HomeMy WebLinkAbout2022-11-15-Meeting AgendaCommission Meeting Agenda
Commission Chamber
11/15/2022
2:00 PM
INVOCATION: Reverend Dr. Eric Biddy, Rector Saint Paul’s Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of Month
A. Congratulations! Sean Morgan, Information Technology October Employee of the Month. Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B. Dr. Donna Marain regarding one-year following up on the Stepping Up initiative. Attachments
C. Public Art Update from the Greater Augusta Arts Council.Attachments
D. Mr. Gus Gunderson regarding Storm Water Petition.Attachments
E. Mr. Bill Fennoy regarding the support of the renaming of the 5th Street Bridge to Freedom
Bridge-Jefferson Davis Memorial Bridge Attachments
F. Ms. Virginia Ruth McNeill reqesting reconsideration of Augusta Planning Commission regarding spot
zoning of 3029 Cardinal Drive to a different zoning classification than all other properties on the
street.
Attachments
G. Mr. Dan Fursch regarding Flock Security Cameras.Attachments
H. Mr. Moses Todd, I Love Augusta regarding written public comment procedure, commissioners office,
and constitution service budget.Attachments
CONSENT AGENDA
(Items 1-20)
PLANNING
1. Z-22-46 – A request for concurrence with the Augusta Georgia Planning Commission to approve with
the conditions below a petition by Winchester Homes of GA, on behalf of Ray Clyde and Susanmarie
Harden – requesting a Rezoning from Zone R-1 (One-family Residential) and Zone R-1B (One-
family Residential) to Zone R-1E (One-family Residential) affecting properties containing
approximately 20.23 acres located at 413, 415, 419, 421, 425, 427, 429, 433 and 435 Pleasant Home
Road. Tax Map #016-0-048-03-0; 016-0-048-02-0; 016-0-047-00-0; 016-0-046-00-0; 016-0-045-00-0;
016-0-045-01-0; 016-0-045-02-0; 016-0-044-00-0 and 016-0-043-00-0. DISTRICT 7 1. This
development shall substantially conform to the concept plan filed with this application. 2. Sidewalks
must be provided on both sides of all streets within the development and comply with ADA standards.
Sidewalks shall be installed along Pleasant Home Road in front of the development. 3. The
development shall have a minimum lot width of 25 feet, with 30 feet for end units and not exceed 133
single-family residential lots with a max of 72 attached units. 4. Developer must provide a minimum
10-foot electrical utility easement between buildings for installation of electrical meters. 5. A traffic
signal with acceleration and deceleration lanes as required by the Augusta Traffic Engineering
Department is going to be required and cost is to be determined. 6. A minimum 10-foot undisturbed
buffer along the side and rear property lines adjacent to single-family development must be installed
and maintained. 7. A minimum of 25 percent of the site shall be dedicated as open space, not
including stormwater detention areas. 8. The development must conform with all applicable
requirements of the Augusta Tree Ordinance. 9. All parking requirements shall be met. 10. This
project shall comply with all development standards and regulations set forth by the City of Augusta,
GA at the time of development
Attachments
2.1.Z-22-57– A request for concurrence with the Augusta Georgia Planning Commission to deny a
petition by Beazley Development Co. Inc on behalf of GA Baptist Children’s Homes, Poplar Group,
LLC and Michelle Atkins, Julie & Walter Golosky – requesting a rezoning from Zone A
(Agricultural) and Zone R-1 (One-Family Residential) to Zone R-1D (One-Family Residential)
affecting property containing approximately 201.59 acres located at 3630 Windsor Spring Road, 3047
Manchester Drive and part of 3596 Windsor Spring Road. Tax Map #142-0-003-01-0, 142-2-001-00-0
and a portion of Tax Map #142-0-074-02-0. DISTRICT 6
Attachments
3. Z-22-59 – A request for concurrence with the Augusta Georgia Planning Commission to approve with
the conditions below a petition by Jeffrey Knight, on behalf of Charles A. May – requesting a rezoning
from Zone A (Agricultural) to Zone B-2 (General Business) affecting property containing
approximately 3.45 acres of a 16.66-acre tract located 2955 Gordon Highway. Portion of Tax Map
#078-0-005-00-0. (Fort Gordon notified 9/7/2022) DISTRICT 3 1. Improvements to the property
for the proposed development shall include upgrading the parking to comply with Section 4 of the
Comprehensive Zoning Ordinance requiring submittal for Site Plan approval in accordance with Site
Plan Regulations amended June of 2013. 2. The development shall comply with all requirements as
determined by traffic engineering for existing ingress/egress points during the site plan approval
process. 3. Approval of the rezoning request does not constitute approval of the concept site plan
submitted with the rezoning application. Site plan approval in compliance with the Site Plan
Regulations of Augusta, Georgia for the actual development is required prior to construction
commencing on the property. 4. Development of the property shall comply with all development
standards and regulations set forth by the City of Augusta-Richmond County, Georgia, at the time of
development.
Attachments
4. Z-22-60 – A request for concurrence with the Augusta Georgia Planning Commission to approve with
the conditions below a petition by Opal Moon Markell – requesting a rezoning from Zone R-1 (One-Attachments
family Residential) and Zone R-MH (Manufactured Home Residential) to Zone R-MH
(Manufactured Home Residential) affecting property containing approximately 0.79 acres located at
928 Hephzibah-McBean Road. Tax Map #354-0-005-0. DISTRICT 8 1. Any manufactured home
placed on the site shall adhere to Augusta-Richmond County regulations for individual manufactured
homes on individual lots, as set forth in the Comprehensive Zoning Ordinance, section 27-7.
5. Z-22-63 – A request for concurrence with the Augusta Georgia Planning Commission to APPROVE
with the conditions below a petition by Stratosphere Investments, LLC – requesting a rezoning from
Zone R-1 (One-family Residential) to Zone R-1A (One-family Residential) affecting property
containing approximately 0.73 acres located at 3029 Cardinal Drive. Tax Map #043-1-104-00-0.
DISTRICT 3 1. All lots created must have a minimum of 80feet of road frontage. 2. A new
survey reflecting the two new parcels must be approved and recorded prior to the demolition permit
being issued.
Attachments
PUBLIC SERVICES
6.Motion to approve a request by Planning & Development to renew the existing Alcohol Licenses in
the City of Augusta. There will be Sunday Sales, Dance, Arcades, Wholesalers, Alcohol Catering and
an Adult Bookstore. (Approved by Public Services Committee November 8, 2022)
Attachments
7.Motion to approve by resolution the designation of one Sunday during the calendar year of 2023 that
bars can be open as provided in the Augusta Alcohol Ordinance Section 6-2-77 (3a). Approve - Super
Bowl Sunday February 12, 2023.(Approved by Public Services Committee November 8, 2022)
Attachments
8.Motion to approve the purchase of Fixed Route Planning, Scheduling and Runcutting Software system
for Augusta Transit (AT). The recommendation of award is for a one (1) year term with two (2) one
(1) year extension options. REF 22-168.(Approved by Public Services Committee November 8,
2022)
Attachments
9.Motion to approve the design for construction at Fleming Park and Bernie Ward Community Center.
(Approved by Public Services Committee November 8, 2022)Attachments
10.Motion to approve authorizing the General Counsel and the Administrator to meet with the Sheriff's
Department and report their findings in an updated report to the November 29, 2022 meeting regarding
the presentation by Mr. J. R. Tregeagle of the Budgetel Inn & Suites regarding involuntary conversion
of hotels from an Innkeeper/Guest business relationship to that of Landlord/Tenant and discriminatory
consequences. (Approved by Public Services Committee November 8, 2022)
Attachments
11.Motion to approve an Ordinance amendment to adopt Georgia State minimum Standard Codes for
Tiny Houses; amending Ordinance No. 7840. (Approved by the Commission on November 1,
2022- second reading)
Attachments
ADMINISTRATIVE SERVICES
12.Motion to approve one (1) Rehabilitation Project in partnership with Butler’s Home Improvement.
(Approved by Administrative Services Committee November 8, 2022)Attachments
13.Motion to approve Housing and Community Development Department’s (HCD's) request to provide
HOME funding to Sand Hills Urban Development (SHUD) to construct two (2) single family units.
(Approved by Administrative Services Committee November 8, 2022)
Attachments
14.Motion to approve Housing and Community Development Department’s (HCD's) request to transfer
2021 HOPWA funding from Community Development Improvement Corporation to CSRA Economic
Opportunity Authority to provide service to residents in Aiken/Edgefield Counties, South
Carolina. (Approved by Administrative Services Committee November 8, 2022)
Attachments
15.Motion to approve a moratorium on select requests for personnel action, effective November 8,
2022. (Approved by Administrative Services Committee November 8, 2022)Attachments
16.Motion to approve recommendation of Award for RFP 22-1550 Classification and Compensation
Study to The Segal Company, Inc.(Approved by Administrative Services Committee November 8,
2022)
Attachments
PUBLIC SAFETY
17.Motion to approve and accept a grant award for the continuation of the Victims of Crime Act (VOCA)
Grant with Base Award funding $89,326 and Comp Advocate funding $50,334 from the Criminal
Justice Coordination Council of Georgia to provide services to crime victims for the period of October
1, 2022, through September 30, 2023, and authorize the Mayor to execute the necessary documents.
(Approved by Public Safety Committee November 8, 2022)
Attachments
FINANCE
18.Motion to approve additional funding to open Advance Voting sites early. (Approved by Finance
Committee November 8, 2022)Attachments
19.Motion to approve drafting a resolution in support of a Fund Balance Policy. (Approved by Finance
Committee November 9, 2022)Attachments
PETITIONS AND COMMUNICATIONS
20.Motion to approve minutes of the Regular Meeting held November 1, 2022 and the Special Called
Meeting held November 8, 2022. Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
11/15/2022
AUGUSTA COMMISSION
REGULAR AGENDA
11/15/2022
(Items 21-24)
PUBLIC SERVICES
21.Greater Augusta Arts Council regarding a review and decision relative to the unpurchased sculptures
from the current Augusta Sculpture Trail to purchase for the City of Augusta. (No recommendation
from the Public Services Committee November 8, 2022)
Attachments
ENGINEERING SERVICES
22.Motion to approve the naming of the 5th Street decommissioned bridge Freedom Bridge and
removing the name of Jefferson Davis on the bridge (Approved by the Engineering Services
Committee October 26, 2022 and deferred from the November 1, 2022 Commission Meeting)
Attachments
ADMINISTRATOR
23.Resolution to approve FY 2023 budget for Augusta Georgia
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
24.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open
Meeting Act.
Upcoming Meetings
www.augustaga.gov
Commission Meeting Agenda
11/15/2022 2:00 PM
Invocation
Department:
Department:
Caption: Reverend Dr. Eric Biddy, Rector Saint Paul’s Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Reverend Nic Filzen
Department:
Department:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Employee of Month
Department:Human Resources
Department:Human Resources
Caption: Congratulations! Sean Morgan, Information Technology October
Employee of the Month.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Dr. Donna Marain
Department:
Department:
Caption: Dr. Donna Marain regarding one-year following up on the Stepping Up
initiative.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQUEST FORM
Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee
meetings: Second and last Tuesdays of each month - 1:00 p.m.
Commission/Committee: (Please check one and insert meeting date)
x Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Date of Meeting
-Nov
12022-
Date of Meeting
-
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Contact Information for IndividuaUPresenter Making the Request:
Name: Dr. Donna Marain
Address: 1833 Kissingbower Rd
Telephone Number: 7 06-840-9594
Fax Number:
E-Mail Address: dml28@cornell.edu
Caption/Topic of Discussion to be placed on the Agenda:
One-year following up on the Stepping Up lnitiative
Please send this request form to the following address:
Ms. Lena J. Bonner
Clerk of Commission
Suite 220 Municipal Building
535 Telfair Street
Augusta, GA 30901
Telephone Number:
Fax Number:
E-Mail Address:
706-821-1820
706-821-1838
nmorawski@augustaga. gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'soffice no later than 9:00 a.m. on the Thursday precerling the Commission and Committee
meetings of the following week. A five-minute time limit will be allowed for presentations.
Commission Meeting Agenda
11/15/2022 2:00 PM
Greater Augusta Arts Council
Department:Greater Augusta Arts Council
Department:Greater Augusta Arts Council
Caption: Public Art Update from the Greater Augusta Arts Council.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Mr. Gus Gunderson
Department:
Department:
Caption: Mr. Gus Gunderson regarding Storm Water Petition.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Bill Fennoy
Department:
Department:
Caption: Mr. Bill Fennoy regarding the support of the renaming of the 5th Street
Bridge to Freedom Bridge-Jefferson Davis Memorial Bridge
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Ms. Virginia Ruth McNeill
Department:
Department:
Caption: Ms. Virginia Ruth McNeill reqesting reconsideration of Augusta
Planning Commission regarding spot zoning of 3029 Cardinal Drive to a
different zoning classification than all other properties on the street.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Mr. Dan Fursch
Department:
Department:
Caption: Mr. Dan Fursch regarding Flock Security Cameras.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Mr. Moses Todd,
Department:
Department:
Caption: Mr. Moses Todd, I Love Augusta regarding written public comment
procedure, commissioners office, and constitution service budget.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Z-22-46
Department:Planning & Development
Department:Planning & Development
Caption: Z-22-46 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions below a petition by
Winchester Homes of GA, on behalf of Ray Clyde and Susanmarie Harden
– requesting a Rezoning from Zone R-1 (One-family Residential) and
Zone R-1B (One-family Residential) to Zone R-1E (One-family
Residential) affecting properties containing approximately 20.23 acres
located at 413, 415, 419, 421, 425, 427, 429, 433 and 435 Pleasant Home
Road. Tax Map #016-0-048-03-0; 016-0-048-02-0; 016-0-047-00-0; 016-
0-046-00-0; 016-0-045-00-0; 016-0-045-01-0; 016-0-045-02-0; 016-0-044-
00-0 and 016-0-043-00-0. DISTRICT 7 1. This development shall
substantially conform to the concept plan filed with this application. 2.
Sidewalks must be provided on both sides of all streets within the
development and comply with ADA standards. Sidewalks shall be
installed along Pleasant Home Road in front of the development. 3. The
development shall have a minimum lot width of 25 feet, with 30 feet for
end units and not exceed 133 single-family residential lots with a max of
72 attached units. 4. Developer must provide a minimum 10-foot
electrical utility easement between buildings for installation of electrical
meters. 5. A traffic signal with acceleration and deceleration lanes as
required by the Augusta Traffic Engineering Department is going to be
required and cost is to be determined. 6. A minimum 10-foot
undisturbed buffer along the side and rear property lines adjacent to single-
family development must be installed and maintained. 7. A minimum
of 25 percent of the site shall be dedicated as open space, not including
stormwater detention areas. 8. The development must conform with all
applicable requirements of the Augusta Tree Ordinance. 9. All parking
requirements shall be met. 10. This project shall comply with all
development standards and regulations set forth by the City of Augusta,
GA at the time of development
Background:
Analysis:
Financial Impact:
Alternatives:
Cover Memo
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Z-22-57
Department:Planning & Development
Department:Planning & Development
Caption:1.Z-22-57– A request for concurrence with the Augusta Georgia Planning
Commission to deny a petition by Beazley Development Co. Inc on behalf
of GA Baptist Children’s Homes, Poplar Group, LLC and Michelle
Atkins, Julie & Walter Golosky – requesting a rezoning from Zone A
(Agricultural) and Zone R-1 (One-Family Residential) to Zone R-1D
(One-Family Residential) affecting property containing approximately
201.59 acres located at 3630 Windsor Spring Road, 3047 Manchester
Drive and part of 3596 Windsor Spring Road. Tax Map #142-0-003-01-0,
142-2-001-00-0 and a portion of Tax Map #142-0-074-02-0. DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Z-22-59
Department:Planning & Development
Department:Planning & Development
Caption: Z-22-59 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions below a petition by Jeffrey
Knight, on behalf of Charles A. May – requesting a rezoning from Zone A
(Agricultural) to Zone B-2 (General Business) affecting property
containing approximately 3.45 acres of a 16.66-acre tract located 2955
Gordon Highway. Portion of Tax Map #078-0-005-00-0. (Fort Gordon
notified 9/7/2022) DISTRICT 3 1. Improvements to the property for
the proposed development shall include upgrading the parking to comply
with Section 4 of the Comprehensive Zoning Ordinance requiring
submittal for Site Plan approval in accordance with Site Plan Regulations
amended June of 2013. 2. The development shall comply with all
requirements as determined by traffic engineering for existing
ingress/egress points during the site plan approval process. 3. Approval
of the rezoning request does not constitute approval of the concept site
plan submitted with the rezoning application. Site plan approval in
compliance with the Site Plan Regulations of Augusta, Georgia for the
actual development is required prior to construction commencing on the
property. 4. Development of the property shall comply with all
development standards and regulations set forth by the City of Augusta-
Richmond County, Georgia, at the time of development.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Z-22-60
Department:Planning & Development
Department:Planning & Development
Caption: Z-22-60 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the conditions below a petition by Opal
Moon Markell – requesting a rezoning from Zone R-1 (One-family
Residential) and Zone R-MH (Manufactured Home Residential) to
Zone R-MH (Manufactured Home Residential) affecting property
containing approximately 0.79 acres located at 928 Hephzibah-McBean
Road. Tax Map #354-0-005-0. DISTRICT 8 1. Any manufactured
home placed on the site shall adhere to Augusta-Richmond County
regulations for individual manufactured homes on individual lots, as set
forth in the Comprehensive Zoning Ordinance, section 27-7.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Z-22-63
Department:Planning & Development
Department:Planning & Development
Caption: Z-22-63 – A request for concurrence with the Augusta Georgia Planning
Commission to APPROVE with the conditions below a petition by
Stratosphere Investments, LLC – requesting a rezoning from Zone R-1
(One-family Residential) to Zone R-1A (One-family Residential)
affecting property containing approximately 0.73 acres located at 3029
Cardinal Drive. Tax Map #043-1-104-00-0. DISTRICT 3 1. All lots
created must have a minimum of 80feet of road frontage. 2. A new
survey reflecting the two new parcels must be approved and recorded prior
to the demolition permit being issued.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Alcohol Renewal
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve a request by Planning & Development to renew the
existing Alcohol Licenses in the City of Augusta. There will be Sunday
Sales, Dance, Arcades, Wholesalers, Alcohol Catering and an Adult
Bookstore. (Approved by Public Services Committee November 8,
2022)
Background:This is the annual renewal for the year 2023.
Analysis:The applicants meet the requirements for the renewal of their currect
licenses for the year 2023.
Financial Impact:N/A
Alternatives:
Recommendation:Approve
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Planning and Pevelopment Peparfinent
Carla Delaney - Director
TO:
www.auqustaflE"gov
MEMORANDUM
FROM:
DATE:
RE:
Hardie Davis, Jr., Mayor
Bobby Wllliams, Mayor Pro Tem
Augusta Georgia Commissioners
DldVDquse, I nterim Ad ministrator
October 25,2022
Renewalof the Alcohol, Sunday Sales, Dance, Arcades,
Wholesa lers, Alcohol Catering and Adult Booktore.
Licenses for the Year 2023.
Enclosed you will find a copy of the Alcohol License Renewal Book for the year
2023.
CDIIhw
It03 Mavh Gdftn no.4 Artu*l Or. 39106
BuisrI.krc AloholLioor
706.3t2.163 Frr ?06.312.!037 7qt3t2.56t FB ?06.Illr2S3
Bdtrh3Featitr
il6.3 l2"l0l0 Fa 1$.312.a233
CodcEa&rtffi
?{16.3 12.50{e Fa ?06.t2 1.a233
2022
ALCOHOL LICENSES
TO BE RENEWED FOR 2023
Prepared by: Planning and Development Department
Carla Delaney, Director
1803 Marvin Griffin Road
Augusta, GA. 30906
Commission Meeting Agenda
11/15/2022 2:00 PM
Alcohol-Super Bowl Sunday
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve by resolution the designation of one Sunday during the
calendar year of 2023 that bars can be open as provided in the Augusta
Alcohol Ordinance Section 6-2-77 (3a). Approve - Super Bowl Sunday
February 12, 2023.(Approved by Public Services Committee November
8, 2022)
Background:The Augusta Alcohol Ordinance provides that by resolution the
Commission can designate one Sunday a calender year that Bars can be
open.
Analysis:The following dates have been approved in the past: Super Bowl Sundays,
February 2, 2020,February 7, 2021, and February 13, 2022. The proposed
date to select is Super Bowl Sunday February 12, 2023.
Financial Impact:N/A
Alternatives:Do not approve
Recommendation:Approve
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Public Service Committee Meeting
tLlo8l2022
Bars Open on Sunday 2O23
Department:
Presenter:
Caption:
Background:
Analysis:
Financial !mpact:
Alternatives:
Recommendation:
Funds available
ln the following
accounts.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission.
Planning & Development
Julietta H. Walton
Approve by resolution the designation of one
Sunday during the calendar year 2023 that bars can be open as
provided in the Augusta Alcohol Ordinance, Section 6-2-71 (3a).
The Alcohol Ordinance provides that by resolution the
Commission can designate one Sunday a calendar year
that bars can be open.
The following dates have been approved in the past:
Super BowlSunday February 2,2020, Super Bowl
Sunday February 7,202L, Super Bowlsunday
February 13,2022... The proposed date to select is
Super Bowl Sunday February t2,2023.
N/A
Do not approve
Approve
Commission Meeting Agenda
11/15/2022 2:00 PM
Fixed Route Planning Software RFP 22-168
Department:Augusta Transit
Department:Augusta Transit
Caption:Motion to approve the purchase of Fixed Route Planning, Scheduling and
Runcutting Software system for Augusta Transit (AT). The
recommendation of award is for a one (1) year term with two (2) one (1)
year extension options. REF 22-168.(Approved by Public Services
Committee November 8, 2022)
Background:The Fixed Route Planning software is a geospatial cloud-based software
used for bus route planning, fixed route scheduling and run-cutting
software application. The planning software will allow a greater
understanding by AT of the potential financial, operational, and ridership
impacts of new, terminated, or alternative fixed route services. The
scheduling and run cutting software will allow AT operators and managers
to operate the fixed route system more efficiently. The software
application will free up time spent by AT staff (direct or contracted) in the
manual update, scenario assessment and scheduling of fixed route bus
operations. Furthermore, this tool will allow for a streamlining of
workflow and operational adjustments or improvements to be implemented
timeously. Currently, AT uses two (2) Trapeze/Tripspark programs,
namely, Streets Dispatch and Streets Admin for fixed route bus operations.
scheduling, run cutting and rostering are performed manually despite AT’s
license to use the Trapeze/Tripspark Streets Schedule program. AT does
not use any fixed route planning software application. The population of
Augusta-Richmond County continues to grow and with it the demand for
affordable transportation. This is compounded by declining transit
ridership and demographic and industrial shifts throughout the county. The
current network of nine (9) fixed routes has remained unchanged for many
years and is out of synch with the spatial dynamics of Augusta-Richmond
County. This ongoing spatial dynamic has limited AT’s ability to fulfill its
mission - ‘To give customers access to all regions of Augusta-Richmond
County by providing quality, dependable, safe, accessible and affordable
transportation, thereby enhancing the mobility of the public as well as the
transportation disadvantaged.’ AT intends on using this transit planning
and scheduling software to evaluate and redesign its route structure to
ensure the system serves locations that match the needs and wants of
citizens and visitors to Augusta-Richmond County.
Analysis:A RFP was issued by the Procurement Department. Five responses were
received. Four of the responses were deemed as non-responsive by the
Compliance Department with one also being deemed non-compliant by
Cover Memo
Procurement. The evaluation committee met and reviewed the proposal.
The evaluation committee determined that the proposal would meet the
needs of the department. The Transit Department requested to entered into
contract negotiations with the vendor and we have reached an agreement
on the terms. The Transit Department is requesting approval to award the
Fixed Route Planning, Scheduling and Runcutting Software contract to
Remix Technologies, LLC for a 1 year period with an option to extend for
two (2) additional one (1) year terms.
Financial Impact:This purchase will be funded with local and federal grant funds from the
Transit Department’s 2022 Capital Budget. The allocated funding
breakdown is: Funding Source Total Split Federal Local FTA Grant GA-
2021-023 $36,507 80/20 $29,206 $7,301
Alternatives:Deny request.
Recommendation:Approve the request.
Funds are Available in
the Following
Accounts:
54709-1226-54-24320
REVIEWED AND APPROVED BY:
Cover Memo
SAMPLE CONTRACT, TERMS AND CONDITIONS
Fixed Route Planning, Scheduling and Run-
Cutting Software
Augusta Transit, RFP #22-168
Submitted by Remix Technologies, LLC - a subsidiary of Via Transportation, Inc.
To: Geri A. Sams, Procurement Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
March 21, 2022
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Proprietary and Confidential Information
Please note that this document contains proprietary, confidential, and trade secret information of Remix Technologies
LLC, a subsidiary of Via Transportation Inc., and is exempt from disclosure under O.C.G.A. § 50-18-70 et seq. (the
“Georgia Open Records Act”), including under O.C.G.A. § 50-18-72(24) (as these materials are “[r]ecords acquired by an
agency for the purposes of establishing or implementing, or assisting in the establishment or implementation of, a
carpooling or ridesharing program”); under O.C.G.A. § 50-18-72(34) (as these materials include trade secrets concerning
Remix and Via’s confidential and proprietary technology and business practices); and under O.C.G.A. § 50-18-72(20) (as
these materials include sensitive personal information of Remix and Via’s officers and employees). We request that your
office maintain the confidentiality of this document and provide Remix and Via with notice of any request for disclosure
of this information prior to production by contacting compliance@ridewithvia.com.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
About Remix
Our vision is to empower cities to manage all aspects of transportation and create equitable,
safe, and accessible outcomes.
Remix is the only company that brings together the complete transportation picture in a single software
platform. We build products that help cities develop the best transportation outcomes for their communities.
The company was founded in 2014 out of Code for America, and has partnered exclusively with government
agencies since its founding.
Our technology enables you to see your data in one place, plan a holistic network, and build consensus across
stakeholders. Remix focuses on technology and expertise that enables transportation professionals to do their
best work through easy-to-use, visual tools to analyze and design more livable cities, where multiple modes of
transportation can thrive.
Over 375 governments around the world leverage Remix’s transportation platform. We bring the unique
expertise of working directly with over 11,000 transportation professionals to build a cloud-based software
platform that helps local governments build more livable communities. In 2021, we joined the Via
Transportation, Inc. family and now have a global community of over 500 customers around the world.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Product Overview
The core data platform enables three distinct workflows for transportation professionals and decision-
makers, powered by open data and open source tools. By pulling data insights into the planning process,
local governments can design better transportation networks, safer, more multimodal streets, and seamless
integration between public and private transportation.
