whether each fund has sufficient cash reserves. 7 Based on these two criteria our analysis focused on four questions: 1)Does current annual fee revenue cover current annual cost of service? 2)Will forecast revenue cover forecast costs over the next five-years? 3)Does each fund have an adequate level of cash reserves?, and 4) What does the forecast suggest about required future level of reserves? 8 Major Findings: Fund 542 -Collection Services •Augusta has successfully provided residential collection services under a very stable fee structure.Rates have not been adjusted since 2014. •FY2019 and FY2020 revenue generated from customer collection fees was sufficient to cover the cost of services. •Collection Services has sufficient cash reserves. •Rates Augusta charge for collection services are generally within the range found in our regional benchmark survey. 9 Major Findings: Fund 541 –Waste Management Landfill •Augusta has successfully provided continuous landfill disposal services without raising prices since rates were last reset in 2014. •Augusta is in a favorable position,the landfill has a large remaining life. However, future construction is expensive (~$200-300k per acre) and sufficient current cash flow plus reserves are required. •FY2019 and FY2020 revenue generated from customers disposal fees and to a lesser extent CNG sale was sufficient to cover the cost of services. •As of 12/31/20 Fund 541 –Landfill does have sufficient short-term (1-3 year) cash reserves. •Landfill does NOT have sufficient long-term (5-10 year plus) cash reserves. 10 Major Findings: Fund 541 (Landfill) Cont. Long-term Reserves •Our estimate of a minimum best practices level of long-term reserves for Fund 541 is $45-50 million. •Actual reserves were $35 million as of 12/31/20 •Landfill operations require a higher cash reserves than collection operations •A best practice is fully funded long-term closure and post closure liabilities as well as a reserve for short-term spending spikes resulting from equipment and landfill construction. •A minimum cash reserve of 25% of the operating budget is also a standard best practice 11 Major Findings: Fund 541 (Landfill). Rates: •Posted disposal rates are generally in the range found in our regional benchmark survey. •However, the way disposal rates are actually charged Augusta customers falls outside the posted disposal fees (also called “gate rates”). •Augusta’s posted disposal fee structure provides for tiered discounts based on the volume a customer brings to the landfill. Our evaluation suggests that no customer discounts strictly follow the posted tiered rates. •It appears that over time discounts have been granted by policy, contract or letter agreement. Discounts apply to two distinct groups including 1) three commercial haulers and 2) municipal customers. 12 Major Findings: Fund 541 (Landfill). Rates: •The posted (undiscounted) rate is $33.50 per ton for municipal solid waste (MSW). In addition, Augusta charges a 3% “environmental fee” and a state fee of $.75 cents per ton for a total of $35.26. •Only two MSW customer groups are charged this rate: Augusta Residential (including inter-governmental), and Small Commercial •Larger Haulers and Nonprofit (municipals) receive $8.00 –10.00 discounts 13 Major Findings: Fund 541 (Landfill). Rates: •The undiscounted volume customers Augusta & Small Commercial Haulers represent 38% of volume and 45% of total revenue*. •The groups with discounts (Large Haulers and Nonprofit) account for approximately 59% of volume and 52% of total projected revenue. * Total revenue less discounts. 14 Major Findings: Landfill -Volume: •There is large forecast decrease in disposal volumes between 2020 and 2021 which is likely to result in a $3.8 million year to year decrease in revenue. 15 2018-2020 Walton Way project 2014 Ice Storm Debris Major Findings: Landfill –Expense per Ton: •The total per ton cost of service (total expenditures/volume received) calculation is sensitive to volume changes. Using 2021 budget and a projected volume of 420,000 tons the cost per ton is $44.13 as shown in Column (A) Again using 2021 budget but with 512,090 tons (2020 volume)the cost per ton calculation would be $36.19 as shown in Column (B) 16 Major Findings: Landfill –Expense per Ton: •The landfill has significant capital needs which changes from year to year. •It can represent $16.00 per ton plus per year. •Even at a minimized capital expenditure level of $2.0 million the cost can be $4.00-$5.00 per ton. 17 Major Findings: Landfill –Revenue vs Expense per Ton: •Average revenue is $29.90 per ton net of discounts •The year over year decrease in volume from 512,090 to 420,000 combined with small future volume growth suggests the cost of service will be in the range of $29.00 to $40.00 per ton (net of ~$4.00 for discount expense which is recorded in “Operating” expenses). 