EXPLORE
Access and visualize all of your transportation data first
Gather context and explore problems through quick insights for custom-drawn and
existing geographical boundaries
TRANSIT PLANNING + SCHEDULING
Plan transit from vision through implementation
Design, evaluate, and collaborate all in one place - from a small detour to a full system
redesign, and everything in between. Once your plan is set, take your vision through to
blocking, runcutting, and rostering.
STREET DESIGN
Design streets for the multimodal city
Explore new street design concepts, use data to inform decisions, and move your ideas
forward, faster.
ON-DEMAND PLANNING
Plan an integrated network across modes
Coordinate a multimodal transportation network that fit the diversity of your community,
while understanding the impacts to operational constraints.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Remix + Augusta Transit: Bringing Together the
Transportation Picture
The Remix Platform is designed to bring together cities and transit agencies to leverage innovative technology
for the changing transportation landscape. With a planning, design, and data lens, governments will benefit
from the culmination of 500+ government best practices, and in turn become influential across data standard
practices, policy and program design, and technology that considers the holistic transportation picture.
Specifically, with Remix’s technology, cities and transit agencies will be able to take advantage of combined
decades of expertise across policy, engineering and product, and transportation sectors. The Remix/Via team
of 350+ engineers will allow a tailored approach to each city and transit agency, along with rapid product
development.
For Augusta Transit, we believe you will see an immediate positive impact with a Remix partnership:
– Remix Fixed Route Planning software will allow a greater understanding by Augusta Transit of the
potential financial, operational, and ridership impacts of new, terminated, or alternative fixed route
services.
- Remix Scheduling & Runcutting software will allow Augusta Transit operators and managers to operate
the fixed route system more efficiently. Remix Scheduling & Runcutting software will free up time
spent by the Augusta Transit staff in the manual update, scenario assessment, and scheduling of fixed
route bus operations.
- Remix Scheduling & Runcutting software will also allow for a streamlining of workflow and operational
adjustments or improvements to be implemented timeously.
We look forward to supporting Augusta Transit in these endeavors and many more.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Remix Fixed Route Planning Proposal for Augusta Transit
Prepared for Geri A. Sams, Procurement Director. By Alyssa Overheul, Remix (alyssa.overheul@ridewithvia.com). Date: March 21, 2022
What do I get with
a Remix Fixed
Route Planning
License?
A full transit planning platform for your entire agency. It’s an annual subscription for
unlimited users, and includes:
● Fast and accurate sketch planning using existing stop infrastructure
● Instant demographic impact analysis
● Instant cost estimates
● Customizable vehicle blocking for accurate cost estimates
● Unlimited exports (excel, shapefile, KML, frequency-based GTFS, high-resolution image)
● Unlimited custom data layers (polygon-based shapefiles)
● Unlimited GTFS uploads
● Public engagement and share features
● Travel-time isochrone visualizations
● Title VI Engine (US) - generate a service equity analysis in less than 10 minutes
● Timetables – generate and customize timepoints and segment-level runtimes
● Export timetables into excel
● Consistent and regular product improvements / feature launches
Customer support?
Our Success Team brings years of transit experience and works with you to develop a
customized Success Plan. Each plan has three parts:
1. Onboard (First 60 Days): Identify a first project and work on it together.
- Workshops, Project-Assisted Training, Individual Sessions, Video Guides
2. Plan (Months 2+): Bring your plans to life with Remix.
- Regular Check-ins, Best Practices Blog, Remix Webinars, Remix Conference
3. Measure Results (Months 6+): Document your return on investment (ROI).
- Develop ROI Report, Set Yearly Goals, Manage Renewal, Plan Ahead
Technical
requirements?
Remix is entirely web-based and software-as-a-service (SaaS).
● Everything is in the cloud -- no installations or downloads. Can access from anywhere.
● Every user gets a login + password
● Remix works on the latest version of Google Chrome, Microsoft Edge, and Firefox
● Agency-wide annual subscription -- no maintenance fees.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Remix Scheduling & Runcutting Proposal for Augusta Transit
Prepared for Geri A. Sams, Procurement Director. By Alyssa Overheul, Remix (alyssa.overheul@ridewithvia.com). Date: March 21, 2022
What do I get with
a Remix Scheduling
& Runcutting
License?
A full transit scheduling platform for your entire agency. It’s an annual subscription
for unlimited users, and includes:
● Interactive blocking to finalize vehicle assignments
● Unlimited excel reports for daily vehicle assignments, driver assignments, and roster-style
bidding
● Dynamic runcutting interface for multiple schedule generation
● Optimization for peak bus count, costs, overtime, straight runs, and/or crew count
● Operator and labor-friendly schedules
● Cafeteria/roster-style bidding with intuitive and informational bid sheets for operators
● Relief-vehicle logistics
● Easy to read, detailed printable paddles for operators
● Customizable timepoints to keep operators on schedule
● GTFS export for mobile rider applications
● Integration with a variety of AVL and farebox systems, including Syncromatics, AVAIL,
Double Maps, and Transdev VDS
Customer support?
Our Success Team brings years of transit experience and works with you to develop a
customized Success Plan. Each plan has three parts:
4. Onboard (First 90 Days): Identify a first bid and work on it together.
- Workshops, Project-Assisted Training, Individual Sessions, Video Guides
5. Plan (Months 2+): Bring your plans to life with Remix.
- Regular Check-ins, Best Practices Blog, Remix Webinars, Remix Conference
6. Measure Results (Months 6+): Document your return on investment (ROI).
- Develop ROI Report, Set Yearly Goals, Manage Renewal, Plan Ahead
Technical
requirements?
Remix is entirely web-based and software-as-a-service (SaaS).
● Everything is in the cloud -- no installations or downloads. Can access from anywhere.
● Every user gets a login + password
● Remix works on the latest version of any browser
● Agency-wide annual subscription -- no maintenance fees.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Remix Services Agreement for Augusta Transit
This Services Agreement (“Agreement”) is entered into between Remix Technologies, LLC., a subsidiary of Via Transportation, Inc. ("Company"), and Augusta Transit
("Customer") and will become effective when it is executed by authorized representatives of both parties (the “Effective Date”).
Scope of Services & Terms
Prepared for Geri A. Sams.
By Alyssa Overheul, Remix (alyssa.overheul@ridewithvia.com). Date: March 21, 2022
Effective Date
Commitment Term 1 Year + Option Years
Remix Fixed Route
Transit Planning +
Explore Planning
License
$12,500 USD first year, based on a total fixed route fleet of 14 vehicles
– Option Year 1: $13,000 USD per year
– Option Year 2: $13,500 USD per year
• Access to Transit Planning platform
• Remix licenses for an unlimited number of users within Augusta Transit
• Enhanced data visualization and analysis
• Software as a Service (SaaS): fully hosted, cloud-based web platform
• Dedicated Customer Success staff; Premium Enterprise Support: response to requests in 1 business day
Remix Scheduling &
Runcutting License
$17,000 USD first year, based on a total fixed route fleet of 14
– Option Year 1: $18,000 USD per year
– Option Year 2: $19,000 USD per year
• Access to Transit Scheduling platform
• Remix licenses for an unlimited number of users within DEPTS LISTED
• Enhanced data visualization and analysis
• Software as a Service (SaaS): fully hosted, cloud-based web platform
• Dedicated Customer Success staff; Premium Enterprise Support: response to requests in 1 business day
Management /
Implementation &
Configuration Fee
$1,000 USD for 1 year only
• Create user accounts
• Calibrate and upload key datasets
DBE Fee (Training &
Documentation)
$6,007 USD for 1 year only
• Provide onboarding and training for all staff.
Hardware Costs N/A – no hardware needed
Total Contract Value $36,507 USD / 1 year
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
– Option Year 1: $31,000 USD
– Option Year 2: $ 32,500 USD
Marketing Terms Willingness to work with Remix to develop a case study, mutually agreeable press release, ability to use
Customer as a reference.
••••••
This Agreement incorporates the attached Terms and Conditions (“Terms”). In the event of a conflict or inconsistency between the Terms and this
Agreement, the Terms will control, except to the extent that this Agreement expressly states that it supersedes specific language in the Agreement.
Capitalized terms not otherwise defined herein will have the meaning ascribed to them in the Agreement.
The parties have caused their duly authorized representatives to execute this Agreement (incorporating the Terms) as of the dates set forth below.
Augusta, Georgia Remix Technologies, LLC.
Signature: __________________________________________ Signature: ________________________________________________
Name: __Hardie Davis, Jr.______________________________ Name: ___________________________________________________
Title: __Mayor______________ Title: _____________________ Date: ________________________
Billing Contact Name: _______________________________ Email: ______________________________ Phone: __________________
Attest:
Lena J. Bonner, Clerk of Commission
SEAL
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
Contact Us
We love discussing all things cities and transportation.
If you have questions about this proposal, please reach out to us at:
Alyssa Overheul
(628) 239-2455 | alyssa.overheul@ridewithvia.com
www.remix.com | team@remix.com
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
REMIX TERMS AND CONDITIONS
These Terms and Conditions (“Terms”, together with an Order Form referencing these Terms, the “Agreement”), are entered into
between Remix Technologies, LLC., a Delaware limited liability corporation (“Remix”), and the customer identified on the Order Form
(“Customer”), and are effective as of the date that the Order Form is executed by both parties (the “Effective Date”).
1. DEFINITIONS. Capitalized terms will have the meanings set forth in this Section 1, or in the section in which they are first
used.
1.1 “Authorized User” means each of Customer’s employees, agents, and independent contractors who are authorized
to access the Remix Solution under this Agreement.
1.2 “Customer Content” means any content, data and information provided to Remix by or on behalf of Customer or its
Authorized Users for use with the Services, including, without limitation, any Mobility Provider Data. Customer Content does not
include Licensed Material or Resultant Data.
1.3 “Documentation” means the materials describing the use and operation of the Remix Solution that are made
available to Customer as written technical briefs or on https://help.remix.com/ or such other web page as Remix may designate to
Customer from time to time.
1.4 “Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works
of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights;
(d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every
kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all registrations, applications, renewals,
extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world.
1.5 “Licensed Material” means reports, results, materials and documentation made available to Customer as part of the
Services. Licensed Material does not include the Remix Solution or any component thereof.
1.6 “Mobility Provider” means an operator of a transportation or rideshare service or platform that provides or
facilitates transportation by train, bus, car, bicycle, scooter or any other mode of transportation and is required to provide
transportation related data and information to Customer (or its third party designees) by contract, permit or other applicable
ordinance, regulation or law.
1.7 “Mobility Provider Data” means any data or other information made available to Remix by a Mobility Provider at
the direction, or for the specific benefit, of the Customer, even if Remix’s receipt of such information is governed by its own agreement
with the Mobility Provider.
1.8 “Order Form” means an order form, scope of work or scope of services signed by both parties that references this
Agreement.
1.9 “Professional Services” means professional services provided by Remix to Customer as described in any Order Form
(as may be further described in any statement of work).
1.10 “Remix Solution” means the Remix software-as-a-service application identified in any Order Form that allows
Authorized Users to access certain features and functions through a web interface.
1.11 “Resultant Data” means statistics, data, insights, observations, analyses, ideas and other information that does not
identify any natural person and is derived from the categorization, modeling or other processing of one (or more) data set(s), including,
without limitation, data sets that include Customer Content and data of Remix’s other customers.
1.12 “Services” means any services provided by Remix to Customer under this Agreement as described in an Order Form,
including, but not limited to, provision of the Remix Solution and Professional Services.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
2. PROVISION OF SERVICES
2.1 Access. Subject to Customer’s payment of the fees set forth in the Order Form (“Fees”), Remix will provide Customer
with access to the Remix Solution during the Term (as defined below). Customer will use commercially reasonable efforts to prevent
unauthorized access to, or use of, the Remix Solution, and notify Remix promptly of any such unauthorized use known to Customer.
2.2 Support Services. Subject to the terms and conditions of this Agreement, Remix will exercise commercially
reasonable efforts to (a) provide support for the use of the Remix Solution to Customer, (b) keep the Remix Solution operational and
available to Customer, in each case in accordance with its standard policies and procedures, and (c) provide the Service in accordance
with the Service Level Terms set out in Exhibit A.
2.3 Professional Services. As contemplated in Section 6.1 below, Remix can provide auxiliary Professional Services.
These Professional Services are outlined in Exhibit B. The provision of these Professional Services, together with the fees to be charged
by Remix, will be set forth in an Order Form or a statement of work signed by both parties at the time they are requested.
2.4 Hosting. Remix will, at its own expense, provide for the hosting of the Remix Solution, provided that nothing herein
will be construed to require Remix to provide, or bear any responsibility with respect to, any telecommunications or computer network
hardware required by Customer or any Authorized User to access the Remix Solution from the Internet.
2.5 Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this
agreement or any payment obligations, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work
to be performed by Remix under this agreement.
2.6 If the software or licenses required to run Remix Solution can no longer be accessed, Remix is responsible, at its own
expense, for finding a compatible substitute that will allow the contract to be carried out. If a compatible substitute cannot be found,
vendor must refund any payments that it has received from Customer related to the services that can no longer be performed.
3. INTELLECTUAL PROPERTY
3.1 License Grant. Subject to the terms and conditions of this Agreement, Remix grants to Customer a non-exclusive,
non-transferable (except as permitted under Section 13.6) license during the Term (as defined below), solely for Customer’s internal
business purposes and in accordance with the limitations (if any) set forth in the Order Form, (a) to access and use the Remix Solution
and in accordance with the Documentation; and (b) to use and reproduce a reasonable number of copies of the Documentation solely
to support Customer’s use of the Remix Solution. Customer may permit any Authorized Users to access and use the features and
functions of the Remix Solution as contemplated by this Agreement, provided Customer remains responsible for compliance by such
individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit
of Customer.
3.2 Restrictions. Customer will not, and will not permit any Authorized User or other party to: (a) allow any third party
to access the Remix Solution, Licensed Material or Documentation, except as expressly allowed herein; (b) modify, adapt, alter or
translate the Remix Solution, Licensed Material or Documentation; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or
otherwise allow the use of the Remix Solution or Documentation for the benefit of any unauthorized third party; (d) reverse engineer,
decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas,
algorithms, structure or organization) or nonpublic APIs of the Remix Solution, except as permitted by law; (e) interfere in any manner
with the operation of the Remix Solution or the hardware and network used to operate the Remix Solution; (f) modify, copy or make
derivative works based on any part of the Remix Solution or Documentation; (g) access or use the Remix Solution to build a similar or
competitive product or service; (h) attempt to access the Remix Solution through any unapproved interface; or (i) otherwise use the
Remix Solution, Licensed Material, or Documentation in any manner that exceeds the scope of use permitted under Section 3.1 or in
a manner inconsistent with applicable law, the Documentation, or this Agreement. Customer acknowledges and agrees that the Remix
Solution will not be used, and is not licensed for use, in connection with any of Customer’s time-critical or mission-critical functions.
Customer will not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of Remix or its
licensors on the Licensed Material or any copies thereof.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
3.3 Ownership. As between the parties, the Customer Content, and all worldwide Intellectual Property Rights in it, is
the exclusive property of Customer. All rights in and to the Customer Content not expressly granted to Remix in this Agreement are
reserved by Customer. As between the parties, the Remix Solution, Licensed Materials, Documentation and Resultant Data, and all
worldwide Intellectual Property Rights in each of the foregoing, are the exclusive property of Remix and its suppliers. All rights in and
to the Remix Solution, Licensed Materials, Documentation and Resultant Data not expressly granted to Customer in this Agreement
are reserved by Remix and its suppliers.
3.4 License to Licensed Material. Subject to the terms and conditions of this Agreement, Remix grants Customer a non-
exclusive, non-transferable (except as permitted under Section 13.6), non-sublicensable, royalty-free and fully-paid license to use
Licensed Material solely for Customer’s internal business purposes and, where Customer is a governmental body, to publicly display
the Licensed Material as reasonably necessary to exercise its official authority or fulfill its legal obligations, including, without
limitation, to solicit public comment on information contained in Licensed Material.
3.5 License to Customer Data; Resultant Data. Customer grants Remix a non-exclusive, worldwide, non-transferable
(except as permitted under Section 13.6), non-sublicensable (except to permitted subcontractors under Section 13.10), royalty-free
and fully paid license to (a) use the Customer trademarks, service marks, and logos as required to provide the Services; (b) to use,
host, store, create derivative works from, communicate, distribute and publicly display the Customer Content as required to perform
the Services and improve the Remix Solution; and (c) analyze the Customer Content, combine Customer Content with other data and
create Resultant Data, including, without limitation, utilizing machine learning applications and other analytical methods. Customer
acknowledges that the value of the Remix Solution to Customer and Remix’s ability to provide it in accordance with this Agreement
are contingent on Remix’s ability to operate and improve the Remix Solution based on what it learns from the Resultant Data
generated in the course of delivering the Remix Solution to all Remix customers.
3.6 Open Source. Certain items of software may be provided to Customer with the Remix Solution and certain Licensed
Materials are subject to “open source” or “free software” licenses (“Open Source Material”). Some of the Open Source Material is
owned by third parties. Open Source Materials are not subject to the terms and conditions of Sections 3.1 or 10. Instead, each item
of Open Source Materials is licensed under the terms of the end-user license that accompanies such Open Source Materials. Nothing
in this Agreement limits Customer’s rights under, or grants Customer rights that supersede, the terms and conditions of any applicable
end user license for the Open Source Materials. If required by any license for particular Open Source Materials, Remix makes such
Open Source Materials, and Remix’s modifications to that Open Source Materials, available by written request at the notice address
specified below.
3.7 Third Party Products. Certain features and functionality of the Services may rely on third party data, software, or
applications (“Third Party Products”). Such Third-Party Products may be subject to their own terms and conditions, which will be
identified to the Customer in writing before they are incorporated into the Services. If Customer does not agree to abide by the
applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products or utilize any
features or functionality of the Services that incorporate them.
3.8 Feedback. Customer hereby grants to Remix a royalty-free, worldwide, transferable, sublicensable, irrevocable,
perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback
provided by Customer, including Authorized Users, relating to the Services. Remix will not identify Customer as the source of any such
feedback.
4. FEES AND EXPENSES; PAYMENTS
4.1 Fees. In consideration for the access rights granted to Customer and the Services performed by Remix under this
Agreement, Customer will pay to Remix the Fees. Except as otherwise provided in the Order Form, all Fees are billed at the end of the
month due and payable within thirty (30) days of the date of the invoice. Customer will reimburse Remix for documented expenses
that are expressly provided for in an Order Form or SOW (defined below) or that have been approved in advance in writing by
Customer. Remix reserves the right (in addition to any other rights or remedies Remix may have) to discontinue the Remix Solution
and suspend all Authorized Users’ and Customer’s access to the Services if any Fees are more than thirty (30) days overdue until such
amounts are paid in full. If Customer believes that Company has billed Customer incorrectly, Customer must contact Remix no later
than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an
adjustment or credit. Inquiries should be directed to Company’s customer support department. The terms of this agreement
supersede any and all provisions of the Georgia Prompt Pay Act.
Proprietary, Confidential, and Trade Secret Information Augusta Transit, RFP# 22-168
4.2 Fund availability. This Agreement is contingent upon the availability of funds in the annual budget of the Customer.
4.3 Taxes. The Fees are exclusive of all applicable sales, use, value-added and other taxes, and all applicable duties,
tariffs, assessments, export and import fees, or other similar charges, and Customer will be responsible for payment of all such taxes
(other than taxes based on Remix’s income), fees, duties, and charges and any related penalties and interest, arising from the payment
of the fees, the provision of the Services, or the license of the Remix Solution to Customer. Customer will make all payments of Fees
to Remix free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of Fees to Remix
will be Customer’s sole responsibility, and Customer will provide Remix with official receipts issued by the appropriate taxing authority,
or such other evidence as the Remix may reasonably request, to establish that such taxes have been paid.
5. CUSTOMER CONTENT AND RESPONSIBILITIES
5.1 Licenses; Customer Content. Customer will obtain all third party licenses, consents and permissions needed for
Remix to use the Customer Content to provide the Services and exercise its rights under this Agreement. Customer is solely responsible
for the accuracy, quality, integrity, legality, and reliability of all Customer Content.
5.2 Customer Warranty. Customer represents and warrants that the Customer Content and its use by Remix in
accordance with this Agreement will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be
deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming
codes intended to damage Remix’s system or data; and (e) otherwise violate the rights of a third party or applicable law.
5.3 Back-ups; Security. Customer will have the ability to export Customer Content out of the Remix Solution for the
Term of the relevant Order Form and thereafter in accordance with Section 11.4. Customer acknowledges that the Remix Solution is
not intended to serve as its data retention repository and that Customer is solely responsible for creating its own backup copies of any
Customer Content at Customer’s sole cost and expense. Customer and its Authorized Users will have access to the Customer Content
and will be responsible for all changes to and/or deletions of Customer Content by Customer and the security of all usernames,
passwords, API keys and other credentials required to access the Remix Solution. Customer will be responsible for any and all actions
taken using Customer’s accounts and passwords. If any Authorized User who has access to the Remix Solution is no longer an employee
of or engaged by Customer, then Customer will immediately delete such access and otherwise terminate such Authorized User’s access
to the Remix Solution.
5.4 Mobility Provider Cooperation. Customer acknowledges that the performance of the Services (and value of the
Services to Customer) may depend on Remix’s receipt of data or other information or cooperation from one or more Mobility
Providers. Therefore, Customer shall be responsible for taking all actions reasonably required to ensure such Mobility Providers
provide such data, information or cooperation to Remix as is reasonably required for Remix to perform the Services, including, without
limitation, requiring Mobility Providers to make available to Remix any and all data and information to which Customer is entitled in
accordance with Remix’s then applicable data specifications, and without requiring Remix to pay any additional consideration to, or
sign any agreement with, the Mobility Provider that would interfere with the provision of services or grant of licenses under this
agreement. Customer acknowledges and agrees that (a) Remix shall have no liability for a Mobility Provider’s failure to provide such
data, information or cooperation or other action or omission and (b) a Mobility Provider shall in no event be construed as a Remix
supplier, contractor or agent even if Remix enters into a license or other agreement with such Mobility Provider to obtain data or
information in furtherance of the Services.
6. PROFESSIONAL SERVICES.
6.1 Where the parties have agreed to Remix’s provision of Professional Services, the details of such Professional Services
will be set out in an Order Form or a statement of work signed by both parties (“SOW”). The Order Form or SOW, as applicable, will
include: (a) a description of the Professional Services; (b) the schedule for the performance of the Professional Services; and (c) the
Fees applicable for the performance of the Professional Services. Each Order Form or SOW, as applicable, will incorporate the terms
and conditions of this Agreement. To the extent that a conflict arises between the terms and conditions of an Order Form or SOW
and the terms of this Agreement, the terms and conditions of this Agreement will govern, except to the extent that the Order Form
or SOW, as applicable, expressly states that it supersedes specific language in the Agreement. Customer may use anything delivered
as part of the Professional Services in support of authorized use of the Services and subject to the terms regarding Customer’s rights
to use the Service set forth in this Agreement and the applicable SOW, but Remix will retain all right, title and interest in and to any
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such work product, code or deliverables and any derivative, enhancement or modification thereof created by Remix as part of the
Professional Services.
6.2 Freedom of Information Requests. Remix will cooperate with Customer’s requests to provide information that
Customer requires to comply with its legal obligations under applicable freedom of information laws, provided that to the extent such
cooperation exceeds the scope of Services specified in an Order Form, Remix will provide such cooperation as Professional Services
pursuant to an SOW. Remix must mark any & all documents it deems to be confidential , a trade secret, or other protected intellectual
property and submit an affidavit attesting to the same .
7. WARRANTIES AND DISCLAIMERS
7.1 Limited Warranty. Remix represents and warrants that it will provide the Services and perform its other obligations
under this Agreement in a professional and workmanlike manner and in substantial conformity with the Documentation. Remix’s sole
liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for Remix to
use commercially reasonable efforts to correct the reported non-conformity, or if Remix determines such remedy to be impracticable,
either party may terminate the portion of the Services affected by the breach of warranty and Customer will receive as its sole remedy
a refund of any Fees Customer has pre-paid for use of such Services for the terminated portion of the applicable Term. The limited
warranty set forth in this Section 7.1 will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which
Customer first noticed the non-conformity, (ii) if the error was caused by use not in accordance with the Documentation, unauthorized
modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge, trial or evaluation basis.
7.2 Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 7.1 IS MADE FOR THE BENEFIT OF CUSTOMER ONLY.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES,
LICENSED MATERIAL AND DOCUMENTATION ARE PROVIDED “AS IS,” AND NEITHER REMIX NOR ITS SUPPLIERS MAKES (AND SUCH
PARTIES HEREBY DISCLAIM) ANY OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COURSE OF
DEALING, TRADE USAGE OR PRACTICE, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY, TITLE, NO INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE. REMIX DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF
THE REMIX SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE. REMIX SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE
FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS,
OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF REMIX OR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY OR RELIABILITY OF
MOBILITY PROVIDER DATA.
8. LIMITATION OF LIABILITY
8.1 Types of Damages. EXCEPT WITH RESPECT TO A PARTY’S LIABILITY UNDER SECTION 10, IN NO EVENT WILL EITHER
PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF
DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES
ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON
DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN
BREACHED OR HAVE PROVEN INEFFECTIVE.
8.2 Amount of Damages. THE MAXIMUM LIABILITY OF EITHER PARTY ARISING OUT OF OR IN ANY WAY CONNECTED TO
THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO REMIX DURING THE TWELVE (12) MONTHS PRECEDING THE ACT,
OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL REMIX’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT
OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY
FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A PARTY OR ITS EMPLOYEES OR AGENTS OR FOR DEATH OR PERSONAL
INJURY.
8.3 Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 will survive and
continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices
have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an
essential basis of the bargain between the parties.
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8.4 Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in
this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and
will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
9. CONFIDENTIALITY
9.1 Confidential Information. “Confidential Information” means any code, inventions, analysis methods and products,
know-how, business, technical and financial information, and any other nonpublic information of a party (the “Disclosing Party”),
whether disclosed orally or in written or digital media, that it discloses to the other party (the “Receiving Party”) and identifies as
“confidential” or with a similar legend at the time of such disclosure or that the Receiving Party knows or should have known is the
confidential or proprietary information of the Disclosing Party. The Services, Documentation and all enhancements and improvements
thereto will be considered Confidential Information of Remix.
9.2 Protection of Confidential Information. Except as expressly authorized herein, the Receiving Party will (a) hold in
confidence and not disclose any Confidential Information to third parties and (b) not use Confidential Information for any purpose
other than fulfilling its obligations, and exercising its rights, under this Agreement. The Receiving Party will limit access to the
Confidential Information to Authorized Users (with respect to Customer) or to personnel and contractors who have a need to know
such information for the purpose of the performance of the Receiving Party’s obligations or exercising its rights under this Agreement,
who have confidentiality obligations no less restrictive than those set forth herein, and who have been informed of the confidential
nature of such information. In addition, the Receiving Party will protect the Disclosing Party’s Confidential Information from
unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in
no event with less than reasonable care. At the Disclosing Party’s request or upon termination or expiration of this Agreement, the
Receiving Party will return to the Disclosing Party or destroy (or permanently erase in the case of electronic files) all copies of the
Confidential Information that the Receiving Party does not have a continuing right to use under this Agreement, and the Receiving
Party will, upon request, certify to the Disclosing Party its compliance with this sentence.
9.3 Exceptions. The confidentiality obligations set forth in Section 9.2 will not apply to any information that (a) is at the
time of disclosure or becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the
Receiving Party by a third party free of any confidentiality duties or obligations; (c) was already known to the Receiving Party at the
time of disclosure free of any confidentiality duties or obligations; or (d) the Receiving Party can demonstrate, by clear and convincing
evidence, was independently developed by employees and contractors of the Receiving Party who had no access to the Confidential
Information. In addition, the Receiving Party may disclose Confidential Information (i) to the extent that such disclosure is necessary
for the Receiving Party to enforce its rights under this Agreement or is required by law (including, without limitation, freedom of
information laws) or by the order of a court or similar judicial or administrative body, provided that (to the extent legally permissible)
the Receiving Party promptly notifies the Disclosing Party in writing of such required disclosure to the extent permitted by law,
cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order, discloses no more information that
is legally required, and in the case of disclosure required by freedom of information laws, Customer agrees to afford all confidentiality
protections available under applicable law to such Confidential Information of Remix prior to disclosing it pursuant to such laws,
including, without limitation, by providing Remix notice of freedom of information requests for such Confidential Information, the
opportunity to object to Customer’s disclosure thereof, and notice of Customer’s disclosure determinations; and (ii) to its attorneys,
accountants, professional advisors, and actual or potential lenders, investors or acquirers so long as such parties are bound by
confidentiality obligations no less restrictive than those set forth herein.
10. INDEMNIFICATION
10.1 By Remix. Remix will defend at its expense any claim brought against Customer insofar as such claim is based on a
claim by any third party alleging that the Remix Solution infringes such third party’s patent, copyright or trademark rights under
applicable laws of any jurisdiction within the United States of America, and will indemnify and hold harmless Customer from and
against any damages, expenses and costs finally awarded against Customer or agreed in settlement by Remix (including reasonable
attorneys’ fees and costs) resulting from such claim. If any portion of the Remix Solution becomes, or in Remix’s opinion is likely to
become, the subject of a claim of infringement, Remix may, at Remix’s option: (a) procure for Customer the right to continue using
the Remix Solution; (b) replace the Remix Solution with non-infringing software or services which do not materially impair the
functionality of the Remix Solution; (c) modify the Remix Solution so that it becomes non-infringing; or (d) terminate this Agreement
and refund any unused prepaid Fees for the remainder of the term then in effect, and upon such termination, Customer will
immediately cease all use of the Remix Solution and Documentation. Notwithstanding the foregoing, Remix will have no obligation
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under this Section 10.1 or otherwise with respect to any infringement claim based upon (i) any use of the Remix Solution not in
accordance with this Agreement or as specified in the Documentation; (ii) any use of the Remix Solution in combination with other
products, equipment, software or data not supplied by Remix; (iii) any modification of the Remix Solution by any person other than
Remix or its authorized agents; or (iv) Customer’s settlement or admission with respect to any claim without Remix’s prior written
consent (each an “Exclusion”). This Section 10.1 states the sole and exclusive remedy of Customer and the entire liability of Remix, or
any of its officers, directors, employees, shareholders, contractors, suppliers or representatives, for infringement claims and actions.
10.2 By Customer. Customer will defend at its expense any claim brought against Remix insofar as such claim is based
on a claim by any third party arising from or relating to the Customer Data, the breach or alleged breach by Customer of Section 5.2
(Customer Warranties), and Customer will indemnify and hold harmless Customer from and against any damages, expenses and costs
finally awarded against Customer or agreed in settlement by Customer (including reasonable attorneys’ fees and costs) resulting from
such claim.
10.3 Procedure. The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the
foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (b)
the indemnifying party will have sole control of the defense or settlement of any claim or suit; and (c) the indemnified party will
cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit.
11. TERM AND TERMINATION
11.1 Term. This Agreement will begin on the Effective Date and continue in full force and effect as long as any Order Form
remains in effect, unless earlier terminated in accordance with the Agreement (the “Term”). Unless otherwise stated in the applicable
Order Form, the term of an Order Form will begin on the effective date of the Order Form and continue in full force and effect for the
time period specified therein, unless earlier terminated in accordance with the Agreement. Thereafter, the Order Form will
automatically renew for additional terms of one (1) year unless either party gives written notice of non-renewal to the other party at
least thirty (30) days prior to the expiration of the then-current term.
11.2 Termination. Either party may terminate this Agreement immediately upon notice to the other party if the other
party materially breaches this Agreement, and such breach remains uncured more than thirty (30) days after receipt of written notice
of such breach. Any failure of Remix that has not been remedied or waived, to perform or otherwise comply with a material condition
of the Agreement shall constitute default. Customer may terminate this contract is part or in whole for breach upon written notice to
Remix pursuant to this term. Customer may terminate this contract for convenience in part or in whole upon written notice to Remix
provided no later than 120 days prior to the requested termination date. Remix shall be paid for any validated services under this
Contract up to the time of termination.
11.3 Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all licenses granted
hereunder will immediately terminate; (b) promptly after the effective date of termination or expiration, each party will comply with
the obligations to delete or return all Confidential Information of the other party, as set forth in the Section 9; provided that, for clarity,
Remix is not obligated to delete or return Resultant Data; and (c) any amounts owed to Remix under this Agreement will become
immediately due and payable. Sections 1, 3.3-3.8, 4, 5.3, 5.4, 7.2, 8, 9, 10, 11.3, 11.4, 12 and 13 will survive expiration or termination
of this Agreement for any reason.
11.4 Data Extraction. For sixty (60) days after the end of the Term, as applicable, Remix will make Customer Content and
Licensed Materials available to Customer through the Remix Solution on a limited basis solely for purposes of Customer retrieving
such Customer Content and Licensed Materials, except to the extent Remix has instructed Customer to delete it. After such period,
Remix may destroy all copies of Customer Content and Licensed Materials in its possession.
12. CO-MARKETING.
At the request of Remix, Customer agrees to the issuance of a joint press release on a mutually agreed upon date or the 90th day from
the Effective Date, whichever is earlier. Each party will have the right to approve the press release in advance, but such approval will
not be unreasonably delayed or withheld. Customer also agrees to use of Customer’s name and logo on Remix’s web site and in Remix
promotional materials. Customer agrees that Remix may disclose Customer as a customer of Remix.
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13. MISCELLANEOUS
13.1 Contractor's consent to venue in the Superior Court of Richmond County, Georgia. The law of the State of Georgia
shall govern this Agreement between the Customer and Remix with regard to its interpretation and performance, and any other claims
related to this agreement.
All claims, disputes and other matters in question between Customer and Remix arising out of or relating to the Agreement, or the
breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Remix, by executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court
of Richmond County, Georgia.
13.2 Export. Customer agrees not to export, report, or transfer, directly or indirectly, any U.S. technical data acquired
from Remix, or any products utilizing such data, in violation of the United States export laws or regulations.
13.3 Government End-Users. Elements of the Services are commercial computer software. If the user or licensee of the
Services is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release,
modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals,
is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for
civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. All Services were developed
fully at private expense. All other use is prohibited.
13.4 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other
provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law.
13.5 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a
waiver of any other provision or of such provision on any other occasion.
13.6 No Assignment. Except as provided in Section 13.10, neither party will assign, subcontract, delegate, or otherwise
transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other party, and any
attempted such assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however,
that either party may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all
of its assets, or other operation of law, without any consent of the other party. The terms of this Agreement will be binding upon the
parties and their respective successors and permitted assigns.
13.7 Compliance with Law. Customer will always comply with all international and domestic laws, ordinances,
regulations, and statutes that are applicable to its purchase and use of the Services, Licensed Material and Documentation.
13.8 Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of
Fees owed) or failure to perform such duties or obligations will not be considered a breach of this Agreement if such delay or failure
is caused by a labor dispute, shortage of materials, fire, earthquake, flood, pandemic, national, state, or local emergencies, denial of
service or other cyber-attack, diminishment of telecommunications or data networks or services, refusal of a license by a government
agency or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances,
to notify the other party of the cause of such delay and to resume performance as soon as possible. Remix is not responsible for delay
in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the
contract price and schedule shall be equitably adjusted..
13.9 Independent Contractors. Customer’s relationship to Remix is that of an independent contractor, and neither party
is an agent or partner of the other. Customer will not have and will not represent to any third party that it has, any authority to act on
behalf of Remix.
13.10 Subcontractors. Remix may use the services of subcontractors and permit them to exercise the rights granted to
Remix in order to provide the Services under this Agreement, provided that Remix remains responsible for (a) compliance of any such
subcontractor with the terms of this Agreement and (b) for the overall performance of the Services as required under this Agreement.
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
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work authorization program operated by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability
provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout
the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with
the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such
subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the
subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain
records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained
to perform such physical services.
13.11 Notices. All notices required or permitted under this agreement must be delivered in writing, if to Remix, by emailing
team@remix.com and if to Customer by emailing the Customer Point of Contact email address listed on the Cover Page, provided,
however, that with respect to any notices relating to breaches of this agreement or termination, a copy of such notice will also be sent
in writing to the other party at the address listed on the Cover Page by courier, by certified or registered mail (postage prepaid and
return receipt requested), or by a nationally-recognized express mail service. Each party may change its email address and/or address
for receipt of notice by giving notice of such change to the other party.
13.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an
original and all of which will be taken together and deemed to be one instrument.
13.13 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the
subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. No
modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing
and signed by an authorized signatory of Customer and the Remix.
13.14 Permissive Cooperative Agreement. To the extent permitted by applicable law and as additional consideration for
this Contract, Contractor agrees to extend an option to purchase any Services covered under this Contract under the same terms and
conditions set forth herein, as well as any additional terms and conditions specific to their local requirements upon mutual agreement
between the parties, to (i) other contracting agencies of Customer and (ii) any other agency that has entered into, or in the future
enters into, a cooperative purchasing agreement or similar arrangement with Customer (collectively, such other agencies are referred
to herein as “Contracting Members”). Each Contracting Member shall negotiate its own pricing terms and execute its own contract
with Contractor.
13.15 Prohibition against contingent fees. Remix 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 Remix for the purpose of
securing business and that Remix has not received any non-Customer fee related to this Agreement without the prior written consent
of the Customer. For breach or violation of this warranty, the Customer shall have the right to annul this Agreement without liability
or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage
or contingent fee.
13.16 Insurance requirements. Remix shall, at all times that this Agreement is in effect, cause to be maintained in force
and effect an insurance policy(s):
Remix shall provide, at all times that this agreement is in effect, Worker’s Compensation insurance in accordance with the laws of the
State of Georgia.
Remix 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) 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.
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Customer will be named as an additional insured with respect to Remix’s liabilities hereunder in insurance coverage’s identified in
items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the Customer, and shall be noncancellable except on
thirty-(30) days' written notice to the Customer. Such policies shall name the Customer as additional-insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director
at the time of the execution of this Agreement.
13.17 Remix acknowledges that this contract and any changes to it by amendment, modification, change order or other
similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the
Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual
obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract,
amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded
from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services
to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor 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 Contractor. Contractor
assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims
to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized,
including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta,
Georgia contracts for goods and services, except revenue producing contracts.
13.18 Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of
business, or work site of Remix or any subcontractor of Remix or subunit thereof which is pertinent to the performance of any contract
awarded or to be awarded by Customer.
13.19 Local Small Business Provisions. In accordance with Chapter 10B of the Augusta, GA. Code, Contractors agree to
collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity
Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business
Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to
Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such
payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in
the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required
by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing
information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports
within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies allowable by this
contract or by law or equity. .
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EXHIBIT A
Service Levels
The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer
requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance.
Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will
also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with
Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service
fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.
Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues
until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within
24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits
may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1)
calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of
data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide
adequate service levels under this Agreement.
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EXHIBIT B
Professional Services
In addition to product support, Remix can provide the following services at an additional fee to be mutually
agreed upon, in writing, at the time they are requested. Remix Services may include but are not limited to the
following examples:
Task Example
Data Entry ● Timetable updates
GTFS ● Building new GTFS
Reporting & analysis ● Custom reports on or analysis of agency data or region in Remix
● Remix executed run cuts
● Assistance planning for fixed route. on-demand and flexible
services
Facilitation & Training ● Remix-led stakeholder facilitation
● Additional on-site training
Data Visualization ● GIS analysis
Rates for these services are provided below:
Role 2022 Rates
Project Manager $200 USD per hour
Associate $150 USD per hour
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Request for Proposal
Request for Proposals will be received at this office until Monday, March 21, 2022 @ 3:00 p.m. via ZOOM Meeting
ID: 879 3302 2899; Passcode: 594717 for furnishing:
RFP Item #22-168 Fixed Route Planning, Scheduling and Runcutting Software for Augusta, GA – Augusta Transit
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).
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, March 4, 2022 @ 5:00 P.M. No RFP will be accepted by fax
or email, all must be received by mail or hand delivered.
No RFP may be withdrawn for a period of 90 days after RFPs have been opened, pending the execution of contract
with the successful bidder(s).
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions,
applicable to the procurement. All specific requirements contained in the request for proposal including, but not
limited to, the number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the RFP which are
not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition
shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia
Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the
envelope.
GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on
Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in
value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they
have no employees and do not plan to hire employees for the purpose of completing any part of the public contract.
Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as
part of the requirement for their bid to be considered.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 10, 17, 24, 2022 and March 3, 2022
Metro Courier February 10, 2022
OFFICIAL
VENDORS Attachment
"B"
E-Verify
Number
Addendum
1
SAVE
Form Original 7 Copies Fee
Proposal
Complaince
Review
5.64 %
MDV Transit & Traffic
Solutions Inc.
1156 Clement Street
San Francisco, CA 94118
Yes Yes Yes Yes Yes Yes Yes
No
Non-
Compliant
CShed
300 Ave Des Lacaasse
Laval, Quebec, H7K 1J4
Yes Exempt Yes Yes Yes Yes Yes
No
Non-
Compliant
Optibus, Inc.
135 Madison Ave. 5th Floor
New York, NY 10016
Yes 1767138 Yes Yes Yes Yes Yes
No
Non-
Compliant
Remix Technologies LLC
10 Crosby Street
2nd Floor
New York, NY 10013
Yes 902963 Yes Yes Yes Yes Yes Yes
Trapeze Software Group
d.b.a. TripSpark
Technologies
5265 Rockwell Drive NE
Cedar Rapids, IA 52402
Yes 733369 Yes Yes Yes Yes Yes
No
Non-
Compliant
RFP Opening - RFP Item #22-168
Fixed Route Planning, Scheduling and Run-Cutting Software for Augusta, GA –
Augusta Transit Department
RFP Date: Monday, March 21, 2022 @ 3:00 p.m. via ZOOM
Total Number Specifications Mailed Out: 21
Total Number Specifications Download (Demandstar): 4
Total Electronic Notifications (Demandstar): 408
Georgia Procurement Registry: 713
Total packages submitted: 5
Total Noncompliant: 4
Page 1 of 1
Remix Technologies LLC
10 Crosby Street
2nd Floor
New York, NY 10013
Optibus, Inc.
135 Madison Ave. 5th Floor
New York, NY 10016
CShed
300 Ave Des Lacaasse
Laval, Quebec, H7K 1J4
Trapeze Software Group
d.b.a. TripSpark Technologies
5265 Rockwell Drive NE
Cedar Rapids, IA 52402
mdv Transit & Traffic
Solutions Inc.
1156 Clement Street
San Francisco, CA 94118
Remix Technologies LLC
10 Crosby Street
2nd Floor
New York, NY 10013
Optibus, Inc.
135 Madison Ave. 5th Floor
New York, NY 10016
CShed
300 Ave Des Lacaasse
Laval, Quebec, H7K 1J4
Trapeze Software Group
d.b.a. TripSpark Technologies
5265 Rockwell Drive NE
Cedar Rapids, IA 52402
mdv Transit & Traffic
Solutions Inc.
1156 Clement Street
San Francisco, CA 94118
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 FAIL FAIL FAIL FAIL PASS FAIL FAIL FAIL FAIL
2. Qualifications & Experience (0-5)15 4.8 71.3 0 0 0 0
3. Organization & Approach (0-5)20 4.8 95.0 0 0 0 0
4.Scope of Services – Software Requirements
• Proposed software product satisfies all technical and
functional requirements listed in this RFP.
• Vendor is requested to have a minimum of five (5)
years’ experience providing bus route planning,
scheduling and run cutting software applications are
encouraged to submit proposals.
• The bus route planning, fixed route scheduling and run
cutting software application to be supplied must have
been in successful operation in at least three (3) other
transit agencies of a similar size and service area to that
of AT for at least one (1) year in each agency.
(0-5)30 4.9 146.3 0 0 0 0
5. Financial Stability (0-5)5 4.5 22.5 0 0 0 0
6. References (0-5)5 4.8 23.8 0 0 0 0
23.6 358.8 0 0 0 0
7. Presentation by Team (0-5)10 0 0 0 0 0
8 Q&A Response to Panel Questions (0-5)5 0 0 0 0 0
Lowest Fees 5 10 5.0 50 0 0 0 0
Second 5 6 0 0 0 0 0
Third 5 4 0 0 0 0 0
Forth 5 2 0 0 0 0 0
Fifth 5 1 0 0 0 0 0
Total Phase 2 - (Total Maximum Ranking 15 -
Maximum Weighted Total Possible 125) 5.0 0 0 0 0 50.0 0 0 0 0
28.6 0 0 0 0 408.8 0 0 0 0
Phase 1 Total - (Total Maximum Ranking 25 -
Maximum Weighted Total Possible 375)
Vendors
Phase 1
Evaluation Sheet - RFP Item #22-168
Fixed Route Planning, Scheduling and Run-Cutting Software for Augusta, GA – Augusta Transit Department
RFP Date: Monday, March 21, 2022 @ 3:00 p.m. via ZOOM
RFP Evaluation Date: Wednesday, April 13, 2022 @ 10:00 a.m. via ZOOM
Ranking of 0-5 (Enter a number value between 0 and 5)
Scale 0 (Low) to 5 (High) Weighted Scores
Procurement DepartmentRepresentative:______Nancy Williams____________________________________
Procurement Department Completion Date: April 13, 2022
Phase 2 (Option - Numbers 7-8) (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: April 13, 2022
Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category
9. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Cost/Fee Proposal Consideration
AUGUSTA TRANSIT
AWARD RECOMMENDATION
Geri Sams, Procurement Director
Sharon Dottery, Transit Director
May 19,2022
SHARON DOTTERY, TRANSIT DIRECTOR
d>
TO:
FROM:
DATE:
CONTRACTOR:
PROJECT:
REMIX TECHNOLOGIES, LLC
10 CROSBY STREET, FLOOR 2
NEW YORK, NY 10013
RFP 22-168 Fixed Route Planning, Scheduling and Run-Cutting Software
This memorandum represents a recommendation from the evaluation committee to award
Remix Technologies, LLC. the RFP 22-L68 for the Fixed Route Planning, Scheduling and Run-
Cutting Software.
The evaluation committee reviewed, discussed, and scored Remix very favorably based on their
proposal.
Augusta Transit
2844 Regency Blvd - Augusta, GA 30904
(706) 821-1818 - Fax (706) 821-r'752
www.augustaga.gov
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
11/15/2022 2:00 PM
Fleming Park Design Approval
Department:Parks and Recreation
Department:Parks and Recreation
Caption:Motion to approve the design for construction at Fleming Park and Bernie
Ward Community Center. (Approved by Public Services Committee
November 8, 2022)
Background:The Augusta Parks and Recreation Department has worked with a design
firm to develop a design for the upgrades to Fleming Park and the Bernie
Ward Community Center.
Analysis:The design reflects the need of the community as well as the requirements
for recreational programming.
Financial Impact:N/A
Alternatives:1. To approve the design. 2. To move to no action.
Recommendation:1. To approve the design.
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
FLEMING PARKMASTER PLAN AND COST ESTIMATE
APRIL 19, 2022
FLEMING PARK IMPROVEMENTS
Augusta, GA
PRELIMINARY COST ESTIMATE - CONCEPT DESIGN AND PROGRAM
I. BERNIE WARD COMMUNITY CENTER IMPROVEMENTS:
QUANTITY UNIT PRICE TOTAL
ADA Restroom Improvements SF 500 175.00$ 87,500.00$
Accesibility at Pool Deck EA 1 25,000.00$ 25,000.00$
Exterior Doors, Hardware and Frames EA 12 2,000.00$ 24,000.00$
Interior Doors, Hardware and Frames EA 30 1,500.00$ 45,000.00$
New Roof LS 1 200,000.00$ 200,000.00$
Improved ADA Sidewalks and Landscaping at Building LS 1 75,000.00$ 75,000.00$
Total Current Scope Costs 456,500.00$
II. POOL IMPROVEMENTS:
QUANTITY UNIT PRICE TOTAL
New 8' Fencing with Privacy Screen LF 350 40.00$ 14,000.00$
New Lighting around Pool EA 6 2,000.00$ 12,000.00$
Replaster Pool with New Striping SF 6000 15.00$ 90,000.00$
Pool Deck Repair (Infill Concrete)SY 140 50.00$ 7,000.00$
Pool Deck Repair and Resurfacing SF 9000 8.00$ 72,000.00$
Total Current Scope Cost 195,000.00$
II. SITE IMPROVEMENTS:
QUANTITY UNIT PRICE TOTAL
RELOCATE EXISTING TRANSFORMER LS 1 115,000.00$ 115,000.00$
DEMO EXISTING SCORING TOWER LS 1 50,000.00$ 50,000.00$
DEMO SIDEWALKS, FENCING, BACKSTOPS, DUGOUTS LS 1 30,000.00$ 30,000.00$
IMPROVE SITE DRAINAGE & DETENTION/WATER QUALITY SY 9000 25.00$ 225,000.00$
UPGRADE WATER SUPPLY/METER/BACKFLOW LS 1 25,000.00$ 25,000.00$
SITE GRADING CY 9978 15.00$ 149,670.00$
OVERLAY EXISTING PARKING LOT SY 11596 35.00$ 405,860.00$
PASSIVE PARK FINE GRADING, SEED AND IRRIGATION SY 36236 12.00$ 434,832.00$
MELQUAN ROBINSON, JR. MEMORIAL EA 1 75,000.00$ 75,000.00$
RESTROOM PAVILION EA 1 475,000.00$ 475,000.00$
PICNIC PAVILION EA 2 45,000.00$ 90,000.00$
NEW CONCRETE SIDEWALKS SY 1700 70.00$ 119,000.00$
ASPHALT WALKING TRAIL SY 2400 55.00$ 132,000.00$
NEW ENTRANCE WITH DIGITAL SIGN LS 1 125,000.00$ 125,000.00$
LANDSCAPING LS 1 350,000.00$ 350,000.00$
BENCHES EA 13 3,000.00$ 39,000.00$
NEW GATES AND FENCING (PORTION OF PERIMETER)LF 730 35.00$ 25,550.00$
BALL FIELDS FINE GRADING, SEED AND IRRIGATION SY 16754 15.00$ 251,310.00$
OPEN AIR SCORING PLATFORM (~10'Lx10'Wx6'H)EA 2 50,000.00$ 100,000.00$
FIELD FENCING LF 2000 35.00$ 70,000.00$
NEW BACKSTOPS (LIKE DIAMOND LAKES)EA 2 17,500.00$ 35,000.00$
NEW DUGOUTS EA 4 8,500.00$ 34,000.00$
NEW FIELD LIGHTING & POWER DISTRIBUTION LS 1 800,000.00$ 800,000.00$
Total Site Improvements 4,156,222.00$
Sub Total 4,612,722.00$
15% CONTINGENCY 691,908.30$
TOTAL 5,304,630.30$
Commission Meeting Agenda
11/15/2022 2:00 PM
J. D. Tregeagle
Department:
Department:
Caption:Motion to approve authorizing the General Counsel and the Administrator
to meet with the Sheriff's Department and report their findings in an
updated report to the November 29, 2022 meeting regarding the
presentation by Mr. J. R. Tregeagle of the Budgetel Inn & Suites regarding
involuntary conversion of hotels from an Innkeeper/Guest business
relationship to that of Landlord/Tenant and discriminatory consequences.
(Approved by Public Services Committee November 8, 2022)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
AGENDA ITEM REQI.'EST FORM
ri.-
Commlssion mecdngs: Flrst and third Tuesdays of eacl month -2:00 p.m.
Commlttee meedngs: Second and last Tuesdays of eaei month - t:00 p.m.
Commiesion/Commlttee: @lease eheck one and insert meedng dete)
Commission
Public Safcty Conrmiuecv Public Services Coromittee
Date of Meeting
Date ofMeeting
Date of Me*i4g I L-B- "sLDate ofMeeting
Date ofMeeting
Date ofMceting
Administative Scrvices Comminee
Engineering Services Committee
Finance Committee
Contact Information for IndlvidurUPresenter Maklng tte Requestr
Name:
Address:
Telcphone Number: -oa-o=r+-- ue.rd
FaxNumbcr:
E Mail Address: st]59or^.ttiaglr--co*
Capfion/Toplc of Dlecusslon to be placed on tte Agendr:
Plerse send thls requeet fom to the followlng eddress:
Ms. Lena J. Bonner
Clerk of Commisslon
Suite 220 Municipal Building
535 Telfair SCeet
Augusta, GA 30ml
Telephone Number: 7 0G821-1820
Far Number: 70G821-1838
DMrilAddrese: nmorawski@ugustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s
Office no later than 9:00 a.m. on the Thursday precedlng the Commtssion and Commlttee
meefings of the following week. A flve-mlnute tlme limit witl be allowed for prccentafions.
November 2,2022
To: lrts. Lisa J. Bonner
Cterk of Commlsion
/
Re: Agenda ltem Request
On behatf of several hotels in Augusta I am submittfng this request to be ptaced on the
November 8s Commission Committee agenda.
ln recent months there has been a trend in Augusta to invotuntarity convert the normat
lnnkeeoer/Guest business relationship that hotets normatly oPerate under to a
Landtord/Tenant retatlonship such as apartment comptexes falt under. This adversety
affects hotet owners who need to terminate the stay of a guest who has not paid, is
engaging in crimlnat conduct, or viotates hotet poticy.