18 * Budget = 2021 Major Findings: Landfill –Revenue vs Expense per Ton: •With average tip fee of $29.90 per ton (after discounts) and a cost of service of $29.00 to $40.00 per ton (net of discount expense) when volume is ~ 420,000 tpy , revenue is not sufficient to increase nor maintain reserves. •The five-year volume and financial forecast combined with a less than recommended long-term cash reserve balance makes pricing an important and current issue. 19 Recommendations (1-3): •We recommend that the cash reserve for Fund 541 be increased from current $35.0 million to $45-50 million over a period of 5 -10 years. •We recommend that a policy evaluation be conducted with respect to the disposal rate structure. Municipalities which own landfills must balance (i) attracting sufficient tonnages to operate in an efficient volume range, (ii) generating enough revenue to cover required costs, maintain or build reserves, (iii) wisely use remaining disposal capacity and (iv) generally serving the needs and interests of Augusta. •Because of lower projected volumes and a need to raise cash reserves, rates will need to be raised or the total cost of services needs to be reduced. We believe both should be looked at more closely through a focused study. The target impact for combined revenue increases or expense decreases is $3.2 -$4.0 million a year. 20 Recommendations (4-6): •No discount is provided to Augusta’s residential volume. We recommend a policy evaluation to determine if this was intentional or the consequence of multiple decisions over time. Often municipal landfill owners provide discounted pricing for their internal waste and a “gate” rate to all commercial users of the facility, it is less common that internal waste is charged at the highest rate. •The current pricing structure conveys a competitive advantage to haulers who have discounts in obtaining new or retaining existing customers. A common approach is to operate a “disposal neutral” market offering one price to commercial haulers which as a result does not convey a disposal pricing advantage. •One rationale for volume discounts is to make it economically more feasible for customers to bring waste from further distances (i.e. offset the additional transportation cost) Landfill customers do commonly evaluate cost on a transportation plus disposal (T&D) basis and the relationship between distance and transportation cost is direct. An additional study would need to be made on facts surrounding this issue. 21 Recommendations (7-8): •Removing commercial or municipal discounts may result, in at least short-term, reductions of volume. As such, Augusta would need to prepare for this by developing cost management contingencies. •The current disposal discounts are significant and amount to over $2.0 million annually. Recalculation or elimination of discounts would need to be phased but should be can be part of the revised rate structure and is a key component in addressing long-term reserves. Total landfill volume for FY2021 is forecast to be in the range of 400,000 to 420,000. Discounts currently apply to a projected 59% or 246,000 of the expected 2021 tons. The remaining undiscounted tons for 2021 are 38% of total volume or approximately 168,000 tons. As such, for a price increase to have a multi-million dollar impact it would need to apply to all tons. 22 Recommendations (9-12): •Based on our preliminary analysis it appears that for commercial customers in the immediate market a $34-36.00 disposal rate should be competitive with the best available alternatives. •Based on the current financial picture the collection fees for Fund 542 cover the current cost of services and have enabled reserves to be built. However, in the forecast period the cost of the collection contract is rising and the cost of disposal of those tons will also be rising. Since rates have not been increased since 2014 and costs are increasing, we recommend considering an increase that would be reviewed for adjustment every few years. •Eliminate $10 per ton “beneficial” rate. 23 MSA Engineering and Advisory Solid Waste Rate Study Augusta, Georgia MEM 2015 DRAFT M EMORANDUM TO: Mark Mehall, Augusta Environmental Services FROM: Bill Gaffigan, MBA, CVA Jill Gaffigan DATE: 06 July 2021 SUBJECT: Executive Summary and Recommendations Augusta Environmental Services Rate Study Augusta’s Environmental Services Department (ESD) retained Geosyntec Consultants (Geosyntec) in March 2021 to conduct a rate study for the services provided by ESD. Augusta has a revenue policy which states: “Augusta, Georgia will establish all user charges and fees at a level related to the full cost (operating, direct, indirect, and capital) of providing the service.” “Augusta, Georgia will consider market rates and charges levied by other public and private organizations for similar services in establishing tax rates, fees and charges.” As such, the overall objective of the study was to assess if the current fees structures for ESD operations managed under Fund 542 - Collection Services and Fund 541 -Waste Management (landfill) adequately covers the cost of services and generally reflects market rates for the region. This memorandum provides an Executive Summary describing major findings regarding sufficiency of current rate structure to cover cost of services, forecast future cost of services, regional benchmark survey of fees, and recommendations. Additional detail is provided in a Power Point Presentation which will be provided under separate cover. Executive Summary and Recommendations 06 July 2021 Page 2 MEM 2015 Data Collection and Analysis As an initial step Geosyntec made a data request to ESD on data regarding detailed financial reports and budgets, assets, capital improvement plans, equipment replacement schedules, inbound waste receipts and customer details, among others. Geosyntec conducted a financial analysis of the two funds and developed a financial model. Additional data was obtained, and analysis was shared during periodic project status meetings and working sessions conducted with ESD staff remotely as well an in-person meeting on March 30, 2021. County staff were open and cooperative during the review. Geosyntec also conducted a survey of collection and disposal fees charged by regional municipalities. Two primary criteria were selected to determine the sufficiency of current rates including whether the fee structure generated sufficient revenue to cover annual cost costs of services for each fund and whether each fund has sufficient cash reserves. Based on these criteria our analysis focused on four questions: 1) does the current annual fee revenue cover current annual cost of services, 2) does forecasted revenue cover forecasted costs over the next five-years, 3) does each fund have an adequate level of cash reserves, and 4) what does the forecast suggest about future level of reserves? Major Findings from the Rate Study Review The following represent major findings from Geosyntec’s assessment: Fund 542 - Collection Services • Augusta has successfully provided residential collection services with a very stable fee structure. They have not been adjusted since 2014. • FY2019 and FY2020 revenue generated from customer collection fees was sufficient to cover the cost of services. • Collection Services has sufficient cash reserves. • FY2019 (last audited year available) Fund 542 had a net position of $19.8 million (source: 2019 CAFR) and cash of $14.9 million. Operating results for 2020, subject to final accounting adjustments, suggest this amount will increase. A standard best practice is a minimum cash reserve of at least 25% of an operating budget. The adopted budget FY2021 is $22 million and as such the cash reserve meets this minimum best practice recommendation. • Fund 542 has predictable revenue and expenditures and historically few large short-term expenditure spikes. Approximately 94% of revenue is from user fees for weekly residential services, with the balance from interfund transfers for services to other Augusta departments. The most significant expense is for residential waste collection, provided by Waste Management and Orion under a contract which has annual limits to year to year rate increases of 50% of CPI inflation index. Executive Summary and Recommendations 06 July 2021 Page 3 MEM 2015 • Rates Augusta charges for collection fee are generally in the range found in our regional benchmarks. Fund 541 – Waste Management (Landfill) • Augusta has successfully provided continuous landfill disposal services without raising prices since rates were last reset in 2014. • Augusta is in a favorable position as its landfill has a large remaining life as measured by the remaining (unbuilt) disposal capacity. However, building this unused disposal capacity is expensive (~$200-300k per acre) and sufficient current cashflow plus reserves are required. • FY2019 and FY2020 revenue generated from customers disposal fees and to a lesser extent, CNG sales was sufficient to cover the cost of services. This was primarily due to revenue from higher disposal tonnages related in part to a large temporary soil excavation project. • As of 12/31/20 Fund 541 – Waste Management (Landfill) does have sufficient short-term (1-2 year) cash reserves. • As