This conversion is done primarlty by Richmond Cunty Sherlffs Deputles ufio are operatlng
wlthout written pohcy or guldetines when a hotet guest dectares that he/she is a tenant
rather than a hotel guest. Atmost unlformty deputies state that they are fottowlng a city
ordinance, wtren ln fact there is rc aollcoble ordlmrce. Hotels are then forced to flte a
Dispossessory Action in the lrlagistrate Court or State Court to evict that guest; a process
that can take a month or longer.
There are approxlmatety 7,W hotet rooms ln Aryusta. For each nlght one of those rooms
ls occupled the hotet ls taxed S1.00/night per occupled roolr. Conversety, apartment
comptexes are rpt subJected to this tax. The State Transportatlon Tax (S5.00lnlght) and
State Sates Tax drop off after a speclfled number of days. The Augusta City Tax never drops
off.
These are issues we woutd tike to ptace before the Cornmisslon Commlttee with the hope
that ttrey witt take wlratever action ls within their powers to flnd an equltabte sotutlon.
I reatize that pubtic presentations are timited to 5 minutes and witt taitor our presentation
accordingty. t do not know if the Pubtic SeMces Committee is the correct choice and woutd
be most appreciatlve lf you woutd place us on the agenda for the approprlate
committee(s).
Budgetet lnn & Suites
(706) 738-6565 or (706) 832'4978 [cettphone]
emait : gal 7S@outtook.com
Respectfutty,
From:
Sent:
lo:
Subject:
Attachments:
Security Service Manager <ga175@outlook.com>
Thursday, November 3,2022 2:26 AM
nmorawski@augusta.gov; budgetel.fortgordon@g mail.com
[EXIERNAL] Agenda ltem Request Form
cover Ltr to Clerk of commission.pdf; Agenda ltem Request Form.pdf
Attached please find a cover letter and agenda request form.
8th, 2022, Comm ittee M eeti ng.
We sincerely appreciate your assistance.
J.D. Tregeagle, Security Manager
Budgetel lnn & Suites
2051Gordon Highway
Augusta, GA 30909
(706) 738-6s6s
email: ga175@outlook.com
The agenda request form is for the November
[NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLTCK on tinks,
open attachments or respond to requests for information unless you are sure the content is safe.]
Commission Meeting Agenda
11/15/2022 2:00 PM
Tiny House Construction: Adopt Georgia State Minimum Standard Codes for Tiny Houses
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve an Ordinance amendment to adopt Georgia State
minimum Standard Codes for Tiny Houses; amending Ordinance No.
7840. (Approved by the Commission on November 1, 2022- second
reading)
Background:The Tiny House Ordinance was adopted on August 2, 2022 and as part of
the enforcement, the county must adopt the Georgia State Amendments,
Appendix Q of the 2018 International Residential Code. The Augusta
Commission in its meeting held October 18, 2022 approved the request for
amendment.
Analysis:Appendix Q sets forth the official building criteria for tiny houses
regarding features such as compact stairs, handrails, headroom, ladders,
reduced ceiling heights in lofts, and guard and emergency escape and
rescue opening requirements.
Financial Impact:NA
Alternatives:The permitting of tiny houses would be impacted if not approved.
Recommendation:Motion to Adopt Georgia State Minimum Standard Codes for Tiny
Houses. Respectfully, request to waive the 2nd reading.
Funds are Available in
the Following
Accounts:
NA
REVIEWED AND APPROVED BY:
Cover Memo
ORDINANCE NO. _________
AN ORDINANCE TO ADOPT GEORGIA STATE MINIMUM STANDARD
CODES FOR TINY HOUSES
WHEREAS, the Georgia State Minimum Standard Codes for Construction
promote the life, health, safety and general welfare of all citizens, and;
WHEREAS, said Codes are also designed to protect the property of all citizens,
and;
WHEREAS, it is the desire of Augusta-Richmond County Commission to adopt
and enforce, in all respects, certain appendices of the various Georgia State
Minimum Standard Codes for Construction, therefore;
BE IT ORDAINED by the Augusta-Richmond County Commission, and it is
hereby ordained by authority of the same as follows:
SECTION 1. It is the intent of Augusta, Georgia to adopt and enforce
International Residential Code, 2018, Georgia State Amendments, Appendix Q
“Tiny Houses,” as adopted and amended by the Georgia Department of
Community Affairs, and is hereby adopted by reference as though it was copied
herein fully.
SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED, ADOPTED, SIGNED, APPROVED AND EFFECTIVE this ____
day of ____________, 2022
(SEAL)
AUGUSTA, GEORGIA
By:______________________
Hardie Davis, Jr.
Attest: Mayor
___________________________
Clerk of Commission
STATE OF GEORGIA
RICHMOND COUNTY
FIRST READING __________
SECOND READING __________
CLERK’S CERTIFICATE
I, LENA J. BONNER, Clerk of Commission, DO HEREBY CERTIFY that
the foregoing pages constitute a true and correct copy of an ordinance 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 ____ day of
_________, 2022, in connection with the foregoing ordinance, that such ordinance
has not been modified or rescinded as of the date hereof, and the original of such
ordinance being duly recorded in the Minute Book of the Commission, which
Minute Book is in my custody and control.
I do hereby CERTIFY that there was a quorum of the Commissioners present
at such meeting, and that such ordinance was duly adopted by the pursuant to the
constituting and governing laws of the Augusta-Richmond County Commission.
Witness my hand and the official seal of Augusta, Georgia this ____ day of
__________, 2022.
(SEAL) ____________________
Lena J. Bonner
Clerk of Commission
*Add new APPENDIX Q ‘TINY HOUSES’ to read as follows:
APPENDIX Q
TINY HOUSES
(The provisions contained in this appendix are not mandatory unless specifically referenced in the adopted ordinance.)
SECTION AQ101
GENERAL
AQ101.1 Scope. This appendix shall be applicable to tiny houses used as single dwelling units.
Tiny houses shall comply with this code except as otherwise stated in this appendix.
APPENDIX AQ102
DEFINITIONS
AQ102.1 General. The following words and terms shall, for the purposes of this appendix, have
the meanings shown herein. Refer to Chapter 2 of this code for general definitions.
EGRESS ROOF ACCESS WINDOW. A skylight or roof window designed and installed to
satisfy the emergency escape and rescue opening requirements in Section R310.2.
LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft.
LOFT. A floor level located more than 30 inches (762 mm) above the main floor, and open to it
on at least one side with a ceiling height of a maximum of 5 feet, used as a living or sleeping
space.
TINY HOUSE. A dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts.
SECTION AQ103
CEILING HEIGHT
AQ103.1 Minimum ceiling height. Habitable space and hallways in tiny houses shall have a
finished ceiling height of not less than 6 feet 8 inches (2032 mm). Bathrooms, toilet rooms and
kitchens shall have a ceiling height of not less than 6 feet 4 inches (1930 mm). Obstructions shall
not extend below these minimum ceiling heights including beams, girders, ducts, lighting
and other obstructions.
Exception: Ceiling heights in lofts are permitted to be less than 6 feet 8 inches (2032 mm) a
maximum of 5 feet (1524 mm).
SECTION AQ104
LOFTS
AQ104.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet
the minimum area and dimension requirements of Sections AQ104.1.1 through AQ104.1.3.
AQ104.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2).
AQ104.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal
dimension.
AQ104.1.3 Height effect on loft area. Portions of a loft with a sloped ceiling measuring less than
3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as
contributing to the minimum required area for the loft.
Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloped
ceiling measuring less than 16 inches (406 mm) from the finished floor to the finished ceiling
shall not be considered as contributing to the minimum required area for the loft.
AQ104.2 Loft access. The access to and primary egress from lofts shall be any type described in
Sections AQ104.2.1 through AQ104.2.4.
AQ104.2.1 Stairways. Stairways accessing lofts shall comply with this code or with Sections
AQ104.2.1.1 through AQ104.2.1.6.
AQ104.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm)
in clear width at or above the handrail. The minimum width below the handrail shall be not
less than 20 inches (508 mm).
AQ104.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than
6 feet 2 inches (1880 mm), as measured vertically, from a sloped line connecting the tread
or landing platform nosings in the middle of their width.
AQ104.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7
inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser
height shall be calculated in accordance with one of the following formulas:
1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or
2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth.
AQ104.2.1.4 Landing platforms. The top tread and riser of stairways accessing lofts shall
be constructed as a landing platform where the loft ceiling height is less than 6 feet 2 inches
(1880 mm) where the stairway meets the loft. The landing platform shall be 18 inches to 22
inches (457 to 559 mm) in depth measured from the nosing of the landing platform to the
edge of the loft, and 16 to 18 inches (406 to 457 mm) in height measured from the landing
platform to the loft floor.
AQ104.2.1.4.1 Landing platform guards. Guards at the open side of landing
platforms shall comply with Section R312.1 or shall be at least as high as the loft
guard; whichever is greater.
AQ104.2.1.5 Handrails. Handrails shall comply with Section R311.7.8.
AQ104.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with
Section R312.1.
AQ104.2.2 Ladders. Ladders accessing lofts shall comply with Sections AQ104.2.2.1 and
AQ104.2.2.2.
AQ104.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less
than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between
rungs. Ladders shall be capable of supporting a 300-pound (136 kg) load on any rung. Rung
spacing shall be uniform within 3/8 inch (9.5 mm).
AQ104.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.
AQ104.2.3 Ships ladders. Ships ladders accessing lofts shall have a minimum tread depth of 5
inches (127 mm). The tread shall be projected such that the total of the tread depth plus the nosing
projection is no less than 8 1/2 inches (216 mm). The maximum riser height shall be 9 1/2 inches
(241 mm). Handrails shall be provided on both sides of ship ladders and shall comply with Section
R311.7.8. Handrail height shall be uniform, not less than 30 inches (762 mm) and not more than
34 inches (864). The clear width at and below handrails shall be not less than 20 inches (508 mm).
Compliant ship ladders may also access additional stories of a tiny house.
AQ104.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards
shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling,
whichever is less, but no less than 18 inches.
SECTION AQ105
EMERGENCY ESCAPE AND RESCUE OPENINGS
AQ105.1 General. Tiny houses shall meet the requirements of Section R310 for emergency escape
and rescue openings.
Exception: Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet
the requirements of Section R310 where installed such that the bottom of the opening is not more
than 44 inches (1118 mm) above the loft floor, provided the egress roof access window complies
with the minimum opening area requirements of Section R310.2.1.
SECTION AQ106
SMOKE AND CARBON MONOXIDE DETECTORS
AQ106.1 SMOKE AND CARBON MONOXIDE DETECTORS. Smoke and carbon monoxide
detectors shall be installed as required in Sections R314 and R315 and on the ceiling directly
underneath any loft and just below the highest point of any loft.
(Effective January 1, 2020)
End of Amendments.
Commission Meeting Agenda
11/15/2022 2:00 PM
HCD_ Rehabilitation Program Approval Request
Department:HCD
Department:HCD
Caption:Motion to approve one (1) Rehabilitation Project in partnership with
Butler’s Home Improvement.(Approved by Administrative Services
Committee November 8, 2022)
Background:The Homeowner-Occupied Rehabilitation Program provides a mechanism
for eligible homeowners to bring their home into compliance with local
codes and provide safe, decent housing for lower-income individuals.
· Homeowner Occupied Rehabilitation – Rehab to include rehabbing
of the roof, gutters, floors, ceilings, HVAC, etc… The Homeowner-
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 one (1) homeowner with funding for the following
address: 1. Contractor: Butler’s Home
Improvement Project Address: 1813 Lokey
Street Amount: $29,650
Analysis:The approval of this request will allow one (1) homeowner 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 - $ 29,650.
Alternatives:Do not approve HCDs Request.
Recommendation:Motion to approve one (1) Rehabilitation project in partnership with
Butler’s Home Improvement.
Funds are Available in
the Following
Accounts:
U.S. Department of Housing and Urban Development (HUD) Funds: a)
CDBG -221073210-5225110
Cover Memo
REVIEWED AND APPROVED BY:
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 (GENERAL
CONTRACTOR CONSTRUCTION, 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 multifamily units located at 1234 USA DRIVE, AUGUSTA,
GA 30906 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
HOME Full Rehab General Contractor
ARTICLE 3
TIME OF PERFORMANCE
The services of the Contractor are to commence on DATE and shall be completed by DATE. 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 DATE 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 Twenty Nine Thousand Six Hundred and Fifty Dollars $29,650. 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 ___SONYA JOHNSON___________________.
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 John Doe________
Name of Contractor
USA Construction
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: _______________
Takiyah A. Douse
As its interim Administrator
By: ___________________________________ Date: ________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
Commission Meeting Agenda
11/15/2022 2:00 PM
HCD_HOME Funding for Sand Hills Urban Development Approval Request
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development Department’s
(HCD's) request to provide HOME funding to Sand Hills Urban
Development (SHUD) to construct two (2) single family units.(Approved
by Administrative Services Committee November 8, 2022)
Background:Housing and Community Development and Sand Hills Urban
Development (SHUD) has been working together to promote affordable
housing in Sand Hills Community where SHUD has already constructed
numerous single family units. Sand Hills Urban Development is
requesting that HCD assist in furthering affordable housing through
continual partnership of providing HOME funds for the construction of
two (2) additional unit. SHUD is requesting: 2821 Wheeler Road,
Augusta, GA 30909: Total Request: $ 117,000.00 2814 Hackle Street,
Augusta, GA 30909: Total Request: $ 119,250.00 The funding request is
to assist with the cost associated with the construction of three single
family units.
Analysis:Approval of the contract will allow two (2) Single Family units to be
constructed for low to moderate income homeowner.
Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received
through its annual allocation from Housing and Urban Development in the
amount of $ 236,250.00 to assist in construction of two (2) single family
unit.
Alternatives:Do not approve HCD’s Request.
Recommendation:Motion to approve Housing and Community Development Department’s
(HCD's) request to provide HOME funding to Sand Hills Urban
Development (SHUD) to construct two (2) single family units.
Funds are Available in
the Following
Accounts:
Housing and Urban Development (HUD) Funds: HOME Investment
Partnership Grant (HOME) funds. HOME Funds: 22107 3212 5225110
Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
Augusta Housing and Community Development Department Page 1
CONTRACT
Between
AUGUSTA, GEORGIA
And
SAND HILL URBAN DEVELOPMENT, INC.
In the amount of
$ 117,000.00
One Hundred Seventeen Thousand Dollars & 00/100
For Fiscal Year 2020
Providing Funding From
HOME INVESTMENT PARTNERSHIPS PROGRAM
“2821 Wheeler Road – Single Family”
THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2022 (“the
effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting
through the Housing and Community Development Department (hereinafter referred to as “HCD”) – with
principal offices at 510 Fenwick , Augusta, Georgia 30901, as party of the first part (hereinafter called
“Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the
State of Georgia (hereinafter called “SHUD”) as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter
called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME
Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the
purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and
WHEREAS, Sand Hills Urban Development, Inc. will be involved in HOME eligible activities; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
supply of affordable housing for HOME Program eligible low and moderate income families through
eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County
Consolidated Plan 2020-2024; and the Year 2020 Annual Action Plan; and
Augusta Housing and Community Development Department Page 2
WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills Urban Development,
Inc. for the administration of HOME eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be an eligible HOME activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code
of Federal Regulations, Part 92 of the Housing and Urban Development Regulations.
WHEREAS, Sand Hills Urban Development, Inc. has agreed to provide services funded through this
contract free from political activities, religious influences, or requirements; and
WHEREAS, Sand Hills Urban Development, Inc. has requested, and Augusta has approved a total of
$ 117,000.00 in HOME funds to perform eligible activities as described in Article I below;
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
a. Project Description
Sand Hills Urban Development, Inc. agrees to utilize approved HOME funds to support
project related costs associated with property located at 2821 Wheeler Road, one (1) single
family unit to be construct and sold to an eligible low-income buyer. This project is an
affordable housing effort which involves development and construction. Under this
agreement:
i. Perform new construction services for a single-family unit.
ii. Will participate in bi-weekly construction meetings.
iii. Perform all required and requested marketing and advertising activities;
in accordance with “Fair Housing” regulations
iv. All projects are to possess the following components:
1. Evidence of additional financing resources “Leveraging”
2. Evidence of Site Control
Augusta Housing and Community Development Department Page 3
3. At the time of sales, evidence that a qualified homebuyer has been
identified, received and completed a comprehensive home buying
education course(s) and pre-purchase housing counseling program,
prior to the completion of the assigned home.
4. If at the time of construction, there is no approved homebuyer,
SHUD must utilize the services of a licensed Realtor to market and
sale the unit.
B. Use of Funds
HOME Program funds shall be used by Sand Hills Urban Development, Inc. for the purposes and
objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of
HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed
uses of funds under this agreement:
a. Construction Costs
An amount not to exceed $ 97,000.00 in a HOME funds shall be expended by Sand Hills Urban
Development, Inc. from Year 2020 HOME Program funds for construction costs related to the
development of one (1)) single family unit at 2821 Wheeler Road in the Hill Terrace
Community. The design and specifications must be approved by HCD prior to construction
(Exhibit A). Funds will be used to assist with the cost of all construction related fees.
The address for this project is:
i. 2821 Wheeler Road, Augusta, Georgia 30909
b. Construction Contingency
C. An amount not to exceed $ 20,000.00 in a HOME funds shall be expended by Sand Hills Urban
Development, Inc. from Year 2020 HOME Program funds for unforeseen or unexpected
construction costs as related to the development of one (1)) single family unit at 2821Wheeler
Road in the Hill Terrace Community. Funding will be used only if determined to be needed to
complete construction and must be approved by HCD.
Initial: ________
D. Program Location and Specific Goals to be Achieved
Sand Hills Urban Development, Inc. shall conduct project development activities and
related services in its project area that incorporates the following boundaries:
Augusta Housing and Community Development Department Page 4
Wrightsboro Road on the North, Bobby Jones Expressway to the West, Washington Road
on the South and Peach Walton Way on the East and its designated geographic
boundaries approved by AHCD.
E. Project Eligibility Determination
It has been determined that the use of HOME Program funds by Sand Hills Urban Development,
Inc. will be in compliance with 24 CFR Part 92. The project has been underwritten and reviewed
in accordance with underwriting standards and criteria of Augusta and the amount of subsidy
provided is appropriate. Notwithstanding any other provisions of this contract, Sand Hills Urban
Development, Inc. shall provide activities and services as described in the description of the
project, including use of funds, its goals and objectives, tasks to be performed and a detailed
schedule for completing the tasks for this project as provided in Exhibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
Sand Hills Urban Development, Inc. will be compensated in accordance with this Article II, Budget and
Method of Payment, that specifically identifies the use of HOME funds and any other project funding as
represented in Article II. C. 2 of this Agreement. Sand Hills Urban Development, Inc. will carry out this
project with implementation oversight provided by HCD. Sand Hills Urban Development, Inc. agrees to
perform the required services under the general coordination of HCD. In addition, and upon approval by
Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services,
consultants, and contractors to help carry out the program and project.
A. Funds
Augusta shall designate and make HOME Program funds available in the following manner:
$117,000.00 loan under this agreement for project expenses incurred as outlined in ARTICLE
I, Scope of Services, subject to Sand Hills Urban Development, Inc. compliance with all
terms and conditions of this agreement and the procedures for documenting expenses and
activities as set forth in ARTICLE V.
a. The method of payment shall be on a reimbursement basis. The Reimbursement
Form can find in Appendix B. For invoicing, Sand Hills Urban Development, Inc.
will include documentation showing proof of payment in the form of a cancelled
check attached with its respective invoice and completed reimbursement form that
includes amount requested, amount remaining and specific line-item names that
relate to the contract budget found in Appendix A.
Augusta Housing and Community Development Department Page 5
b. HCD will monitor the progress of the project and Sand Hills Urban Development,
Inc. performance on a weekly basis with regards to the production and overall
effectiveness of the project.
c. Sand Hills Urban Development, Inc. and procured contractor will participate in bi-
weekly construction meetings as set by HCD.
d. Upon the termination of this agreement, any unused or residual funds remaining shall
revert to Augusta and shall be due and payable on such date of the termination and
shall be paid no later than thirty (30) days thereafter.
e. Funds may not be transferred from line item to line item in the project budget without
prior written approval of Augusta thru HCD.
f. The use of funds described in this agreement is subject to the written approval of the
U. S. Department of Housing and Urban Development.
g. This Agreement is based upon the availability of HOME Program funds. Funds may
be requested on a n as needed basis but not more than once a week.
Initial: ________
B. Project Financing
HCD will fund fifty percent (50%) of the total construction costs in the amount of $97,000.00
and $ 20,000.00 in the amount of construction contingency of this single project and seeks to
provide Sand Hills Urban Development, Inc. with the necessary HOME Agreement.
The Augusta Housing and Community Development Department (AHCD) will fund
no more than $ 117,000.00 of the total development costs of a single project, and
seeks to provide potential homebuyer with the necessary HOME funding upon receipt
of the preliminary closing documents.
HCD will place a lien on the property to ensure proper proceeds are received at the
sale of the property.
HCD agrees to allow SHUD to retain 25% of sales proceeds to further future HOME
development. (Example: 2821 Wheeler Road sales for $185,000; SHUD retains
$46,250 (25%) and pays HCD $ 70,750.00)
Initial: ________
Augusta Housing and Community Development Department Page 6
C. Timetable for Completion of Project Activities
Sand Hills Urban Development, Inc. shall obligate the designated HOME Program funds
within five months of the date of execution of this Agreement. Based on the budget outlined
in D below, Sand Hills Urban Development, Inc. will provide a detailed outline of critical
project milestones and projected expenditures during the development project as Exhibit B.
These documents will become an official part of the contractual agreement and provide the
basis for overall project performance measurements.
a. Liquidated Damages
i. Sand Hills Urban Development, Inc. shall complete this project no later than
150 Days from the effective date of the Notice To Proceed. unless otherwise
approved by Director of HCD. The penalty for non-completion is $50 a day
for every day over the stated deadline.
Initial: ________
D. Project Budget: Limitations
1. Sand Hills Urban Development, Inc. shall be paid a total consideration of no more than
$ 117,000.00 for full performance of the services specified under this Agreement. Any cost above
this amount shall be the sole responsibility of Sand Hills Urban Development, Inc. It is also
understood by both parties to this contract that the funding provided under this contract for this
specific project shall be the only funds provided by Augusta- unless otherwise agreed to by
Augusta and Sand Hills Urban Development, Inc.
2. Sand Hills Urban Development, Inc. shall adhere to the following budget in the performance
of this contract:
Construction $ 97,000.00
Construction Contingency 20,000.00
TOTAL HOME PROJECT COST: $ 117,000.00 Initial: ________
ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME
Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR
Augusta Housing and Community Development Department Page 7
92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture
restrictions regarding its HOME-funded homebuyer program. Each property sold to a homebuyer
will remain affordable for the duration of the affordability period or Augusta will use the
recapture option.
If the eligible homebuyer (who received down payment assistance [HOME Program] or other
development subsidy funds from Augusta) sells their property, then HCD shall capture the
HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other
affordable housing in Augusta for low and moderate-income persons. This shall be accomplished
through deed restrictions, property liens, and contractual obligations, as described in Article I.B
of this Agreement.
ARTICLE IV. TERM OF CONTRACT
The term of this Agreement shall commence on the date when this agreement is executed by Augusta and
Sand Hills Urban Development, Inc. (whichever date is later) and shall end at the completion of all
program activities, within the time specified in Article II. C, or in accordance with Article X: Suspension
and Termination.
ARTICLE V: DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
Sand Hills Urban Development, Inc. or any contractor/subcontractor hereunder. All payments to
Sand Hills Urban Development, Inc. by Augusta will be made on a per performance request
through the AIA Document.
B. Sand Hills Urban Development, Inc. shall maintain a separate account and accounting process for
HOME funding sources.
C. Sand Hills Urban Development, Inc. shall not use these funds for any purpose other than the
purpose set forth in this Agreement.
D. Subject to Sand Hills Urban Development, Inc. compliance with the provisions of this
Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and
local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant
Augusta Housing and Community Development Department Page 8
Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations”
as well as the procurement policy of Augusta.
F. Requests by Sand Hills Urban Development, Inc. for payment shall be accompanied by proper
documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no
later than their (30) calendar days after the last date covered by the request. For purposes of this
section, proper documentation includes: “Reimbursement Request Form” supplied by HCD,
copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of
specific activities undertaken. Invoices shall not be honored if received by HCD later than sixty
(60) calendar days after expiration date of Agreement. The reimbursement request form is in
Appendix B.
G. Sand Hills Urban Development, Inc. shall maintain an adequate financial system and internal
fiscal controls.
H. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the
reallocation of unexpended funds to eligible projects proposed by Sand Hills Urban
Development, Inc..
Initial: ________
ARTICLE VI. REPAYMENT/PROGRAM INCOME
A. Augusta will be responsible for monitoring the reuse of the proceeds.
B. Any real property under Sand Hills control that was acquired or improved in whole or in
part with HOME funds in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five
years after the expiration of this Agreement; or
b. Be disposed of in a manner that results in Augusta being reimbursed in the
amount of the current fair market value of the property, less any portion of the
value attributable to expenditures of non-HOME funds for acquisition of, or
improvement to, the property.
C. Any HOME funds invested in housing that does not meet the affordability requirements
for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand
Hills.
D. Any HOME funds invested in a project that is terminated before completion, either
voluntarily or otherwise, must be repaid by Sand Hills.
Augusta Housing and Community Development Department Page 9
E. If Sand Hills is found to be in non-compliance with the HOME Program laws and
regulations as described in 24 CFR Part 92, the organization will be required to reimburse
Augusta for the funding associated with the noncompliance issues.
ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program
laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F
(Project Requirements), and Subpart H (Other Federal Requirements). These compliance
activities include, but are not limited to:
a. Maximum acquisition prices [24 CFR 92.205A.2]
b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)]
c. Combined affordability of assisted units
d. Income eligibility of assisted unites
e. Inspection of the homebuyer units to comply with HUD required Property Standards
f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353]
g. Environmental Review
h. Lead-based Paint Abatement
i. Property Value [Section 203(b) Limits]
To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills
shall maintain records that document all clients served with HOME funds. In addition, Sand Hills
shall document each client’s race, family size, annul household income, and whether or not the
family is female-headed. Augusta shall supply “Income Verification” forms which, when
completed by those clients served by Sand Hills, shall provide the information and verification
described above.
Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s
request. Augusta shall supply Sand Hills with the following report forms and require the same to
be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly
Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix
B below.
Augusta Housing and Community Development Department Page 10
Sand Hills shall maintain books and records in accordance with generally accepted accounting
principles. Documents shall be maintained in accordance with practices that sufficiently and
properly reflect all expenditure of funds provided by Augusta under this Agreement.
Sand Hills shall make all records for this project available to Augusta, the U.S. Department of
Housing and Urban Development, the Comptroller General of the United States, or any of their
duly authorized representatives for the purpose of making audits, examinations, excerpts and
transcriptions.
In compliance with OMB Circular A-110 regarding retention and custodial requirements for
records, Sand Hills shall maintain financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of three years, with the following
qualifications:
a. If any litigation, claim or audit is started before the expiration of the 3-year
period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
b. Records for non-spendable personal property acquired with HOME grant
funds shall be retained for three years after its final disposition. Non-
expendable personal property means tangible personal property having a
useful life of more than one year and an acquisition cost of $300 or more per
unit.
In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and
organization – wide audited financial statement consisting of a balance sheet, income statement
and a statement of changes in its financial position. All documents shall be prepared by certified
public accountant. Such financial disclosure information shall be filed with Augusta within one
hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is
responsible for any cost associated with the audit. Failure to comply may result in the
reallocation of funding and termination of the contract. Sand Hills shall supply, up on request,
documentation maintained in accordance with practices which sufficiently and properly reflect
all expenditures of funds provided by Augusta under this Agreement.
Augusta Housing and Community Development Department Page 11
Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be
provided under the agreement may be a public record subject to Georgia’s Open Records Act
(O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request
be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings
Law and the following compliance measures will be taken:
a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called
meetings except emergency meetings;
b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it
will keep a written agenda, minutes, attendance, and voting record for each meeting
and make the same available for inspections by the press, the public and the Grantee,
subject to the provision of the Open Meetings Law.
c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board
meetings, except for such portions of the meeting as may be closed pursuant to the
Open Meetings Law.
d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of
Director’s meetings. Publications and minutes of each meeting shall be submitted to
Grantee within 30 days after each meeting.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
Sand Hills Urban Development, Inc. agrees to comply with the conflict-of-interest
provisions contained in 24 CFR 92.356 (f) as appropriate.
This conflict-of-interest provision applies to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of Sand Hills Urban
Development, Inc.. No person described above who exercises, may exercise or has
exercised any functions or responsibilities with respect to the HOME activities supported
under this contract; or who are in a position to participate in a decision-making process
or gain inside information with regard to such activities, may obtain any financial interest
or benefit from the activities, or have a financial interest in any contract, sub-contract, or
agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter.
For the purpose of this provision, "family ties", as defined in the above cited volume and
Augusta Housing and Community Development Department Page 12
provisions of the Code of Federal Regulations, include those related as Spouse, Father,
Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother,
Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual
holding any interest in the subject matter of this Contract. The Sand Hills Urban
Development, Inc. in the persons of Directors, Officers, Employees, Staff, Volunteers
and Associates such as Contractors, Sub-contractors and Consultants shall sign and
submit a Conflict-of-Interest Affidavit. (Affidavit form attached as part in parcel to this
Contract.
B. Augusta may, from time to time, request changes to the scope of this contract and
obligations to be performed hereunder by The Sand Hills Urban Development, Inc.. In
such instances, Sand Hills Urban Development, Inc. shall consult with HCD/Augusta on
any changes that will result in substantive changes to this Contract. All such changes
shall be made via written amendments to this Contract and shall be approved by the
governing bodies of both Augusta and Sand Hills Urban Development, Inc..
C. Statutes, regulations, guidelines, and forms referenced throughout this Contract are listed
in Appendix A and are attached and included as part in parcel to this Contract.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
Sand Hills Urban Development, Inc. agrees that it will conduct and administer HOME
activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964",
and with Pub. L. 90-284 "Fair Housing Act", and that it will affirmatively further fair
housing. One suggested activity is to use the fair housing symbol and language in Sand
Hills Urban Development, Inc. publications and/or advertisements. (24 CFR 570.601).
Non-Discrimination and Accessibility
Sand Hills Urban Development, Inc. agrees to comply with 24 CFR Part I, which
provides that no person shall be excluded from participation in this project on the grounds
of race, color, national origin, or sex; or be subject to discrimination under any program
or activity funded in whole or in part with federal funds made available pursuant to the
Act. Reasonable accommodations will be offered to all disabled persons who request
accommodations due to disability at any time during the application, resident selection
and rent up process.
Enforcement Provisions
1. HCD will conduct yearly on-site inspections of assisted units to verify they are
maintained in standard condition and meet applicable housing quality standards to
include ongoing maintenance requirements.
Augusta Housing and Community Development Department Page 13
2. Breach of Agreement or default: Breach occurs when a party to a contract fails to
fulfill his or her obligation as described in the contract or communicates an intent to
fail the obligation or otherwise appears not to be able to perform his or her obligation
under the contract. Any obligations by either party not being upheld by said
agreement will constitute as noncompliance and result in termination of agreement.
HCD will notify Sand Hills Urban Development, Inc. if the agreement is in default or
has been breached in any manner.
3. Repayment of HOME Funds: If property does not comply with 24 CFR 92.252
funding will be paid back with nonfederal funds.
D. Labor Standards
1. General: Sand Hills Urban Development, Inc. agrees that in instances in which
there is construction work over $2,000 financed in whole or in part with HOME
funds under this Contract, Sand Hills Urban Development, Inc. will adhere to the
Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and
mechanics working on the project to be paid not less than prevailing wage-rates as
determined by the Secretary of Labor. By reason of the foregoing requirement,
the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also
applies. These requirements apply to the rehabilitation of residential property
only if such property contains eight or more units. (24 CFR 92.354)
2. Labor Matters: No person employed in the work covered by this contract shall
be
discharged or in any way discriminated against because he or she has filed any
complaint or instituted or caused to be instituted any proceeding or has testified or
is about to testify in any proceeding under or relating to the labor standards
applicable hereunder to his or her employer. (24 CFR 92.354)
E. Environmental Standards
Sand Hills Urban Development, Inc. 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 following the Act and
regulations. Prior to beginning any project development activity, an environmental
review must be conducted by the Augusta-Richmond County Planning Department
pursuant to (24 CFR 92.352).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), Sand
Hills Urban Development, Inc. agrees that HOME funds shall not be expended for
acquisition or construction in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards (representing the 100-year floodplain).
Augusta Housing and Community Development Department Page 14
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. Displacement and Relocation
Sand Hills Urban Development, Inc. agrees to take all reasonable steps to minimize
displacement of persons as a result of HOME assisted activities. Any such activities
assisted with HOME funds will be conducted in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing
and Community Development Act of 1974 (24 CFR 92.353).
H. Non-Discrimination in Employment
Sand Hills Urban Development, Inc. agrees to comply with Executive Order 11246 and
12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no
person shall be discriminated against on the basis of race, color, religion, sex or national
origin. Sand Hills Urban Development, Inc. will in all solicitations or advertisements for
employees placed by or on behalf of Sand Hills Urban Development, Inc.; state that all
qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or familial status.
I. Employment and Business Opportunities
Sand Hills Urban Development, Inc. agrees that low- and moderate-income persons
residing within Augusta-Richmond County; and that contracts for work in connection
with the project be awarded to eligible business concerns which are located in or owned
in substantial part by persons residing in Augusta-Richmond County - (24 CFR 570.697).
J. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of the
CDBG Regulations, Sand Hills Urban Development, Inc. agrees to comply with the Lead
Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-
based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35
with regard to notification of the hazards of lead-based paint poisoning and the
elimination of lead-based paint hazards.
K. Debarred, Suspended or Ineligible Contractor
Sand Hills Urban Development, Inc. 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,
Augusta Housing and Community Development Department Page 15
or placement in ineligibility status. No contract will be executed until such time that the
debarred, suspended or ineligible contractor has been approved and reinstated by HCD.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, Sand Hills Urban Development, Inc.
agrees to administer a policy to provide a drug-free workplace that is free from illegal
use, possession or distribution of drugs or alcohol by its beneficiaries as required by the
Drug Free Workplace Act of 1988.
M. Publicity
Any publicity generated by Sand Hills Urban Development, Inc. for the project funded
pursuant to this Contract, during the term of this Contract or for one year thereafter, will
make reference to the contribution of Augusta-Richmond County in making the project
possible. The words "Augusta-Richmond County Department of Housing and
Community Development" will be explicitly stated in any and all pieces of publicity;
including but not limited to flyers, press releases, posters, brochures, public service
announcements, interviews, and newspaper articles.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if Sand Hills Urban Development, Inc. fails to expend
its grant funds in a timely manner, such failure shall constitute a material failure to
comply with this Contract and invoke the suspension and termination provisions of
ARTICLE X. For purposes of this Contract, timely expenditure of funds means Sand
Hills Urban Development, Inc. shall obligate and expend its funds as designated under
ARTICLE II. (B).
O. Compliance with Laws and Permits
Sand Hills Urban Development, Inc. 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.
Sand Hills Urban Development, Inc. agrees to obtain all necessary permits for intended
improvements or activities.
P. Assignment of Contract
Sand Hills Urban Development, Inc. shall not assign any interest in this contract or
transfer any interest in the same without the prior written approval of Augusta.
Q. Equal Employment Opportunity
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Sand Hills Urban Development, Inc. agrees to comply with the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against
otherwise qualified individuals with handicaps under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For
purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part
8 shall include sleeping accommodations.
R. Affirmative Action
Sand Hills Urban Development, Inc. will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, or familial
status. Sand Hills Urban Development, Inc. will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, national origin, or Sand Hills Urban
Development, Inc. social status. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-
off or termination, rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Sand Hills Urban Development, Inc. 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. Sand
Hills Urban Development, Inc. agrees to make efforts to encourage the use of minority
and women-owned business enterprises in connection with HOME supported activities.
S. Affirmative Marketing Plan
Sand Hills Urban Development, Inc. and managing agent shall adopt the affirmative
marketing procedures and requirements as specified in the HOME Final Rule 92.351.
T. Religious Influence
Sand Hills Urban Development, Inc. 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. Sand Hills Urban Development, Inc. will not discriminate against
any person applying for shelter on the basis of religion. Sand Hills Urban Development,
Inc. will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing and exert no religious influence in the
provision of shelter and other eligible activities funded by this grant.
U. Indirect Costs
Indirect costs will only be paid if Sand Hills Urban Development, Inc. has indirect cost
allocation plan approved by the Department of Housing and Urban Development prior to
the execution of this Contract.
Augusta Housing and Community Development Department Page 17
V. Travel
If applicable, Sand Hills Urban Development, Inc. shall obtain prior written approval
from the Grantee for any travel outside the State of Georgia with funds provided under
this contract. All Federal Travel Regulations are applicable (41 CFR Part 301).
W Construction Requirements - SEE APPENDIX C
All housing units [rehabilitated, reconstructed or newly constructed] and assisted with
HOME Program funds must, before occupancy, meet the Property Standards specified at
25 CFR 92.251 [the HOME Program Regulations]. The Property Standards at 24 CFR
92.251 require that the units receiving HOME Program funds must meet all local codes
for new construction. In the absence of local codes, properties must meet the HUD
Section 8 Housing Quality Standards [HQS]. All units assisted under this Contract is
“new construction” by HOME Program definition and therefore must meet the local
building codes for new housing in Augusta-Richmond County, as applicable. All units
must meet applicable property standards upon project completion.
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event Sand Hills Urban Development, Inc. materially fails to comply with any
terms of this agreement, including the timely completion of activities as described in the
timetable and/or contained in ARTICLE I, Scope of Services, Augusta may withhold
cash payments until Sand Hills Urban Development, Inc. cures any breach of the
contract. If Sand Hills Urban Development, Inc. fails to cure the breach, Augusta may
suspend or terminate the current award of HOME funds for Wheeler Road project.
B. Notwithstanding the above, Sand Hills Urban Development, Inc. shall not be relieved of
its liability to Augusta for damages sustained as a result of any breach of this contract. In
addition, to any other remedies it may have at law or equity, Augusta may withhold any
payments to Sand Hills Urban Development, Inc. for the purposes of set off until such
time as the exact amount of damages is determined.
C. In the best interest of the program and to better serve the people in the target areas and
fulfill the purposes of the Act, the City of Augusta can terminate this contract if Sand
Hills Urban Development, Inc. breach this contract or violate any regulatory rules. The
City of Augusta can terminate the contrite in 30 days and call the note due.
D. Notwithstanding any termination or suspension of this Contract, Sand Hills Urban
Development, Inc. shall not be relieved of any duties or obligations imposed on it under
ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOME
funds previously disbursed or income derived therefrom.
Augusta Housing and Community Development Department Page 18
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by certified United States mail, return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice shall remain such until it
shall have been changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
535 Telfair Street
Augusta, GA 30911
With copies to:
Augusta Housing and Community Development Department
510 Fenwick Street
Augusta, GA 30901
Sand Hills Urban Development, Inc. will receive all notices at the address indicated below:
Sand Hills U Sand Hills Urban Development, Inc.
3062 Damascus Road, Suite 10
Augusta, Georgia 30909
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by U.S. mail.
ARTICLE XII. INDEMNIFICATION
Sand Hills Urban Development, Inc. will at all times hereafter indemnify and hold harmless
Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or
expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting
from any or all suits or damages of any kind resulting from injuries or damages sustained by any
person or persons, corporation or property, by virtue of the performance of this Contract. By
execution of this agreement, Sand Hills Urban Development, Inc. specifically consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right
to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Contract, or should the terms of this Contract in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control same.
Augusta Housing and Community Development Department Page 19
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors, and assigns, all jointly and severally under the terms of this Contract.
ARTICLE XIII. INSURANCE AND BONDING
Sand Hills Urban Development, Inc. shall acquire adequate insurance coverage to protect all
contract assets from loss or damage resulting from theft, fraud or physical damage. All policies
and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills
Urban Development, Inc. shall procure and provide for approval by Augusta a blanket fidelity
bond in the amount of at least $100,000.00 covering all personnel of Sand Hills Urban
Development, Inc. handling or charged with the responsibility for handling funds and property
pursuant to this contract. SHUD shall procure and provide, for approval by Augusta,
comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the
Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and
Augusta’s officers, agents, members, employees, and successors.
Additionally, Sand Hills Urban Development, Inc. shall procure officers and directors liability
insurance under policies to be approved by Augusta. All of the above policies shall provide that
no act or omission of the grantee, its agents, servants, or employees shall invalidate any
insurance coverage required to be provided by Sand Hills Urban Development, Inc. hereunder
shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All
insurance policies required hereunder or copies thereof shall be promptly submitted for approval
by Augusta.
ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of
this agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills
Urban Development, Inc. beyond the term of this Contract.
ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to
be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read
and enforced as though it were included herein and if, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, then upon application of either party this
Contract shall forthwith be amended to make such insertion.
Augusta Housing and Community Development Department Page 20
ARTICLE XVI. ANTI-LOBBYING
To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
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ARTICLE XVII. COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original
and together shall constitute one and the same Agreement with one counterpart being delivered
to each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
Approved as to form: _________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis
As its Mayor
By: ___________________________________ Date: _________________
Takiyah A. Douse
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
ATTEST: Sand Hills Urban Development, Inc.___
(Grantee)
BY:_________________________ _______
Its: __________________________ Date
________________ _______
Plain Witness Date
Augusta Housing and Community Development Department Page 22
APPENDIX A
Statutes:
24 CFR Part 92, HOME Investment Partnerships Program (“HOME”)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit
Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based
Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential
Property being sold, Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
AIA Construction Document
Contract and Subcontract Activity Report
Monthly Report
Quarterly Report
Annual Report
Augusta Housing and Community Development Department Page 23
APPENDIX B
REPORTING REQUIREMENTS
Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the
term of this agreement and maintain applicable documentation for the full term of the
affordability period. Augusta reserves the right to change reporting requirements, as needed as
well as the right to review records and reports for the public, HUD, IG or any other interested
party as deemed appropriate.
1. Monthly/Quarterly Progress & Financial Reports
Due the 15th of the month for each new quarter.
2. Annual Progress Report (January 16th)
3. Audit/Financial Report by April 30th
4. Contract & Subcontract Activity Report Due with each Request for Payment
5. Grantee shall maintain files on each person assisted. Each file shall contain, but
is not restricted to, income data and verification for each person assisted; Rental
housing application, worker order requests, inspection reports, payment history,
pest control log, violation report; and any other document that will provide proof
of needed service(s) and subsequent provision of such service(s) as allowed under
this contract.
6. Sand Hills Urban Development, Inc. shall establish and maintain an Affirmative
Marketing file to hold advertisements, flyers, and other public information. Must
also keep records of its activities in implementing the affirmative marketing plan,
including other community outreach efforts and its annual analysis.
7. Sand Hills Urban Development, Inc. shall keep up-to-date records based on
census data, applications, and surveys about community residents, applicants,
residents of the project, and records about tenant selection or rejection.
Augusta Housing and Community Development Department Page 24
APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code", 2000 Edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice,
American with Disabilities Act of 1990”.
G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code
of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29,
Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16,
1972.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Eligible Contractors: Any contractor desiring to bid on HOME projects may apply for
inclusion on the HCD Approved Contractor List. Applications will be processed and either
approved or disapproved within 10 working days. Under no circumstances will barred,
disapproved, or otherwise ineligible contractors be allowed to bid on federally funded
projects.
3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch
lists or other means of outlining work on a particular project will be submitted in writing to
HCD for review and approval prior to bidding. HCD Construction and Rehabilitation
Inspectors will review these items for compliance with new construction and/or
rehabilitation standards and materials use.
Augusta Housing and Community Development Department Page 25
4. Change Orders: Change orders are a part of doing business in but will be managed by
written request to HCD for approval. No one can give a verbal change order on site.
Documentation must be submitted and approved by Program Manager and Director of HCD.
5. Retainage for 10% of each draw will be withheld until all the work is complete.
6. Property Standards: 92.251(a)(1) requires new construction projects to meet State and local
codes, ordinances, and zoning requirements. In the absence of an applicable State or local
code for new construction, HOME-assisted projects must meet the International Code
Council’s (ICC’s) International Residential Code or International Building Code, whichever
is applicable to the type of housing being developed.
§92.251(a)(2) incorporates or specifies additional standards:
• Accessibility requirements as applicable, in accordance with Section 504 of the
Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act.
These requirements are not new.
• Disaster mitigation standards, in accordance with State and local requirements or as
established by HUD, where they are needed to mitigate the risk of potential disasters
(such as earthquakes, hurricanes, flooding, and wildfires). This is a new requirement.
§92.251(a)(iv) and (v) adds requirements to improve project oversight for new construction.
HCD must:
• Review and approve written cost estimates, construction contracts, and construction
documents.
• Conduct construction progress and final inspections to ensure that work is done in
accordance with the applicable codes, the construction contract, and construction
documents.
7. Inspections. The project will be inspected and approved by an HCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
8. HOME-assisted rental housing must meet the required property standards at the time of the
project completion and must be maintained in accordance with applicable housing quality
standards throughout the affordability period.
Augusta Housing and Community Development Department Page 26
EXHIBIT “A”
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Community Development Department agrees to
provide up to $117,000.00 in Year 2020 HOME Investment Partnerships Funds to Sand
Hills Urban Development, Inc.. These funds will support new construction with the
production of approximately one single-family affordable unit.
2. HCD must review and approve all residential design plans, project specifications and
total development cost for each residential development project before work is
commenced and before funds can be released for payment reimbursement. Construction
payments will be released to Sand Hills Urban Development, Inc. in accordance with the
attached drawdown schedule and budget.
3. With HCD approval, Sand Hills Urban Development, Inc. may use HOME funds under
this contract for all the following purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion Delays, Remedies, and Penalties
A. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, HCD may
1. Terminate the contractor in accordance with the “Provisions for Augusta Housing
and Community Development Department (HCD)” clause of this contract.
2. Assess liquidated damages of fifty dollars ($50.00) per working day from the
schedule of completion to the date of final acceptance of the project. The total
amount of liquidated damages will be deducted from the total contract price, plus
any change order amounts.
B. The Contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
1. To any acts of the Federal, State, or City/County Government; including controls
or restrictions upon or requisitioning of materials, equipment, tools or labor by
reason or war, National Defense, or other National, State or City/County
emergency.
2. To any acts of the Owner that hinder the progress of the work.
3. To causes not reasonable foreseeable by the parties to this contract at the time of
the execution of the contract which are beyond the control and without the fault or
Augusta Housing and Community Development Department Page 27
negligence of the Contractor; including but not restricted to acts of God; as of the
public enemy; acts of another contractor in the performance of some other
contract with the owner; fires; epidemics; quarantine restrictions; strikes; freight
embargoes; and weather of unusual severity such as hurricanes, tornadoes,
cyclones, and other extreme weather conditions; and
4. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor promptly
(within 10 days) notifies HCD in writing of the cause of the delay. If the fact
shows the delay to be properly excusable under the terms of this contract, HCD
shall extend the contract time by a period commensurate with the period of
authorized delay to the completion of the work as whole; in the form of an
amendment to this contract.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be identified on a
project-by-project basis in EXHIBIT B. In no case will this amount exceed the
maximum per unit amount as defined at 24 CFR 92.250.
b. Sand Hills Urban Development, Inc. will provide construction management for the
project to ensure that construction work is being carried out in accordance with plans,
specifications, and the project budget.
c. Sand Hills Urban Development, Inc. must make sure contractor obtains and posts all
permits on job site. Prior to releasing final payment on each unit, Sand Hills Urban
Development, Inc. must also secure a Certificate of Occupancy from the contractor
that has been issued by the Department of Licenses and Inspection.
d. Sand Hills Urban Development, Inc. must collect from the contractor a copy of the
construction supply invoice and submit to HCD at time of Notice to Proceed.
e. Sand Hills Urban Development, Inc. must collect progress and final lien releases from
the contractor, subcontractors, and material suppliers prior to making a payment to a
contractor.
f. HCD may continually inspect each unit for contract compliance and to determine the
percent of completion prior to processing a draw request and releasing payment. HCD
may elect to make up to five (5) payments per unit. HCD may choose not to release
payments if the work being performed is not of acceptable quality to HCD and if the
unit is not being built or rehabilitated in accordance with plans and specifications, or if
project is not on schedule.
Augusta Housing and Community Development Department Page 28
EXHIBIT “B”
PROJECT SCHEDULE OF COMPLETION
SAND HILLS URBAN DEVELOPMENT, INC. MUST PROVIDE A COMPLETED
SCHEDULE OF COMPLETION AS EXHIBIT C - WITH APPROPRIATE PROJECT
MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS CONTRACT. THIS
SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO
MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE
OF THIS CONTRACT. A SAMPLE SCHEDULE IS PROVIDED BELOW.
Augusta Housing and Community Development Department Page 1
CONTRACT
Between
AUGUSTA, GEORGIA
And
SAND HILL URBAN DEVELOPMENT, INC.
In the amount of
$ 119,250.00
One Hundred Nineteen Thousand Two Hundred Fifty Dollars & 00/100
For Fiscal Year 2021
Providing Funding From
HOME INVESTMENT PARTNERSHIPS PROGRAM
“2814 Hackle Street – Single Family”
THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2022 (“the
effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting
through the Housing and Community Development Department (hereinafter referred to as “HCD”) – with
principal offices at 510 Fenwick , Augusta, Georgia 30901, as party of the first part (hereinafter called
“Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the
State of Georgia (hereinafter called “SHUD”) as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter
called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME
Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the
purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and
WHEREAS, Sand Hills Urban Development, Inc. will be involved in HOME eligible activities; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
supply of affordable housing for HOME Program eligible low and moderate income families through
eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County
Consolidated Plan 2020-2024; and the Year 2021 Annual Action Plan; and
Augusta Housing and Community Development Department Page 2
WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills Urban Development,
Inc. for the administration of HOME eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be an eligible HOME activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code
of Federal Regulations, Part 92 of the Housing and Urban Development Regulations.
WHEREAS, Sand Hills has been selected and approved to partner with J.L. Lovett Construction
as development partners to assist in the development of the Hackle Street unit. Sand Hills serves
as a developer receiving CHDO set aside funding;
WHEREAS, Sand Hills Urban Development, Inc. has agreed to provide services funded through this
contract free from political activities, religious influences, or requirements; and
WHEREAS, Sand Hills Urban Development, Inc. has requested, and Augusta has approved a total of
$ 119,250.00 in HOME funds to perform eligible activities as described in Article I below;
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
a. Project Description
Sand Hills Urban Development, Inc. agrees to utilize approved HOME funds to support
project related costs associated with property located at 2814 Hackle Street, one (1) single
family unit to be construct and sold to an eligible low-income buyer. This project is an
affordable housing effort which involves development and construction. Under this
agreement:
i. Perform new construction services for a single family unit.
ii. Will serve as a developer and provide CHDO activities
iii. Will participate in bi-weekly construction meetings.
Augusta Housing and Community Development Department Page 3
iv. Perform all required and requested marketing and advertising activities;
in accordance with “Fair Housing” regulations
v. All projects are to posses the following components:
1. Evidence of additional financing resources “Leveraging”
2. Evidence of Site Control
3. At the time of sales, evidence that a qualified homebuyer has been
identified, received and completed a comprehensive home buying
education course(s) and pre-purchase housing counseling program,
prior to the completion of the assigned home.
4. If at the time of construction, there is no approved homebuyer,
SHUD must utilize the services of a licensed Realtor to market and
sale the unit.
B. Use of Funds
HOME Program funds shall be used by Sand Hills Urban Development, Inc. for the purposes and
objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of
HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed
uses of funds under this agreement:
a. Construction Costs
An amount not to exceed $ 99,250.00 in a HOME funds shall be expended by Sand Hills Urban
Development, Inc. from Year 2021 HOME Program funds for construction costs related to the
development of one (1)) single family unit at 2814 Hackle Street in the Hill Terrace Community.
The design and specifications must be approved by HCD prior to construction (Exhibit A). Funds
will be used to assist with the cost of all construction related fees. Sales price will be
determined by an as built appraisal as submitted by SHUD. This unit will be constructed
by Sand Hills and made available for purchase by HOME Program eligible low and
moderate income homebuyers.
The address for this project is:
i. 2814 Hackle Street, Augusta, Georgia 30909
Augusta Housing and Community Development Department Page 4
b. Construction Contingency
C. An amount not to exceed $ 20,000.00 in a HOME funds shall be expended by Sand Hills Urban
Development, Inc. from Year 2021 HOME Program funds for unforeseen or unexpected
construction costs as related to the development of one (1)) single family unit at 2814 Hackle
Road in the Hill Terrace Community. Funding will be used only if determined to be needed to
complete construction and must be approved by HCD.
Initial: ________
D. Program Location and Specific Goals to be Achieved
Sand Hills Urban Development, Inc. shall conduct project development activities and
related services in its project area known as Hill Terrace that incorporates the following
boundaries: Wrightsboro Road on the North, Bobby Jones Expressway to the West,
Washington Road on the South and Peach Walton Way on the East and its designated
geographic boundaries approved by AHCD.
E. Project Eligibility Determination
It has been determined that the use of HOME Program funds by Sand Hills Urban Development,
Inc. will be in compliance with 24 CFR Part 92. The project has been underwritten and reviewed
in accordance with underwriting standards and criteria of Augusta and the amount of subsidy
provided is appropriate. Notwithstanding any other provisions of this contract, Sand Hills Urban
Development, Inc. 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.