of 12/31/20 Fund 541 – does NOT have sufficient long-term (10 year plus) cash reserves. • FY2020 fund 541 had unrestricted cash reserves (cash plus investments) of approximately $35.0 million. Landfill operations require a higher cash reserves than collection operations due to long-term closure and post closure liabilities as well as short-term and medium (1-5 year) spending spikes resulting from equipment and landfill construction expenditures to build and make available short-term disposal capacity. In addition to a minimum cash reserve of 25% of the operating budget, a standard best practice is to also have a fully funded closure/post closure (PCC) liability reserve and an equipment and construction reserve. • Our estimate of a minimum best practices level of long-term reserve for Fund 541 is $46 million. • Our estimate includes $32.0 million for closure/post closure car plus $10 million for equipment and construction and $4.0 million minimum for an operating reserve • For Fund 541 Posted disposal rates are generally in the range found in our regional benchmarks. • However, the range of actual disposal rates charged Augusta customers falls outside the posted disposal fees (also called “gate rates” as posted at the landfill gate). • Augusta’s posted disposal fee structure provides for tiered discounts based on the volume a customer brings to the landfill. Our evaluation suggest that no customer receives a discount based on the posted tiered rates. Executive Summary and Recommendations 06 July 2021 Page 4 MEM 2015 • It appears that over a period of time discounts have been granted by policy, contract or letter agreement. These discounts apply to two distinct groups including three commercial haulers and municipal customers. • The stated landfill gate rate is $33.50 for municipal solid waste (MSW). In addition, MSW waste is also subject to a 3% “environmental fee” and a state fee of $.75 cents per ton for a total of $35.26. Only certain groups are charged the $35.26 • Our analysis of the FY2020 results suggests that based on a pricing analysis that customers can be put into three groups: 1) Augusta’s Residential customers and smaller haulers 3) municipal customers (nonprofit) and 4) larger commercial haulers. Group #1 pays the highest, undiscounted rates at $35.26 per ton. Group #3 pays the lowest disposal fee with an average rate of $25.00 per ton. Group #4 on average pays the next lowest fee with a calculated net rate of approximately $27.50 per ton. • There is a large forecast decrease in disposal volumes between 2020 and 2021 which is likely to result in a $3.8 million year to year decrease in revenue. • Volumes are forecast to decrease 22% in 2021 on lower volume primarily as a result of the completion of a major soil remediation project which directed significant volumes to the landfill between 2018-2020. • The five-year volume forecast assumes modest growth after a decrease in 2021. • Residential and economic growth is forecast to be positive but modest. Augusta has experienced a decrease in certain regional municipal customer volumes in 2021. There is also the potential to lose up to 1-10% of total volume during the forecast period to the proposed Airplane Road construction and demolition landfill which was granted consistency by Augusta in 2020. • For FY2021 our forecast (and the approved budget) assumes an approximately $3 million deficit between fee revenue and total cost of services. We generated multiple forecast scenarios which suggest there is potential that this will likely be experienced during multiple years during the five-year forecast period. This results from lower volumes and higher short-term costs related labor, closure construction, cell construction and equipment purchases. • Landfills cost structures, on a cost per ton basis, are highly sensitive to volume changes. For FY2021 based on budgeted costs but a forecast of 420,000 tons (budgeted tons were ~ 398,000) the total cost per ton is $44.13, which is higher than the highest rate charged. The same cost structure spread over the 512,090 tons received in 2020 is approximately $8.00 per ton less. The budget assumes $3.0 million for closure construction, $1.7 million for heavy equipment and vehicles, and $2.0 million for depreciation (which is the amortized cost of capital investments). If we recalculated the cost per tons using a minimized capital number of $2.0 million the cost is $32.88 per ton at 2021 forecasted volumes and $26.96 at the higher volume of tons in 2019. With minimum capital and higher volumes, the cost and revenue per ton at approximately $27.00 are similar. Executive Summary and Recommendations 06 July 2021 Page 5 MEM 2015 • Another perspective is