SHUD will comply with § 92.300(a)(1) & §92.300(a)(2)
ARTICLE II. BUDGET AND METHOD OF PAYMENT
Sand Hills Urban Development, Inc. will be compensated in accordance with this Article II, Budget and
Method of Payment, that specifically identifies the use of HOME funds and any other project funding as
represented in Article II. C. 2 of this Agreement. Sand Hills Urban Development, Inc. will carry out this
project with implementation oversight provided by HCD. Sand Hills Urban Development, Inc. agrees to
perform the required services under the general coordination of HCD. In addition, and upon approval by
Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services,
consultants, and contractors to help carry out the program and project.
Augusta Housing and Community Development Department Page 5
A. Funds
Augusta shall designate and make HOME Program funds available in the following manner:
$119,250.00 loan under this agreement for project expenses incurred as outlined in ARTICLE
I, Scope of Services, subject to Sand Hills Urban Development, Inc. compliance with all
terms and conditions of this agreement and the procedures for documenting expenses and
activities as set forth in ARTICLE V.
a. The method of payment shall be on a reimbursement basis. The Reimbursement
Form can find in Appendix B. For invoicing, Sand Hills Urban Development, Inc.
will include documentation showing proof of payment in the form of a cancelled
check attached with its respective invoice and completed reimbursement form that
includes amount requested, amount remaining and specific line-item names that
relate to the contract budget found in Appendix A.
b. HCD will monitor the progress of the project and Sand Hills Urban Development,
Inc. performance on a weekly basis with regards to the production and overall
effectiveness of the project.
c. Sand Hills Urban Development, Inc. and contractor will participate in bi-weekly
construction meetings as set by HCD.
d. Upon the termination of this agreement, any unused or residual funds remaining shall
revert to Augusta and shall be due and payable on such date of the termination and
shall be paid no later than thirty (30) days thereafter.
e. Funds may not be transferred from line item to line item in the project budget without
prior written approval of Augusta thru HCD.
f. The use of funds described in this agreement is subject to the written approval of the
U. S. Department of Housing and Urban Development.
g. This Agreement is based upon the availability of HOME Program funds. Funds may
be requested on a n as needed basis but not more than once a week.
Initial: ________
B. Project Financing
HCD will fund fifty percent (50%) of the total construction costs in the amount of $99,250.00
and $ 20,000.00 in the amount of construction contingency of this single project and seeks to
provide Sand Hills Urban Development, Inc. with the necessary HOME Agreement.
Augusta Housing and Community Development Department Page 6
The Augusta Housing and Community Development Department (AHCD) will fund
no more than $ 119,250.00 of the total development costs of a single project, and
seeks to provide potential homebuyer with the necessary HOME funding upon receipt
of the preliminary closing documents.
HCD will place a lien on the property to ensure proper proceeds are received at the
sale of the property.
HCD agrees to allow SHUD to retain 25% of sales proceeds to further future HOME
development. (Example: 2814 Hackle Street sales for $185,000; SHUD retains
$46,250 (25%) and pays HCD $ 73,000.00)
Initial: ________
C. Timetable for Completion of Project Activities
Sand Hills Urban Development, Inc. shall obligate the designated HOME Program funds
within five months of the date of execution of this Agreement. Based on the budget outlined
in D below, Sand Hills Urban Development, Inc. will provide a detailed outline of critical
project milestones and projected expenditures during the development project as Exhibit B.
These documents will become an official part of the contractual agreement and provide the
basis for overall project performance measurements.
a. Liquidated Damages
i. Sand Hills Urban Development, Inc. shall complete this project no later than
150 Days from the effective date of the Notice To Proceed. unless otherwise
approved by Director of HCD. The penalty for non-completion is $50 a day
for every day over the stated deadline.
Initial: ________
D. Project Budget: Limitations
1. Sand Hills Urban Development, Inc. shall be paid a total consideration of no more than
$ 119,250.00 for full performance of the services specified under this Agreement. Any cost above
this amount shall be the sole responsibility of Sand Hills Urban Development, Inc. It is also
understood by both parties to this contract that the funding provided under this contract for this
Augusta Housing and Community Development Department Page 7
specific project shall be the only funds provided by Augusta- unless otherwise agreed to by
Augusta and Sand Hills Urban Development, Inc.
2. Sand Hills Urban Development, Inc. shall adhere to the following budget in the performance
of this contract:
Construction $ 99,250.00
Construction Contingency 20,000.00
TOTAL HOME PROJECT COST: $ 119,250.00 Initial: ________
ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME
Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR
92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture
restrictions regarding its HOME-funded homebuyer program. Each property sold to a homebuyer
will remain affordable for the duration of the affordability period or Augusta will use the
recapture option.
If the eligible homebuyer (who received down payment assistance [HOME Program] or other
development subsidy funds from Augusta) sells their property, then HCD shall capture the
HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other
affordable housing in Augusta for low and moderate-income persons. This shall be accomplished
through deed restrictions, property liens, and contractual obligations, as described in Article I.B
of this Agreement.
ARTICLE IV. TERM OF CONTRACT
The term of this Agreement shall commence on the date when this agreement is executed by Augusta and
Sand Hills Urban Development, Inc. (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.
Augusta Housing and Community Development Department Page 8
ARTICLE V: DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
Sand Hills Urban Development, Inc. or any contractor/subcontractor hereunder. All payments to
Sand Hills Urban Development, Inc. by Augusta will be made on a per performance request
through the AIA Document.
B. Sand Hills Urban Development, Inc. shall maintain a separate account and accounting process for
HOME funding sources.
C. Sand Hills Urban Development, Inc. shall not use these funds for any purpose other than the
purpose set forth in this Agreement.
D. Subject to Sand Hills Urban Development, Inc. compliance with the provisions of this
Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and
local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations”
as well as the procurement policy of Augusta.
F. Requests by Sand Hills Urban Development, Inc. for payment shall be accompanied by proper
documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no
later than their (30) calendar days after the last date covered by the request. For purposes of this
section, proper documentation includes: “Reimbursement Request Form” supplied by HCD,
copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of
specific activities undertaken. Invoices shall not be honored if received by HCD later than sixty
(60) calendar days after expiration date of Agreement. The reimbursement request form is in
Appendix B.
G. Sand Hills Urban Development, Inc. shall maintain an adequate financial system and internal
fiscal controls.
H. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the
reallocation of unexpended funds to eligible projects proposed by Sand Hills Urban
Development, Inc..
Initial: ________
Augusta Housing and Community Development Department Page 9
ARTICLE VI. REPAYMENT/PROGRAM INCOME
A. Augusta will be responsible for monitoring the reuse of the proceeds.
B. Any real property under Sand Hills control that was acquired or improved in whole or in
part with HOME funds in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five
years after the expiration of this Agreement; or
b. Be disposed of in a manner that results in Augusta being reimbursed in the
amount of the current fair market value of the property, less any portion of the
value attributable to expenditures of non-HOME funds for acquisition of, or
improvement to, the property.
C. Any HOME funds invested in housing that does not meet the affordability requirements
for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand
Hills.
D. Any HOME funds invested in a project that is terminated before completion, either
voluntarily or otherwise, must be repaid by Sand Hills.
E. If Sand Hills is found to be in non-compliance with the HOME Program laws and
regulations as described in 24 CFR Part 92, the organization will be required to reimburse
Augusta for the funding associated with the noncompliance issues.
ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program
laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F
(Project Requirements), and Subpart H (Other Federal Requirements). These compliance
activities include, but are not limited to:
a. Maximum acquisition prices [24 CFR 92.205A.2]
b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)]
c. Combined affordability of assisted units
d. Income eligibility of assisted unites
e. Inspection of the homebuyer units to comply with HUD required Property Standards
f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353]
Augusta Housing and Community Development Department Page 10
g. Environmental Review
h. Lead-based Paint Abatement
i. Property Value [Section 203(b) Limits]
To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills
shall maintain records that document all clients served with HOME funds. In addition, Sand Hills
shall document each client’s race, family size, annul household income, and whether or not the
family is female-headed. Augusta shall supply “Income Verification” forms which, when
completed by those clients served by Sand Hills, shall provide the information and verification
described above.
Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s
request. Augusta shall supply Sand Hills with the following report forms and require the same to
be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly
Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix
B below.
Sand Hills shall maintain books and records in accordance with generally accepted accounting
principles. Documents shall be maintained in accordance with practices that sufficiently and
properly reflect all expenditure of funds provided by Augusta under this Agreement.
Sand Hills shall make all records for this project available to Augusta, the U.S. Department of
Housing and Urban Development, the Comptroller General of the United States, or any of their
duly authorized representatives for the purpose of making audits, examinations, excerpts and
transcriptions.
In compliance with OMB Circular A-110 regarding retention and custodial requirements for
records, Sand Hills shall maintain financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of three years, with the following
qualifications:
a. If any litigation, claim or audit is started before the expiration of the 3-year
period, the records shall be retained until all litigation, claims, or audit findings
Augusta Housing and Community Development Department Page 11
involving the records have been resolved.
b. Records for non-spendable personal property acquired with HOME grant
funds shall be retained for three years after its final disposition. Non-
expendable personal property means tangible personal property having a
useful life of more than one year and an acquisition cost of $300 or more per
unit.
In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and
organization – wide audited financial statement consisting of a balance sheet, income statement
and a statement of changes in its financial position. All documents shall be prepared by certified
public accountant. Such financial disclosure information shall be filed with Augusta within one
hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is
responsible for any cost associated with the audit. Failure to comply may result in the
reallocation of funding and termination of the contract. Sand Hills shall supply, up on request,
documentation maintained in accordance with practices which sufficiently and properly reflect
all expenditures of funds provided by Augusta under this Agreement.
Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be
provided under the agreement may be a public record subject to Georgia’s Open Records Act
(O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request
be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings
Law and the following compliance measures will be taken:
a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called
meetings except emergency meetings;
b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it
will keep a written agenda, minutes, attendance, and voting record for each meeting
and make the same available for inspections by the press, the public and the Grantee,
subject to the provision of the Open Meetings Law.
c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board
meetings, except for such portions of the meeting as may be closed pursuant to the
Open Meetings Law.
Augusta Housing and Community Development Department Page 12
d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of
Director’s meetings. Publications and minutes of each meeting shall be submitted to
Grantee within 30 days after each meeting.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
Sand Hills Urban Development, Inc. agrees to comply with the conflict-of-interest
provisions contained in 24 CFR 92.356 (f) as appropriate.
This conflict-of-interest provision applies to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of Sand Hills Urban
Development, Inc.. No person described above who exercises, may exercise or has
exercised any functions or responsibilities with respect to the HOME activities supported
under this contract; or who are in a position to participate in a decision-making process
or gain inside information with regard to such activities, may obtain any financial interest
or benefit from the activities, or have a financial interest in any contract, sub-contract, or
agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter.
For the purpose of this provision, "family ties", as defined in the above cited volume and
provisions of the Code of Federal Regulations, include those related as Spouse, Father,
Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother,
Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual
holding any interest in the subject matter of this Contract. The Sand Hills Urban
Development, Inc. in the persons of Directors, Officers, Employees, Staff, Volunteers
and Associates such as Contractors, Sub-contractors and Consultants shall sign and
submit a Conflict-of-Interest Affidavit. (Affidavit form attached as part in parcel to this
Contract.
B. Augusta may, from time to time, request changes to the scope of this contract and
obligations to be performed hereunder by The Sand Hills Urban Development, Inc.. In
such instances, Sand Hills Urban Development, Inc. shall consult with HCD/Augusta on
any changes that will result in substantive changes to this Contract. All such changes
shall be made via written amendments to this Contract and shall be approved by the
governing bodies of both Augusta and Sand Hills Urban Development, Inc..
C. Statutes, regulations, guidelines, and forms referenced throughout this Contract are listed
in Appendix A and are attached and included as part in parcel to this Contract.
Augusta Housing and Community Development Department Page 13
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
Sand Hills Urban Development, Inc. agrees that it will conduct and administer HOME
activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964",
and with Pub. L. 90-284 "Fair Housing Act", and that it will affirmatively further fair
housing. One suggested activity is to use the fair housing symbol and language in Sand
Hills Urban Development, Inc. publications and/or advertisements. (24 CFR 570.601).
Non-Discrimination and Accessibility
Sand Hills Urban Development, Inc. agrees to comply with 24 CFR Part I, which
provides that no person shall be excluded from participation in this project on the grounds
of race, color, national origin, or sex; or be subject to discrimination under any program
or activity funded in whole or in part with federal funds made available pursuant to the
Act. Reasonable accommodations will be offered to all disabled persons who request
accommodations due to disability at any time during the application, resident selection
and rent up process.
Enforcement Provisions
1. HCD will conduct yearly on-site inspections of assisted units to verify they are
maintained in standard condition and meet applicable housing quality standards to
include ongoing maintenance requirements.
2. Breach of Agreement or default: Breach occurs when a party to a contract fails to
fulfill his or her obligation as described in the contract or communicates an intent to
fail the obligation or otherwise appears not to be able to perform his or her obligation
under the contract. Any obligations by either party not being upheld by said
agreement will constitute as noncompliance and result in termination of agreement.
HCD will notify Sand Hills Urban Development, Inc. if the agreement is in default or
has been breached in any manner.
3. Repayment of HOME Funds: If property does not comply with 24 CFR 92.252
funding will be paid back with nonfederal funds.
D. Labor Standards
1. General: Sand Hills Urban Development, Inc. agrees that in instances in which
there is construction work over $2,000 financed in whole or in part with HOME
funds under this Contract, Sand Hills Urban Development, Inc. will adhere to the
Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and
mechanics working on the project to be paid not less than prevailing wage-rates as
Augusta Housing and Community Development Department Page 14
determined by the Secretary of Labor. By reason of the foregoing requirement,
the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also
applies. These requirements apply to the rehabilitation of residential property
only if such property contains eight or more units. (24 CFR 92.354)
2. Labor Matters: No person employed in the work covered by this contract
shall be discharged or in any way discriminated against because he or she has
filed any complaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the labor
standards applicable hereunder to his or her employer. (24 CFR 92.354)
E. Environmental Standards
Sand Hills Urban Development, Inc. 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 following the Act and
regulations. Prior to beginning any project development activity, an environmental
review must be conducted by the Augusta-Richmond County Planning Department
pursuant to (24 CFR 92.352).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), Sand
Hills Urban Development, Inc. agrees that HOME funds shall not be expended for
acquisition or construction in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards (representing the 100-year floodplain).
Exceptions will be made if the community is participating in the National Flood
Insurance Program or less than a year has passed since FEMA notification and flood
insurance has been obtained in accordance with section 102(a) of the Flood Disaster
Protection Act of 1973.
G. Displacement and Relocation
Sand Hills Urban Development, Inc. agrees to take all reasonable steps to minimize
displacement of persons as a result of HOME assisted activities. Any such activities
assisted with HOME funds will be conducted in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing
and Community Development Act of 1974 (24 CFR 92.353).
H. Non-Discrimination in Employment
Sand Hills Urban Development, Inc. agrees to comply with Executive Order 11246 and
12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no
person shall be discriminated against on the basis of race, color, religion, sex or national
origin. Sand Hills Urban Development, Inc. will in all solicitations or advertisements for
Augusta Housing and Community Development Department Page 15
employees placed by or on behalf of Sand Hills Urban Development, Inc.; state that all
qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or familial status.
I. Employment and Business Opportunities
Sand Hills Urban Development, Inc. agrees that low- and moderate-income persons
residing within Augusta-Richmond County; and that contracts for work in connection
with the project be awarded to eligible business concerns which are located in or owned
in substantial part by persons residing in Augusta-Richmond County - (24 CFR 570.697).
J. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of the
CDBG Regulations, Sand Hills Urban Development, Inc. agrees to comply with the Lead
Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-
based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35
with regard to notification of the hazards of lead-based paint poisoning and the
elimination of lead-based paint hazards.
K. Debarred, Suspended or Ineligible Contractor
Sand Hills Urban Development, Inc. agrees to comply with 24 CFR 570.609 with regards
to the direct or indirect use of any contractor during any period of debarment, suspension,
or placement in ineligibility status. No contract will be executed until such time that the
debarred, suspended or ineligible contractor has been approved and reinstated by HCD.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, Sand Hills Urban Development, Inc.
agrees to administer a policy to provide a drug-free workplace that is free from illegal
use, possession or distribution of drugs or alcohol by its beneficiaries as required by the
Drug Free Workplace Act of 1988.
M. Publicity
Any publicity generated by Sand Hills Urban Development, Inc. for the project funded
pursuant to this Contract, during the term of this Contract or for one year thereafter, will
make reference to the contribution of Augusta-Richmond County in making the project
possible. The words "Augusta-Richmond County Department of Housing and
Community Development" will be explicitly stated in any and all pieces of publicity;
including but not limited to flyers, press releases, posters, brochures, public service
announcements, interviews, and newspaper articles.
Augusta Housing and Community Development Department Page 16
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if Sand Hills Urban Development, Inc. fails to expend
its grant funds in a timely manner, such failure shall constitute a material failure to
comply with this Contract and invoke the suspension and termination provisions of
ARTICLE X. For purposes of this Contract, timely expenditure of funds means Sand
Hills Urban Development, Inc. shall obligate and expend its funds as designated under
ARTICLE II. (B).
O. Compliance with Laws and Permits
Sand Hills Urban Development, Inc. 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.
Sand Hills Urban Development, Inc. agrees to obtain all necessary permits for intended
improvements or activities.
P. Assignment of Contract
Sand Hills Urban Development, Inc. shall not assign any interest in this contract or
transfer any interest in the same without the prior written approval of Augusta.
Q. Equal Employment Opportunity
Sand Hills Urban Development, Inc. agrees to comply with the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against
otherwise qualified individuals with handicaps under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For
purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part
8 shall include sleeping accommodations.
R. Affirmative Action
Sand Hills Urban Development, Inc. will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, or familial
status. Sand Hills Urban Development, Inc. will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, national origin, or Sand Hills Urban
Development, Inc. social status. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-
off or termination, rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Sand Hills Urban Development, Inc. 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. Sand
Augusta Housing and Community Development Department Page 17
Hills Urban Development, Inc. agrees to make efforts to encourage the use of minority
and women-owned business enterprises in connection with HOME supported activities.
S. Affirmative Marketing Plan
Sand Hills Urban Development, Inc. and managing agent shall adopt the affirmative
marketing procedures and requirements as specified in the HOME Final Rule 92.351.
T. Religious Influence
Sand Hills Urban Development, Inc. 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. Sand Hills Urban Development, Inc. will not discriminate against
any person applying for shelter on the basis of religion. Sand Hills Urban Development,
Inc. will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing and exert no religious influence in the
provision of shelter and other eligible activities funded by this grant.
U. Indirect Costs
Indirect costs will only be paid if Sand Hills Urban Development, Inc. has indirect cost
allocation plan approved by the Department of Housing and Urban Development prior to
the execution of this Contract.
V. Travel
If applicable, Sand Hills Urban Development, Inc. shall obtain prior written approval
from the Grantee for any travel outside the State of Georgia with funds provided under
this contract. All Federal Travel Regulations are applicable (41 CFR Part 301).
W Construction Requirements - SEE APPENDIX C
All housing units [rehabilitated, reconstructed or newly constructed] and assisted with
HOME Program funds must, before occupancy, meet the Property Standards specified at
25 CFR 92.251 [the HOME Program Regulations]. The Property Standards at 24 CFR
92.251 require that the units receiving HOME Program funds must meet all local codes
for new construction. In the absence of local codes, properties must meet the HUD
Section 8 Housing Quality Standards [HQS]. All units assisted under this Contract is
“new construction” by HOME Program definition and therefore must meet the local
building codes for new housing in Augusta-Richmond County, as applicable. All units
must meet applicable property standards upon project completion.
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event Sand Hills Urban Development, Inc. materially fails to comply with any
terms of this agreement, including the timely completion of activities as described in the
Augusta Housing and Community Development Department Page 18
timetable and/or contained in ARTICLE I, Scope of Services, Augusta may withhold
cash payments until Sand Hills Urban Development, Inc. cures any breach of the
contract. If Sand Hills Urban Development, Inc. fails to cure the breach, Augusta may
suspend or terminate the current award of HOME funds for Wheeler Road project.
B. Notwithstanding the above, Sand Hills Urban Development, Inc. shall not be relieved of
its liability to Augusta for damages sustained as a result of any breach of this contract. In
addition, to any other remedies it may have at law or equity, Augusta may withhold any
payments to Sand Hills Urban Development, Inc. for the purposes of set off until such
time as the exact amount of damages is determined.
C. In the best interest of the program and to better serve the people in the target areas and
fulfill the purposes of the Act, the City of Augusta can terminate this contract if Sand
Hills Urban Development, Inc. breach this contract or violate any regulatory rules. The
City of Augusta can terminate the contrite in 30 days and call the note due.
D. Notwithstanding any termination or suspension of this Contract, Sand Hills Urban
Development, Inc. shall not be relieved of any duties or obligations imposed on it under
ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOME
funds previously disbursed or income derived therefrom.
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by certified United States mail, return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice shall remain such until it
shall have been changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
535 Telfair Street
Augusta, GA 30911
With copies to:
Augusta Housing and Community Development Department
510 Fenwick Street
Augusta, GA 30901
Sand Hills Urban Development, Inc. will receive all notices at the address indicated below:
Sand Hills U Sand Hills Urban Development, Inc.
3062 Damascus Road, Suite 10
Augusta, Georgia 30909
Augusta Housing and Community Development Department Page 19
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by U.S. mail.
ARTICLE XII. INDEMNIFICATION
Sand Hills Urban Development, Inc. will at all times hereafter indemnify and hold harmless
Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or
expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting
from any or all suits or damages of any kind resulting from injuries or damages sustained by any
person or persons, corporation or property, by virtue of the performance of this Contract. By
execution of this agreement, Sand Hills Urban Development, Inc. specifically consents to
jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right
to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Contract, or should the terms of this Contract in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors, and assigns, all jointly and severally under the terms of this Contract.
ARTICLE XIII. INSURANCE AND BONDING
Sand Hills Urban Development, Inc. shall acquire adequate insurance coverage to protect all
contract assets from loss or damage resulting from theft, fraud or physical damage. All policies
and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills
Urban Development, Inc. shall procure and provide for approval by Augusta a blanket fidelity
bond in the amount of at least $100,000.00 covering all personnel of Sand Hills Urban
Development, Inc. handling or charged with the responsibility for handling funds and property
pursuant to this contract. SHUD shall procure and provide, for approval by Augusta,
comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the
Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and
Augusta’s officers, agents, members, employees, and successors.
Additionally, Sand Hills Urban Development, Inc. shall procure officers and directors liability
insurance under policies to be approved by Augusta. All of the above policies shall provide that
no act or omission of the grantee, its agents, servants, or employees shall invalidate any
insurance coverage required to be provided by Sand Hills Urban Development, Inc. hereunder
shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All
insurance policies required hereunder or copies thereof shall be promptly submitted for approval
by Augusta.
ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS
Augusta Housing and Community Development Department Page 20
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of
this agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills
Urban Development, Inc. beyond the term of this Contract.
ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to
be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read
and enforced as though it were included herein and if, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, then upon application of either party this
Contract shall forthwith be amended to make such insertion.
ARTICLE XVI. ANTI-LOBBYING
To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
Augusta Housing and Community Development Department Page 21
ARTICLE XVII. COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original
and together shall constitute one and the same Agreement with one counterpart being delivered
to each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
Approved as to form: _________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis
As its Mayor
By: ___________________________________ Date: _________________
Takiyah A. Douse
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
ATTEST: Sand Hills Urban Development, Inc.___
(Grantee)
BY:_________________________ _______
Its: __________________________ Date
________________ _______
Plain Witness Date
Augusta Housing and Community Development Department Page 22
APPENDIX A
Statutes:
24 CFR Part 92, HOME Investment Partnerships Program (“HOME”)
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit
Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based
Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential
Property being sold, Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
AIA Construction Document
Contract and Subcontract Activity Report
Monthly Report
Quarterly Report
Annual Report
Augusta Housing and Community Development Department Page 23
APPENDIX B
REPORTING REQUIREMENTS
Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the
term of this agreement and maintain applicable documentation for the full term of the
affordability period. Augusta reserves the right to change reporting requirements, as needed as
well as the right to review records and reports for the public, HUD, IG or any other interested
party as deemed appropriate.
1. Monthly/Quarterly Progress & Financial Reports
Due the 15th of the month for each new quarter.
2. Annual Progress Report (January 16th)
3. Audit/Financial Report by April 30th
4. Contract & Subcontract Activity Report Due with each Request for Payment
5. Grantee shall maintain files on each person assisted. Each file shall contain, but
is not restricted to, income data and verification for each person assisted; Rental
housing application, worker order requests, inspection reports, payment history,
pest control log, violation report; and any other document that will provide proof
of needed service(s) and subsequent provision of such service(s) as allowed under
this contract.
6. Sand Hills Urban Development, Inc. shall establish and maintain an Affirmative
Marketing file to hold advertisements, flyers, and other public information. Must
also keep records of its activities in implementing the affirmative marketing plan,
including other community outreach efforts and its annual analysis.
7. Sand Hills Urban Development, Inc. shall keep up-to-date records based on
census data, applications, and surveys about community residents, applicants,
residents of the project, and records about tenant selection or rejection.
Augusta Housing and Community Development Department Page 24
APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code", 2000 Edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice,
American with Disabilities Act of 1990”.
G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code
of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29,
Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16,
1972.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f').
2. Eligible Contractors: Any contractor desiring to bid on HOME projects may apply for
inclusion on the HCD Approved Contractor List. Applications will be processed and either
approved or disapproved within 10 working days. Under no circumstances will barred,
disapproved, or otherwise ineligible contractors be allowed to bid on federally funded
projects.
3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch
lists or other means of outlining work on a particular project will be submitted in writing to
HCD for review and approval prior to bidding. HCD Construction and Rehabilitation
Inspectors will review these items for compliance with new construction and/or
rehabilitation standards and materials use.
Augusta Housing and Community Development Department Page 25
4. Change Orders: Change orders are a part of doing business in but will be managed by
written request to HCD for approval. No one can give a verbal change order on site.
Documentation must be submitted and approved by Program Manager and Director of HCD.
5. Retainage for 10% of each draw will be withheld until all the work is complete.
6. Property Standards: 92.251(a)(1) requires new construction projects to meet State and local
codes, ordinances, and zoning requirements. In the absence of an applicable State or local
code for new construction, HOME-assisted projects must meet the International Code
Council’s (ICC’s) International Residential Code or International Building Code, whichever
is applicable to the type of housing being developed.
§92.251(a)(2) incorporates or specifies additional standards:
• Accessibility requirements as applicable, in accordance with Section 504 of the
Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act.
These requirements are not new.
• Disaster mitigation standards, in accordance with State and local requirements or as
established by HUD, where they are needed to mitigate the risk of potential disasters
(such as earthquakes, hurricanes, flooding, and wildfires). This is a new requirement.
§92.251(a)(iv) and (v) adds requirements to improve project oversight for new construction.
HCD must:
• Review and approve written cost estimates, construction contracts, and construction
documents.
• Conduct construction progress and final inspections to ensure that work is done in
accordance with the applicable codes, the construction contract, and construction
documents.
7. Inspections. The project will be inspected and approved by an HCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
8. HOME-assisted rental housing must meet the required property standards at the time of the
project completion and must be maintained in accordance with applicable housing quality
standards throughout the affordability period.
Augusta Housing and Community Development Department Page 26
EXHIBIT “A”
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Community Development Department agrees to
provide up to $119,250.00 in Year 2021 HOME Investment Partnerships Funds to Sand
Hills Urban Development, Inc.. These funds will support new construction with the
production of approximately one single-family affordable unit.
2. HCD must review and approve all residential design plans, project specifications and
total development cost for each residential development project before work is
commenced and before funds can be released for payment reimbursement. Construction
payments will be released to Sand Hills Urban Development, Inc. in accordance with the
attached drawdown schedule and budget.
3. With HCD approval, Sand Hills Urban Development, Inc. may use HOME funds under
this contract for all the following purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion Delays, Remedies, and Penalties
A. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, HCD may
1. Terminate the contractor in accordance with the “Provisions for Augusta Housing
and Community Development Department (HCD)” clause of this contract.
2. Assess liquidated damages of fifty dollars ($50.00) per working day from the
schedule of completion to the date of final acceptance of the project. The total
amount of liquidated damages will be deducted from the total contract price, plus
any change order amounts.
B. The Contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
1. To any acts of the Federal, State, or City/County Government; including controls
or restrictions upon or requisitioning of materials, equipment, tools or labor by
reason or war, National Defense, or other National, State or City/County
emergency.
2. To any acts of the Owner that hinder the progress of the work.
3. To causes not reasonable foreseeable by the parties to this contract at the time of
the execution of the contract which are beyond the control and without the fault or
Augusta Housing and Community Development Department Page 27
negligence of the Contractor; including but not restricted to acts of God; as of the
public enemy; acts of another contractor in the performance of some other
contract with the owner; fires; epidemics; quarantine restrictions; strikes; freight
embargoes; and weather of unusual severity such as hurricanes, tornadoes,
cyclones, and other extreme weather conditions; and
4. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor promptly
(within 10 days) notifies HCD in writing of the cause of the delay. If the fact
shows the delay to be properly excusable under the terms of this contract, HCD
shall extend the contract time by a period commensurate with the period of
authorized delay to the completion of the work as whole; in the form of an
amendment to this contract.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be identified on a
project-by-project basis in EXHIBIT B. In no case will this amount exceed the
maximum per unit amount as defined at 24 CFR 92.250.
b. Sand Hills Urban Development, Inc. will provide construction management for the
project to ensure that construction work is being carried out in accordance with plans,
specifications, and the project budget.
c. Sand Hills Urban Development, Inc. must make sure contractor obtains and posts all
permits on job site. Prior to releasing final payment on each unit, Sand Hills Urban
Development, Inc. must also secure a Certificate of Occupancy from the contractor
that has been issued by the Department of Licenses and Inspection.
d. Sand Hills Urban Development, Inc. must collect from the contractor a copy of the
construction supply invoice and submit to HCD at time of Notice to Proceed.
e. Sand Hills Urban Development, Inc. must collect progress and final lien releases from
the contractor, subcontractors, and material suppliers prior to making a payment to a
contractor.
f. HCD may continually inspect each unit for contract compliance and to determine the
percent of completion prior to processing a draw request and releasing payment. HCD
may elect to make up to five (5) payments per unit. HCD may choose not to release
payments if the work being performed is not of acceptable quality to HCD and if the
unit is not being built or rehabilitated in accordance with plans and specifications, or if
project is not on schedule.
Augusta Housing and Community Development Department Page 28
EXHIBIT “B”
PROJECT SCHEDULE OF COMPLETION
SAND HILLS URBAN DEVELOPMENT, INC. MUST PROVIDE A COMPLETED
SCHEDULE OF COMPLETION AS EXHIBIT C - WITH APPROPRIATE PROJECT
MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS CONTRACT. THIS
SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO
MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE
OF THIS CONTRACT. A SAMPLE SCHEDULE IS PROVIDED BELOW.
Commission Meeting Agenda
11/15/2022 2:00 PM
HCD_Transfer 2021 HOPWA Funding from Community Development Improvement Corporation to CSRA
Economic Opportunity Authority to serve Aiken/Edgefield Counties, South Carolina
Department:HCD
Department:HCD
Caption:Motion to approve Housing and Community Development Department’s
(HCD's) request to transfer 2021 HOPWA funding from Community
Development Improvement Corporation to CSRA Economic Opportunity
Authority to provide service to residents in Aiken/Edgefield Counties,
South Carolina. (Approved by Administrative Services Committee
November 8, 2022)
Background:Community Development Improvement Corporation(CDIC) provided to
Housing and Community Development (HDC) a Letter of Release on
August 31, 2022. Within this request CDIC gave a 30-day separation
notice. Once this notice was received, HCD immediately moved forward
to locate an agency to provide HOPWA Services in the Aiken/Edgefield
Counties area. After some discussion, CSRA Economic Opportunity
Authority (CSRA EOA) agreed to accept the opportunity to provide
HOPWA services to the residents in the area. Discussions and budgets
have been discussed and agreed upon with CSRA EOA and HCD. HCD is
requesting that the remaining funding from CDIC be transferred to CSRA
EOA. Funding is currently available and would transfer to CSRA.
Analysis:Approval of the contract will allow CSRA Economic Opportunity
Authority to provide HOPWA Services to residents in Aiken/Edgefield
Counties, South Carolina.
Financial Impact:HCD will utilize Housing Opportunities for Persons with Aids (HOPWA)
funding received through its annual allocation from Housing and Urban
Development in the amount of $ 139,097.27 to provide HOPWA services
to Aiken/Edgefield Counties, South Carolina.
Alternatives:Do not approve HCD’s Request.
Recommendation:Motion to approve Housing and Community Development Department’s
(HCD's) request to transfer 2021 HOPWA funding from Community
Development Improvement Corporation to CSRA Economic Opportunity
Authority to provide service to residents in Aiken/Edgefield Counties,
South Carolina.
Cover Memo
Funds are Available in
the Following
Accounts:
Housing and Urban Development (HUD) Funds: Housing Opportunity for
Persons With Aids (HOPWA) funds. HOPWA Funds: 22107 3213
REVIEWED AND APPROVED BY:
Cover Memo
2021 HOPWA Agreement (CSRA EOA) Page 1
AGREEMENT
BETWEEN
CITY OF AUGUSTA, GEORGIA
AND
CSRA ECONOMIC OPPORTUNITY AUTHORITY
$ 139,097.27
One Hundred Thirty-Nine Thousand Ninety-Seven Dollars and 27/100
Funded by
The United States Department of Housing and Urban Development
FISCAL YEAR 2021 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAM
This Agreement is made and entered into this ___day of ____ by and between the City of
Augusta, Georgia, a political subdivision of the State of Georgia, its successors and assigns
(hereinafter the "City"), by and through the Augusta, Georgia Commission, as the Implementer of
the Housing Opportunities for Persons with Aids Program (hereinafter referred to as “Grantee”),
and CSRA ECONOMIC OPPORTUNITY AUTHORITY, (hereinafter referred to as the “Sub-
recipient”).,
AND
SUB RECIPIENT, its successors and assigns (hereinafter “Sub Recipient”). Witnesseth, that, for
and in consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, The Grantee and Sub Recipient hereby agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to manifest the objectives and the intentions of the respective parties herein, the following
statements, representations and explanations are set forth. Such statements, representations and
explanations shall be accepted as predicates for the undertakings and commitments included within
the provisions, which follow, and may be relied upon by the parties as essential elements of the
mutual considerations upon which this Agreement is based.
2021 HOPWA Agreement (CSRA EOA) Page 2
Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter
the “Act”) and implementing regulations set forth in Title 24 Code of Federal Regulations (CFR)
Part 574, relating to Housing Opportunities for Persons with Aids (HOPWA) for the purpose of
allowing local discretion for the determination of needs and priorities of services to serve persons
experiencing HIV/Aids.
Augusta, Georgia, as an Entitlement Grantee for the HOPWA Program, is responsible for
the administration, implementation, planning and evaluation within its respective jurisdiction of
the HOPWA Program and for the HUD Consolidated Plan. The Housing Opportunities for Persons
With AIDS (HOPWA) Program is the only Federal program dedicated to the housing needs of
people living with HIV/AIDS. Under the HOPWA Program, HUD makes grants to local
communities, States, and nonprofit organizations for projects that benefit low-income persons
living with HIV/AIDS and their families. Services which are funded by the HOPWA Program
must benefit low-income persons (at or below 80 percent of area median income) that are
medically diagnosed with HIV/AIDS and their families are eligible to receive HOPWA-funded
assistance.
Through citizen participation workshops and the adoption of the City of Augusta
Community Development Annual Plan, the citizens of the City, the Mayor and the City of Augusta,
Georgia’s Board of Commissioners determined the needs and priorities of services in the City as
set forth above. The Grantee desires to engage the Sub-recipient to render certain services,
programs, or assistance in connection with the aforementioned undertakings of the Housing
Opportunities for Persons with Aids Program.
ARTICLE II
DEFINITIONS AND IDENTIFICATIONS
Unless the context otherwise requires, the capitalized terms used herein, and not otherwise
defined, shall have the meaning assigned to them in this Article I
Housing Opportunities for Persons with Aids (HOPWA) Program
The term “Housing Opportunities for Persons with Aids” or “Program” shall mean that
program administered by Augusta Housing and Community Development and funded by
an Housing Opportunity for Persons with Aids Grant applied for by Augusta, and awarded
by HUD as authorized pursuant to the AIDS Housing Opportunity Act (42 USC 12901 et
seq.), as amended by the Housing and Community Development Act of 1992 (42 USC
5301 et seq.). HOPWA regulations (24 CFR 574)
Acquired immunodeficiency syndrome (AIDS) or related diseases
The term ‘HIV/Aids” means the disease of acquired immunodeficiency syndrome or any
conditions arising from the etiologic agent for acquired immunodeficiency syndrome,
including infection with the human immunodeficiency virus (HIV).
2021 HOPWA Agreement (CSRA EOA) Page 3
Department
The term “Department” shall mean the Augusta Housing and Community Development.
Grantee
The term “Grantee” shall mean Augusta, Georgia as Grantee of the Housing Opportunities
for Persons with Aids Grant awarded by HUD.
HUD
The term “HUD” shall mean the U.S. Department of Housing and Urban Development.
Project
The term “Project” shall mean the project or projects set forth in Exhibit A hereto entitled
“Scope of Services and Timetable.”
Low- and Moderate-Income Person
The term “Low- and Moderate-Income Person” shall mean a member of a family having
an income equal to or less 80% of the median income for the area (Area Median Income
or AMI), as defined by HUD
ARTICLE III
NOTICES
The Sub Recipient and the Grantee agree that all notices required by this Agreement shall
be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or
sent by facsimile or other electronic means. Any notice delivered or sent as previously mentioned
shall be effective on the date of delivery or sending. All notices and other written communications
under this Agreement shall be addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
If to City of Augusta: City of Augusta, Georgia
Attention: Hardie Davis, Jr.
Mayor
535 Telfair Street
Augusta, GA 30901
With copy to: City of Augusta, Georgia
Attention: Hawthorne E. Welcher, Jr., Director
Housing and Community Development
510 Fenwick Street
Augusta, GA 30901
2021 HOPWA Agreement (CSRA EOA) Page 4
If to Sub Recipient: CSRA Economic Opportunity Authority
Mary Harrison, Interim Executive Director
1261 Greene St, Augusta, GA 30901
Contact person: Sharon Scott
Email: sscott@csraeoa.org
ARTICLE IV
GENERAL CONDITIONS
A. General Compliance
Sub Recipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the Sub Recipient does not assume the Grantee’s environmental responsibilities
and (2) the Sub Recipient does not assume the Grantee’s responsibility for initiating the review
process. The Sub Recipient agrees to comply with all other applicable Federal, state and local
laws, regulations, and policies governing the funds provided under this contract. The Sub
Recipient further agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available.
B. Independent Sub Recipient
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The Sub
Recipient shall at all times remain an "independent Sub Recipient" with respect to the services
to be performed under this Agreement. The Grantee shall be exempt from payment of any and
all possible unemployment benefits because Sub Recipient is an independent Sub Recipient.
C. Hold Harmless
To the fullest extent permitted by laws, statutes, rules and regulations, the Sub Recipient shall
indemnify and hold harmless the Grantee, Officers, Directors, and Employees of each and any
of them from and against claims, costs, damages, losses, and expenses, including but not limited
to all fees and charges of engineers, architects, attorneys and other professionals and all court
costs, arising out of or resulting from performance of the work, but only to the extent caused in
whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the
Sub Recipient, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether or not
such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge or reduce other rights or obligations
of indemnity which would otherwise exist as to a party or person described in this Paragraph.
2021 HOPWA Agreement (CSRA EOA) Page 5
D. Insurance & Bonding
The Sub Recipient shall carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
Workers' Compensation Employer’s Liability with limits of:
$100,000 Each Accident
$500,000 Disease, Policy Limit
$100,000 Disease, Each Employee
The Sub Recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31
and 84.48, Bonding and Insurance.
E. The Grantee’s Recognition
The Sub Recipient shall ensure recognition of the role of the Grantee in providing services
through this Agreement. All activities, facilities and items utilized pursuant to this Agreement
shall be prominently labeled as to funding source. In addition, the Sub Recipient will include a
reference to the support provided herein in all publications made possible with funds made
available under this Agreement.
F. Amendments
The Grantee or Sub Recipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each organization, and approved by the Grantee’s governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee
or Sub Recipient from its obligations under this Agreement.
The Grantee may, at its discretion, amend this Agreement to conform with Federal, state or
local governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated
only by written amendment signed by both the Grantee and the Sub Recipient.
G. Performance
The Sub-recipient will be responsible for administering the Housing Opportunity for Persons
with Aids (HOPWA) Program in a manner satisfactorily to the Grantee, according to and
consistent with any standards required as a condition of providing these funds. Such program will
include the following activities eligible under the Housing Opportunities for Persons with Aids
Program:
2021 HOPWA Agreement (CSRA EOA) Page 6
I. SCOPE OF SERVICES
Activities
Program Delivery
AGENCY LOCATION:
1261 Greene St, Augusta, GA 30901
AGENCY HOURS OF SERVICE:
Monday – Friday; 8:30 am- 5:00 pm
General Administration
The Board of Directors manages the Sub-recipient; The Chief Executive Officer manages
the agency, finance, and programs; Volunteers support the agency and clients.
Eligibility
Categories
DESCRIPTION
STRMU Clients will be provided with case management services and
provided with short-term rent, mortgage, and utility payment
assistance to prevent homelessness.
PHP Assist clients with permanent housing placing by providing
assistance with rent, utilities, and/or application fees.
TBRA Clients will be provided with case management services,
individualized housing counseling, and will receive rental
assistance to help with monthly rental costs to prevent
homelessness.
S. SERVICE Clients will receive case management services and an intake
assessment to determine the client’s needs and/or barriers.
Supportive services will be provided to assist the client
housing stability. (examples: health services-limited,
daycare, drug and alcohol abuse treatment/counseling,
nutritional services, etc.)
C. MANAGEMENT Individualized Housing Counseling to include implementation
of a housing plan, household budget, and an intake
assessment to better understand the client’s needs and
barriers.
2021 HOPWA Agreement (CSRA EOA) Page 7
Homeless Clientele
Sub-recipient will meet the requirements provided for in the regulations by requiring
information on services to persons meeting the definition(s) of homeless as stated in the
HOPWA Regulations. This information will be used to ensure that clients are eligible
recipients of services provided.
LEVELS OF ACCOMPLISHMENT – Goals and Performance Measures
The Sub-recipient agrees to provide the following levels of program services:
STAFFING
Case Manager-$16.00 per hour for 30 hours per week $480.00 per week.
Performance Monitoring
The Sub-recipient agrees that the Department may carry out periodic monitoring activities,
as determined necessary by the Department. At a minimum, monitoring shall occur
annually, but it may occur more frequently if the Department deems it necessary. The
Department will provide the Sub-recipient advance written notice prior to any monitoring
activities. Such monitoring shall consist of (i) evaluating the Sub-recipient’s compliance
with the terms and conditions of this Agreement, and (ii) comparing the Sub-recipient’s
projected Project schedule, budget, and output with its actual performance. For Sub-
recipients providing services to homeless persons or persons at risk of homelessness,
participation in the local HMIS will be monitored in accordance with the policies
established by the local Continuum of Care. Upon request, the Sub-recipient shall
furnish the Department, the Grantee, or its designee copies of such records and information,
as the Department or the Grantee deems necessary. In addition, the Sub-recipient shall
Eligibility Categories Clients per Month Total Clients/Year
Permanent Housing
Placement
1 10
Tenant Based Rental
Assistance
2 10
Short Term Rental
Mortgage and Utilities
2 24
Supportive Services/
Case Management
All clients served will
receive CM
All clients served will
receive CM
TOTAL 5 44
2021 HOPWA Agreement (CSRA EOA) Page 8
submit monthly progress reports, as required by this Agreement, and shall prepare other
such reports as may be required by the Department, the Grantee, and/or HUD.
The Grantee will monitor the performance of the Sub-recipient in accordance with the goals
and performance standards as stated above. Substandard performance as determined by
the Grantee will constitute noncompliance with this Agreement. If Sub-recipient does not
take corrective action to address such substandard performance within a reasonable period
of time after being notified by the Grantee, Agreement suspension or termination
procedures will be initiated.
TIME OF PERFORMANCE
Services of the Sub-recipient shall start on November 2022 and end December 31, 2023.
The term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which the Sub-recipient remains in control of HOPWA funds
or other HOPWA assets, including program income.
H. Method of Payment
The Grantee agrees to pay the Sub Recipient at the end of each Quarter based on the submission
and approval of the Sub Recipient's Quarterly Reimbursement Requests. Reimbursement
Requests will be processed within thirty (30) days of receipt of complete and accurate
submissions and upon verification of supporting documentation and Quarterly Reports.
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed One Hundred Thirty-Nine Thousand Ninety-Seven Dollars and
27/100 ($139,097.27). Drawdowns for the payment of eligible expenses shall be made against
the line-item budgets specified in Paragraph I. below, and in accordance with performance.
Expenses for general administration shall also be paid against the line-item budgets specified
in Paragraph I., and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
Sub-recipient is also responsible for submitting to the Grantee each of the following: (i)
Quarterly progress reports, (ii) time sheets (if applicable), (iii) mileage documentation (if
applicable), (iv) invoices and any other documentation deemed necessary by the monitoring
official during the funding cycle. These records shall be retained up to five (5) years after the
Agreement expires.
2021 HOPWA Agreement (CSRA EOA) Page 9
I. Budget
Tenant Based Rental Assistance (TBRA)
Budget Information Summary Activity Expenses Activity Income (PI from rents)
RENT 65,000.00
UTILITY
SUPPLIES
SALARY
OPERATION
TOTAL 65,000.00
Short-Term Rent, Mortgage, Utilities Assistance (STRMU)
Budget Information Summary Activity Expenses Activity Income (PI from rents)
STRMU ASSISTANCE 29,000.00
STAFF SALARIES/BENEFITS
TRANSPORTATION
OPERATION
TOTAL 29,000.00
Permanent Housing Placement
Budget Information Summary Activity Expenses Activity Income (PI from rents)
RENT &UTILITY DEPOSITS 6,000.00
SUPPLIES
SALARY
RENTAL APPLICATION
OPERATION
TOTAL 6,000.00
Supportive Services
Budget Information Summary Activity Expenses Activity Income (PI from rents)
CASE MANAGEMENT 39,097.27
TOTAL 39,097.27
Administration Cost 7%
Budget Information Summary Activity Expenses Activity Income (PI from rents)
Supplies
Office Equipment
Insurance
Other Expenses
TOTAL
Any amendments to the budget must be in writing and approved, in writing, by the Grantee’s
Director of Housing and Community Development Department and the Augusta, Georgia
2021 HOPWA Agreement (CSRA EOA) Page 10
Commission.
J. Suspension or Termination
The Grantee may terminate this Agreement at any time by giving written notice to the
Sub Recipient of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of termination. The Sub Recipient shall be
entitled to receive just and equitable compensation for any satisfactory services
performed prior to the date of termination.
The Sub Recipient may terminate this Agreement at any time by giving written notice to the
County of such termination and specifying the effective date thereof, at least thirty (30) days
before the effective date of termination. The Sub Recipient shall be entitled to receive just and
equitable compensation for any satisfactory services performed prior to the date of termination
ARTICLE IV
PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
a) The Sub Recipient agrees to comply with Title VI of the Civil Rights Act
of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Section 104(b) and Section 109 of Title I of the Housing and
Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination Act of 1975, Executive Order 11063, and
Executive Order 11246 as amended by Executive Orders 11375,
11478,12107 and 12086.
b) In compliance with Executive Order 11246 and Section 3 of the 1968
Housing and Urban Development Act regarding Equal Employment
Opportunity, the Sub Recipient agrees and understands that no person
shall be discriminated against on the grounds of race, color, national
origin, age, familial status, handicap or sex. Further assurance is also
given that the Sub Recipient will immediately take any measures
necessary to effectuate this policy. Notice of the policy will be placed in
plain sight at the Project location, for the benefit of interested parties, and
all Sub Recipients will be notified of the policy provisions.
2021 HOPWA Agreement (CSRA EOA) Page 11
2. Nondiscrimination
The Sub Recipient agrees to comply with the non-discrimination in employment
and contracting opportunities laws, regulations, and executive orders referenced in
24 CFR 570.607, as revised by Executive Order 13279. The applicable non-
discrimination provisions in Section 109 of the Housing and Community
Development Act of 1974 (HCDA) are still applicable.
3. Section 504
The Sub Recipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against the individuals with disabilities or handicaps
in any Federally assisted program. The Grantee shall provide the Sub Recipient
with any guidelines necessary for compliance with that portion of the regulations
in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Sub Recipient agrees that it shall be committed to carry out pursuant to the
Grantee’s specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24, 1966.
The Grantee shall provide Affirmative Action guidelines to the Sub Recipient to
assist in the formulation of such program. The Sub Recipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Sub Recipient will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable
opportunity to participate in the performance of this contract. As used in this
contract, the terms "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and
"minority and women's business enterprise" means a business at least fifty-one (51)
percent owned and controlled by minority group members or women. For the
purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-
Americans, and American Indians. The Sub Recipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
2021 HOPWA Agreement (CSRA EOA) Page 12
3. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Sub Recipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Grantee; state that it is an Equal Opportunity or Affirmative
Action employer.
4. Conflict of Interest
The Sub Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611,
which include (but are not limited to) the following:
a) The Sub Recipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
b) No employee, officer or agent of the Sub Recipient shall participate in the
selection, or in the award, or administration of, a contract supported by
Federal funds if a conflict of interest, real or apparent, would be involved.
c) No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBG-assisted activity, or with respect
to the proceeds from the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee,
the Sub-Recipient, or any designated public agency.
5. Lobbying
The Sub Recipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
2021 HOPWA Agreement (CSRA EOA) Page 13
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
c) It will require that the language of paragraph (6) of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all Sub-Recipients shall certify and
disclose accordingly.
6. Lobbying Certification
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S.C. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
7. Copyright
If this contract results in any copyrightable material or inventions, the Grantee
and/or grantor agency reserves the right to royalty-free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize others
to use, the work or materials for governmental purposes.
8. Religious Activities
The Sub Recipient agrees that funds provided under this Agreement will not be
utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as
worship, religious instruction, or proselytization.
2021 HOPWA Agreement (CSRA EOA) Page 14
ARTICLE V
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
ARTICLE VI
SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
ARTICLE VII
WAIVER
The Grantee’s failure to act with respect to a breach by the Sub Recipient does not waive
its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise
or enforce any right or provision shall not constitute a waiver of such right or provision.
ARTICLE VIII
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Sub Recipient
for the use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the Grantee and the
Sub Recipient with respect to this Agreement.
ARTICLE IX
CHOICE OF LAW AND VENUE
This agreement shall be governed by the laws of the State of Georgia, and the parties hereby
consent that venue for any dispute arising under this agreement shall be in any court of competent
jurisdiction in City of Augusta.
2021 HOPWA Agreement (CSRA EOA) Page 15
SIGNATURE PAGE
IN WITNESS WHEREOF, all parties with the express consent of their governing board
and/or Commission have made and executed this Agreement on the respective dates under each
signature.
ARTICLE XVII: COUNTERPARTS
This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each party
hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above.
ATTEST: AUGUSTA, GEORGIA
(Grantee)
Approved as to Form By (please initial here):
By:_________________________________
Augusta, GA Law Department
Date: ____________________
By:__________________________________
Mayor Hardie Davis, Jr., as its Mayor
Date: ____________________
By: __________________________________
Takiyah Douse, as its Interim Administrator
Date:_____________________
By: _____________________________
Hawthorne Welcher, Jr., as its Director
Date: _____________________
By: _____________________________
Lena Bonner, as its Clerk of Commission
Affix Seal Here:
ATTEST: CSRA Economic Opportunity Authority
(Sub-recipient)
By: ___________________________________ Date: __________________________
By: ___________________________________ Date: __________________________
By: ____________________________________ Date: __________________________
Witness
SEAL
2021 HOPWA Agreement (CSRA EOA) Page 16
EXHIBIT “A”
SUB-RECIPIENT ACKNOWLEDGEMENT
“Sub-recipient acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Sub-
recipient is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Sub-recipient's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other
similar document, including the possibility that the Sub-recipient may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Sub-recipient agrees
that if it provides goods or services to Augusta, Georgia under a contract that has not received
proper legislative authorization or if the Sub-recipient provides goods or services to Augusta,
Georgia in excess of the contractually authorized goods or services, as required by Augusta,
Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods
or services provided by Sub-recipient. Sub-recipient assumes all risk of non-payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives and all claims
to payment or to other remedies for the provision of any unauthorized goods or services to Augusta,
Georgia, however characterized, including, without limitation, all remedies at law or equity." This
acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and
services, except revenue producing contracts
EXHIBIT “B”
E-VERIFY
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-Verify number and
must be in compliance with the electronic verification of work authorized programs operated by
the United States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information of
newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA),
P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A.