that on a combined basis Funds 541 and 542 had approximately $50 million ($14.9 + 35.0) in cash reserves at the end of FY2020 which is near the combined recommended minimum balance, which is a positive condition. However, the expected deficit for 2021 and likely deficits in the forecast periods will reduce reserves . • The volume and financial forecast combined with a less than recommended long-term cash reserve balance makes pricing an important issue. Executive Summary and Recommendations 06 July 2021 Page 6 MEM 2015 Recommendations 1. We recommend that the cash reserve for Fund 541 be increased from current $35.0 million to $45-50 million over a period of time. 2. We recommend that a policy evaluation needs to be conducted with respect to the disposal rate structure. Municipalities which own landfills have to balance attracting sufficient tonnages to operate in an efficient volume range while generating enough revenue to cover required costs, maintain or build reserves, wisely use remaining disposal capacity and generally serve the needs and interests of Augusta. 3. Because of lower projected volumes and need to raise cash reserves, rates will need to be raised or total cost of services needs to be reduced. We believe both should be looked at more closely through a focused study. The target impact for combined revenue increases or expense decreases is $3.2 - $4.0 million a year. 4. The current actual pricing structure provides no discounts to Augusta’s residential customers. This situation needs further evaluation to determine at a policy level if this was intentional or the consequence of multiple decisions over time. Often municipal owners provide discounted disposal for their internal waste and other municipalities and charge a “gate” rate to all commercial users of the facility, it is less common that internal waste is charged at the highest rate. 5. The current pricing structure conveys a competitive advantage to haulers who have discounts in obtaining new or retaining existing customers. This is an additional policy question that should be evaluated. Some municipalities which own the only MSW disposal facility choose to operate a “disposal neutral” market with respect to commercial customers. They offer one price to commercial haulers which as a result does not convey a disposal pricing advantage. 6. Our understanding is that one rationale for providing the discounts historically was to make it economically more feasible for commercial haulers or municipalities to bring the waste to Augusta’s landfill from further distances, thus making the landfill more competitive. In other words, to offset the additional transportation cost. Landfill customers commonly evaluate cost on a transportation plus disposal (T&D) basis and the relationship between distance and transportation cost is direct. Additional study would need to be made on facts surrounding this issue. Executive Summary and Recommendations 06 July 2021 Page 7 MEM 2015 7. Removing commercial or municipal discounts may result, in at least short-term, reductions of volume. As such Augusta would need to prepare for this by developing cost management contingencies. 8. The current disposal discounts are significant and amount to $1.5 to $2.0 million annually. Recalculation or elimination of discounts would need to be phased but should be can be part of the revised rate structure and is a key component in addressing long- term reserves. Total landfill volume for FY202 is forecast to be in the range of 400,000 to 420,000. Discounts currently apply to a projected 59% or 246,000 of the expected 2021 tons. The remaining undiscounted tons for 2021 total 38% of total volume or approximately 168,000 tons. As such, for a price increase to have a multi-million dollar impact it would need to apply to all tons. 9. Based on our preliminary analysis it appears that for commercial customers in the immediate market a $34-36.00 disposal rate should be competitive with alternatives. 10. Based on the current financial picture the collection fees for Fund 542 cover the current cost of services and have enabled reserves to be built. However, in the forecast period the cost of the collection contract is rising and the cost of disposal of those tons will also be rising. Since rates have not been increased since 2014 and costs are increasing, we recommend considering an increase that would be reviewed for adjustment every few years. * * * * * Commission Meeting Agenda 7/20/2021 2:00 PM Commissioner's Oath of Office Department: Department: Caption:Read for the record the Commissioner's Oath of Office. (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 7/20/2021 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