§ 13-10-91 and shall continue to use the federal authorization program throughout the contract
term. All contractors shall further agree that, should it employ or contract with any
subcontractor(s) in connection with the physical performance of services pursuant to its contract
with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s
E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the
subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and provide a copy of each
such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such
physical services
2021 HOPWA Agreement (CSRA EOA) Page 17
EXHIBIT "C"
PROGRAM REQUIREMENTS
Sub-recipient shall operate this project funded through Augusta Georgia’s Housing Opportunities for
Persons with Aids Grant Program according to the following guidelines:
1. Accounting and related records of Sub-recipient shall at a minimum include the following:
a. Voucher System - All supporting documentation, such as purchase order, invoices,
receiving reports and requisitions.
b. Books of Original Entry - Cash receipts and disbursements journal, general ledger.
c. Chart of Accounts - Listing of accounts must be maintained in the accounting system.
d. Personnel Records - Separate personnel file shall be maintained for each project
employee. As a minimum, the file shall contain a resume of the employee, a description
of duties assigned, and a record of the date employed, rate of pay at the time of
employment, subsequent pay adjustments, and documentation supporting leave taken
by the employee.
e. Attendance Certification - Attendance records shall be maintained for all personnel paid
with HOPWA funds. Attendance and Pay shall be certified by both the employee and their
immediate supervisor. This applies to part-time as well as full-time personnel. In addition
to accounting for daily attendance, the type of leave taken (annual, sick, or other), shall
be disclosed. Daily attendance records must support budgetary changes for payroll
purposes.
f. Payroll Records - Formal payroll records supporting cash disbursements to employees
shall be maintained. Such records shall disclose each employee's name, job title, social
security number, date hired, rate of pay, and all required deductions for tax purposes.
Timely quarterly payment of taxes withheld from employees for the Federal Government,
along with required matching costs, are required. In addition, all charges for payroll
purposes shall be in accordance with the budget submitted to the Grantee.
g. Checking Accounts - Monthly bank reconciliation shall be conducted by Sub-recipient. All
checks, stubs, etc. shall be pre-numbered and accounted for, including voided checks.
Check stubs, cancelled checks, and deposit slips must be readily available for audit
purposes. Bank statements showing the disbursement of payroll shall be added to all
salary pay requests.
h. Petty Cash - Sub-recipient is encouraged to use an impress or cash advance system and
adhere to a monthly, or if necessary, more frequent reimbursement procedure if any
HOPWA funds are used as petty cash.
i. Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable
standard for purchasing practices. Local purchasing practices and other procedures shall
prevail unless State and/or Federal practices and procedures are more stringent.
Therefore, Sub-recipient is obligated to conform to the more restrictive practices and
2021 HOPWA Agreement (CSRA EOA) Page 18
procedures. It is recommended that Sub-recipient use a formal pre-numbered purchase
order system where possible and applicable.
j. Inventories - Sub-recipient is advised to maintain adequate safeguards against loss by
theft or physical deterioration of any inventories of office supplies, equipment, or other
items purchased with HOPWA funds.
k. Property Records - Sub-recipient is required to maintain formal subsidiary records to
control all project property and equipment. Such records shall disclose the acquisition
and subsequent disposition of all property. An annual inventory should be conducted,
and the books shall reflect the actual value of property on hand at the end of the fiscal
year.
2. All projects accounting records and supporting documents shall be maintained for a period of at
least five (5) years after termination of the Grantee's award. The records shall be made available
to the Grantee, HUD and/or any of their authorized representatives.
3. Sub-recipient should maintain records in an orderly manner, with separate identification for
different federal time periods. Records must be protected from fire or other perils, and if stored
in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD
officials and others who may be authorized to examine such records.
4. REPORT SCHEDULE
Reports are to be submitted through Neighborly to the Department by the 15th of the month in
which it is due.
REPORT
DUE
PERIOD COVERED
CAPER Report March 1st after ear of grant period
Grant Period (January 1, 2020 –
January 2021)
Audit 30 days after receipt of Audit Report Sub-recipient’s audit period
Self Sufficiency Plan When applicant leaves the program
The applicant’s assistance
period
Termination Notice
Monthly, if applicant is terminated
from program
The applicant’s assistance
period
2021 HOPWA Agreement (CSRA EOA) Page 19
EXHIBIT "D"
ADMINISTRATIVE REQUIREMENTS
A. Continuum of Care Participation (24 § 576.400)
As mandated by HUD, sub-recipients must be a member of the local Continuum of Care
(CoC) to ensure proper coordination of services and service providers. New members must
have applied for membership and be actively participating in the monthly CoC meetings
and CoC subcommittee meetings.
B. Financial Management
1. Accounting Standards
The Sub-recipient agrees to comply with 24 CFR 84.21 through 28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Sub-recipient shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
(a) Sub-recipient agrees to maintain books, records, and documents in accordance with
general accepted accounting procedures and practices that sufficiently and properly
reflects all expenditures of Grant funds provided by the Grantee under this Agreement.
(b) Sub-recipient gives the Grantee, HUD, and the Comptroller General, through any
authorized representatives, access to and the right to examine all records, books, papers, or
documents relating to the Project.
(c) All Grant funds disbursed through an Emergency Solutions Grant shall be used
only for eligible activities as specifically outlined in this Agreement. The Sub-recipient
shall comply with any conditions and timetables set forth in this Agreement. In the
event the Sub-recipient does not comply with the conditions and timetables, or if the
Sub-recipient ceases to exist or provide the services for which the Grant was made, the
Sub-recipient shall not be eligible to participate" or "shall not be allowed to be
responsible for” another HOPWA eligible project, and the Sub-recipient shall be in
default. In the event of default, the Grantee may exercise any rights or remedies
provided in this Agreement, or available under applicable Federal, State of Local law.
2021 HOPWA Agreement (CSRA EOA) Page 20
C. Documentation and Recordkeeping
1. Records to be maintained
The Sub-recipient shall maintain all records required by the Federal regulations specified in 24
CFR 576.65, which are pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to the following:
a. All accounts, property and personnel records as deemed necessary by Grantee to ensure
proper accounting of all project funds and compliance with this Agreement.
b. Records required to determine the homeless eligibility of persons provided services;
c. For Homeless Prevention activities, records to document persons “at risk” of
being homeless;
d. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with HOPWA assistance;
e. Financial records as required by 24 CFR 84.21 through 28.
2. Retention
The Sub-recipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to this Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the Grantee's annual performance and
evaluation report to HUD in which the activities assisted under the Agreement are reported
upon for the final time. Notwithstanding the above, if there is litigation, claims, audits,
negotiations, or other actions that involve any of the records cited, which have commenced prior
to the expiration of the five-year period, such records shall be retained until completion of the
actions and resolution of all issues, or the expiration of the five-year period, whichever occurs
later.
3. Client Data
The Sub-recipient shall maintain client data demonstrating client eligibility for services
provided and certification of “homelessness”. Such data shall include, but not be limited to,
client name, address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to Grantee monitors or their
designees for review upon request. Homelessness certifications must be well documented and
all income information must be provided. If it is found that proper documentation is not
provided, the sub-recipient may face repayment penalties.
Additionally, for sub-recipients providing services to homeless persons or persons at risk of
homelessness, participation in the local HMIS in accordance with the policies established by the
local Continuum of Care is mandated as a condition of compliance with this agreement.
4. Disclosure
The Sub-recipient understands that client information collected under this Agreement is
private and confidential, and the use or disclosure of such information, when not directly
2021 HOPWA Agreement (CSRA EOA) Page 21
connected with the administration of the Grantee's or Sub-recipient's responsibilities with
respect to services provided under this Agreement, is prohibited unless written consent is
obtained from such persons receiving service and, in the case of a minor, that of a responsible
parent/guardian.
Additionally, Sub-recipients providing services to homeless persons or persons at risk of
homelessness, agree to adhere to the policies of the local Continuum of Care concerning Data privacy, System security, and Client confidentiality as part of their participation in
the local HMIS.
5. Close-outs
The Sub-recipient's obligation to the Grantee shall not end until all Closeout requirements
are completed. Activities during this closeout period shall include, but are not limited to the following: making final payments and disposing of program assets. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during any period that the Sub-recipient has control over HOPWA funds, including program income.
Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee,
and the Grantee may in its discretion reprogram the funds to another HOPWA eligible project.
6. Audits & Inspections
All Sub-recipient records with respect to any matters covered by this Agreement shall be
made available to the Grantee, HUD, and the Comptroller General of the United States
or any of their authorized representatives, at any time during normal business hours, as
often as deemed necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully corrected by the Sub-
recipient within thirty (30) days after receipt of notice by the Sub-recipient. Failure of the
Sub-recipient to comply with the above audit requirements shall constitute a violation of
this Agreement, and may result in the withholding of future payments. The Sub-recipient
hereby agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning Sub-recipient audits and OMB Circular A-133.
All Shelters must provide inspection reports at the time of contract execution to show
compliance with 24 § 576.500(j)- Shelter and Housing Standards.
2021 HOPWA Agreement (CSRA EOA) Page 22
Forms
1. Reimbursement Request, Checklist & Itemization
2. Income Calculator – HUDExchange.info
3. Monthly Progress Report “Exhibit E”
4. Annual Performance Report “Exhibit F”
5. FY 2019 Income Limits
6. Time Sheet (Use if applicable)
7. Bid Tabulation (Use if applicable)
8. Quote Tabulation (Use if applicable)
9. Travel Log (Use if applicable)
10. Inventory Form (Use if applicable)
Commission Meeting Agenda
11/15/2022 2:00 PM
Moratorium of Pay and Classification
Department:Administrator's Office
Department:Administrator's Office
Caption:Motion to approve a moratorium on select requests for personnel action,
effective November 8, 2022. (Approved by Administrative Services
Committee November 8, 2022)
Background:RFP #22-1550 was advertised to solicit consultants interested in
completing a compensation and classification study to begin in January
2023. To ensure accuracy of the study results and effective
implementation, all compensation and classification related data included
in the study must remain current. To accomplish this task, effective
November 8, 2022, it is recommended that the Augusta, GA Commission
impose a moratorium of select compensation and classification requests
for personnel actions. The moratorium will be in effect until
implementation of study results is approved by the Augusta Commission.
This moratorium will not interfere with our normal onboarding process,
promotions, transfers, or separations from Augusta, GA employment;
however, RPAs should not be submitted for the following actions until
further notice. Rate of Pay (extenuating circumstances regarding increases
on primary salary) Reclassification (upgrades/downgrades, job title
changes, reorganizations) New Positions
Analysis:Instituting a moratorium on pay and classification changes during the
assessment phase of a compensation and classification study is an industry
standard practice.
Financial Impact:None
Alternatives:Do not approve a moratorium on select requests for personnel action,
effective November 8, 2022.
Recommendation:Motion to approve a moratorium on select requests for personnel action,
effective November 8, 2022.
Funds are Available in
the Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
RFP#22-1550 Classification and Compensation Study
Department:HR Department
Department:HR Department
Caption:Motion to approve recommendation of Award for RFP 22-1550
Classification and Compensation Study to The Segal Company, Inc.
(Approved by Administrative Services Committee November 8, 2022)
Background:Augusta is in need of an updated Classification and Compensation Study
to ensure that our classification and compensation is competitive. The
Archer study was the last study which was approved by Commission in
June 7, 2016. The current solicitation for a Classification and
Compensation study was approved in the HR budget for FY22.
Analysis:A RFP solicitation was submitted by Procurement for the services. Three
responses were received. The RFP was evaluated and two firms were
shortlisted. The committee held vendors presentations from the two
shortlisted firms. The Segal Company received the highest score. Human
Resources under the guidance of the Procurement Department entered into
contract with The Segal Company. We are requesting that you award the
Classification and Compensation Study to The Segal Company.
Financial Impact:$480,000.00 for a maximum of 260 job classifications. General fund (101-
01-5510/5212999) - $75,000 - funding was approved in the 2022 budget,
Capital Fund - $205,000 (272-10-1110/6011110) - 2022 contingency
Capital Fund - $200,000 (272-10-1110/6011110) – if approved, funding
will be provided in the 2023 budget
Alternatives:Not to award and continue with the current classification and
compensation system.
Recommendation:Award the Classification and Compensation Study to The Segal Company.
Funds are Available in
the Following
Accounts:
General fund (101-01-5510/5212999) - $75,000 - funding was approved in
the 2022 budget, Capital Fund - $205,000 (272-10-1110/6011110) - 2022
contingency Capital Fund - $200,000 (272-10-1110/6011110) – if
approved, funding will be provided in the 2023 budget
REVIEWED AND APPROVED BY:
Cover Memo
Cover Memo
1
MASTER CONSULTING AGREEMENT
THIS MASTER CONSULTING AGREEMENT (the “MCA” and together with any Statement of
Work(s) (“SOW”) issued hereunder, the “Agreement”) between The Segal Group, Inc., a
Delaware corporation, with its principal place of business at 333 West 34th Street, New York,
New York 10001-2402, on behalf of itself and its operating subsidiaries and its affiliates1,
(collectively, “Segal”), and Augusta, Georgia, with its principal place of business at 535 Telfair
Street, Room 605, Augusta, Georgia 30901, United States (“Client”) is made effective as of
_____________________________(the “Effective Date”). Segal and Client will also be referred
to herein individually as a “Party” and jointly as the “Parties”.
1. Services.
(a) Services. Segal will provide certain employee benefits consulting and related
services to Client (“Services”) as set forth in one or more SOWs, a form of which
is attached hereto, signed by both Parties. The execution of an SOW by any of
Segal’s affiliates, specifically referencing this Agreement, is an agreement by and
between the applicable Segal entity and Client. Each SOW is subject to and
incorporates the terms and conditions of this MCA by reference. For the
avoidance of doubt, this Agreement does not cover (i) investment consulting and
advisory services provided by Segal Advisors, Inc. (d/b/a/ Segal Marco Advisors)
or (ii) specialized insurance brokerage and related services provided by Segal
Select Insurance Services, Inc.
(b) Standard of Care. All Services rendered under this Agreement will be
performed by competent personnel with at least the same degree of care and
skill exercised by reputable providers of similar services and in accordance with
all applicable laws, regulations and professional standards. Segal’s Services do
not include rendering legal, tax or accounting advice or the acceptance of
fiduciary responsibility under the Employee Retirement Income Security Act of
1974, as amended, and the regulations promulgated thereunder (“ERISA”) or
other laws. Client acknowledges and agrees that Segal will not have any liability
or responsibility whatsoever for (i) the acts or omissions of Client’s employees,
agents and other service providers (whether current or past), (ii) Client’s
condition or status prior to Segal’s retention as a service provider, (iii) the long-
term impact of such acts, omissions, condition or status, or (iv) the veracity or
accuracy of data received from or on behalf of Client.
2. Term and Termination.
(a) Term. The term of this Agreement will commence on the Effective Date and
continue in effect until _____________, 2023 (the “Initial Term”), unless earlier
1 This agreement governs services provided by the following legal entities: The Segal Company (Eastern States), Inc. (EIN: 13-
1835864), a New York corporation; The Segal Company (Southeast), Inc. (EIN: 13-2619259), a Georgia corporation; The Segal
Company (Midwest), Inc. (EIN: 13-1975125), an Illinois corporation: The Segal Company (Western States), Inc. (EIN: 94-
1503999), a Maryland corporation and The Segal Company, Ltd. (EIN: 13-2776405), a Michigan corporation, authorized to
conduct business in Canada.
2
terminated by a Party in accordance with Section 2(b) of this Agreement. There
will be an option to extend for three (3) additional, one-year terms upon mutual
consent of the Parties. Notwithstanding the foregoing, should any SOW entered
into during the Initial Term or any renewal or extension term require Services to
be performed beyond the expiration or termination of this MCA, the terms of this
Agreement shall remain in full force and effect until the expiration or termination
of such SOW.
(b) Termination. Either Party may terminate this MCA or any SOW upon at least
sixty (60) calendar days’ written notice, or such shorter period as may be
required by applicable law or as set forth in an SOW. Upon termination of this
Agreement, the Parties agree and understand that any corresponding business
associate agreements (each a “BAA”) and/or personal information processing
agreements (each a “PIPA”) shall terminate under the same terms, subject to any
data retention, return and destruction provisions contained therein.
3. Fees and Expenses
(a) Fees. Segal’s fee for the Services will be set forth in the applicable SOW.
(b) Expenses. Client will reimburse Segal for any reasonable expenses incurred in
connection with providing the Services, unless otherwise expressly set forth in an
SOW. Client acknowledges that Segal’s fees do not contemplate expenses
incurred in connection Segal’s requested or compelled participation in disputes,
investigations, arbitrations, litigation or other dispute resolution proceedings
(each an “Action”) as a result of its relationship with Client, such as Segal time
spent and costs incurred in connection with: responding to subpoenas and other
document requests; preparing for testimony and testifying; or engaging in motion
practice as a result of Client’s acts or omissions.
(c) Invoices and Payment. Unless otherwise set forth in the applicable SOW, Segal
will bill ongoing annual retainer fees quarterly in advance and hourly-time
charges monthly in arrears. Segal will bill for permitted expenses incurred as
soon as practicable. All sums are payable in United States dollars. All undisputed
invoices (or portions thereof) will be paid by Client within thirty (30) days of
receipt by electronic funds transfer (e.g. ACH or wire) in immediately available
funds, as specified in the applicable invoice. If, within forty-five (45) days of the
invoice date, Segal has not received payment for any undisputed fees or
expenses payable hereunder, Segal may terminate this Agreement. Upon
termination of this Agreement, Segal will be compensated for all work performed
up until the date of Termination.
(d) Indirect Compensation.
(i) General. Other than commissions from the placement of insurance
policies, as described below and set forth in the SOW, Segal does not
anticipate receiving indirect compensation in connection with providing
Services under this Agreement.
3
(ii) Insurance Commissions. Segal is a licensed insurance producer. In the
course of providing Services related to health and welfare plans or
benefits, the Client may appoint Segal as its broker of record and Segal
may place insurance policies for Client. Acting in this capacity and
consistent with applicable law, Segal may earn commissions from the
placement of insurance policies. Prior to placing any commission-bearing
insurance policy on Client’s behalf, the Parties will enter into an additional
compensation disclosure agreement describing all compensation paid or
payable to Segal in connection with Client’s purchase of insurance. If this
Agreement is terminated or Client removes Segal as its broker of record,
consistent with applicable insurance law, Segal will retain all commissions
received prior to the date of termination or removal.
Segal also participates in contingent compensation programs with
insurance carriers, which may result in additional compensation to Segal
from the Client’s insurance carrier(s). Segal has established procedures
to prevent its participation in any contingent compensation programs from
influencing the neutrality in recommending insurance products and uses
such contingent compensation to offset firm-wide operating expenses and
improve client support services.
(e) ERISA Acknowledgements.
(i) Client Fiduciary Authority. If Client is an employee benefit plan, each
person(s) signing this Agreement is doing so in his/her capacity as
representative or agent of the plan’s “Named Fiduciary” (as defined by
ERISA). The Named Fiduciary acknowledges that it has sole authority to
select the plan’s service providers and has responsibility to determine
whether the service arrangements, including compensation paid, are
reasonable.
(ii) ERISA Fee Disclosures.
(1) Health and Welfare Plans. Segal acknowledges that it is a
“covered service provider” within the meaning of Section 408(b)(2)
of ERISA when providing Services to health and welfare plans and
will disclose any fees and other compensation it receives in
accordance with the requirements of with ERISA Section
408(b)(2). This Agreement describes the Services and Segal’s
direct compensation for Services. If Segal receives any indirect
compensation (as described in Section 3(d) above), Segal will
provide an annual statement describing the indirect compensation
it received in the previous plan year. The Named Fiduciary agrees
and acknowledges that it has received a copy of this Agreement
for review reasonably in advance of entering into this Agreement
and that the designation of Segal as a service provider, and any
other transactions contemplated by this Agreement, are consistent
with and permissible under the plan documents.
4
(2) Pension Plans. If Segal receives any indirect compensation in
connection with providing services to pension plans, it will be a
“covered service provider” within the meaning of Section 408(b)(2)
of ERISA and will disclose any fees and other compensation it
receives in accordance with the requirements of with ERISA
Section 408(b)(2). This Agreement describes the Services and
Segal’s direct compensation for Services. If Segal receives any
indirect compensation (as described in Section 3(d) above), Segal
will provide an annual statement describing the indirect
compensation it received in the previous plan year. The Named
Fiduciary agrees and acknowledges that it has received a copy of
this Agreement for review reasonably in advance of entering into
this Agreement and that the designation of Segal as a service
provider, and any other transactions contemplated by this
Agreement, are consistent with and permissible under the plan
documents.
A copy of Segal’s firm-wide ERISA Section 408(b)(2) fee disclosure is
available at http://www.segalco.com/disclosure-of-compensation.
4. Information and Ownership.
(a) Client Information. Client agrees to supply to Segal (either directly or through
Client’s agents and representatives) on a timely basis all of the data,
documentation and information (e.g., current plan design and plan documents,
information concerning all plan participants and beneficiaries) reasonably needed
by Segal to perform the Services (“Client Information”), in a usable format. If
Client Information is not provided in a usable format, Segal may charge Client for
actual costs incurred in converting it to a usable a format. Segal will have the
right to reasonably rely on the accuracy and completeness of Client Information
and will have no responsibility for independently verifying or checking Client
Information for accuracy or completeness. Client will notify Segal promptly upon
gaining knowledge of any material change to Client Information. Client
acknowledges and agrees that Segal shall have no liability for errors resulting
from latent defects in Client Information or Client’s failure to notify Segal of
changes to Client Information.
(b) Ownership of Client Information. Client Information is and will remain the sole
and exclusive property of Client. In addition to the Services, Segal is authorized
to use Client Information for internal purposes and may aggregate Client
Information with other data collected by Segal and distribute such data, or
analysis of such data, to third parties, provided such distributed data does not
identify Client or any Client participants or beneficiaries. Further, Segal is
expressly authorized to include Client’s name and logo/trademark in a list of
representative clients for marketing and/or sales purposes. For the avoidance of
doubt, Segal will not sell or otherwise receive remuneration for Client Information
or materials derived from Client Information.
(c) Ownership of Deliverables. Client acknowledges that, in providing the Services,
Segal will distribute or make available certain proprietary materials (“Segal’s
5
Proprietary Information”), including, but not limited to, publications, software,
know-how, techniques, methodologies and report formats. Except to the extent
that they are or incorporate Segal’s Proprietary Information, all documents, data,
and other tangible materials authored or prepared and delivered by Segal to
Client under the terms of this Agreement (collectively, the "Deliverables"), are the
sole and exclusive property of Client, once paid for by Client. To the extent that
Segal’s Proprietary Information is incorporated into such Deliverables, Client will
have a perpetual, fully paid, non-exclusive, non-transferable and non-
sublicensable right to use, copy, and modify Segal’s Proprietary Information as
part of the Deliverables internally and for their intended purpose. Segal will not
have any responsibility or liability for use of any Deliverable in any manner other
than for the intended purpose.
5. Confidentiality and Data Privacy.
(a) Confidential Information. Confidential Information includes (i) Client
Information; (ii) Segal’s Proprietary Information; and (iii) any other information
clearly identified by a Party as confidential at the time of disclosure or that a
reasonable person should understand to be confidential or proprietary in nature.
Confidential Information will not include information which: (i) is or becomes a
part of the public domain through no fault of the receiving Party; (ii) was in the
receiving Party’s lawful possession prior to the disclosure; (iii) is disclosed by the
disclosing Party without restriction on disclosure; (iv) is independently developed
by the receiving Party without reliance on the disclosing Party’s Confidential
Information; (v) is required to enforce a Party’s rights hereunder; or (vi) is
required to be disclosed by a governmental authority or pursuant to a subpoena,
provided that to the extent not prohibited by applicable law, the receiving Party
gives the disclosing Party a reasonable opportunity to contest the disclosure
and/or seek any available protections for the Confidential Information.
(b) Obligations Related to Confidential Information. With respect to a disclosing
Party’s Confidential Information, the receiving Party agrees to:
(i) Not use or disclose Confidential Information for any reason other than the
reason it was disclosed or as otherwise permitted by this Agreement (the
“Purpose”), without the express permission of the disclosing Party;
(ii) Not misappropriate or use Confidential Information in order to intentionally
damage the disclosing Party’s business or reputation or otherwise gain a
competitive advantage over the disclosing Party;
(iii) Only disclose, or otherwise make available, Confidential Information to
those of its affiliates, officers, employees and agents (“Representatives”)
who have a legitimate need to know the Confidential Information in
furtherance of the Purpose and have been made aware of the obligations
of this Agreement and their responsibility for complying with those
obligations. The receiving Party acknowledges that it is fully responsible
for a breach of this Agreement by its Representatives;
6
(iv) Notify the disclosing Party promptly upon becoming aware of any
unauthorized use, disclosure or release of Confidential Information of
which it is aware.
(v) Segal acknowledges that this Agreement and certain documentation that
Client may receive may be subject to the Georgia Open Records Act
(OCGA §50-18-70, et seq.) (hereinafter the “Act”). Segal shall cooperate
in a commercially reasonable manner in responding to such requests and
shall make relevant non-exempt records that may be in its possession as
defined in, and which are subject to the Act, available for inspection and
copying as required under the Act. Confidential and Proprietary
documentation and/or information that Client may receive from the Segal
shall be marked as such and shall attach an affidavit attesting to the
confidential and proprietary nature of the documentation and/or
information, and shall be subject to the relevant exclusions pursuant to
the Act.
(c) Cybersecurity. Segal maintains procedures, consistent with industry standards
and as required by law, to ensure the security of all data maintained on Segal’s
information technology systems. In addition, Segal maintains a reasonable and
appropriate business continuity/disaster recovery program. Segal agrees to
provide Client with any information Client reasonably requests related to Segal’s
information security protocols and disaster recovery program, provided that such
information will be treated by Client as Confidential Information and not disclosed
to any third party without Segal’s consent.
(d) Personal Information. Segal acknowledges that Client Information may include
personally identifiable information (“PII”) related to Client’s employees and/or
participants and beneficiaries under Client’s sponsored employee benefit plans,
including, but not limited to Personal Information (“PI”), as such term is defined in
the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and
Protected Health Information (“PHI”), as such term is defined in the Health
Insurance Portability and Accountability Act of 1996, as amended by the Health
Information Technology for Economic and Clinical Health Act (“HITECH”) and the
American Recovery and Reinvestment Act of 2009 (“ARRA”) (together “HIPAA”),
and the regulations promulgated thereunder (the “HIPAA Rules”). Prior to Segal’s
receipt of PII, PHI, or PI, the Parties will enter into a BAA and/or a PIPA that set
out the additional terms, requirements, and conditions on which Segal will obtain,
handle, process, disclose, transfer, or store PII when providing services under
this Agreement. The PIPA and/or BAA will be attached to this Agreement. In the
event of any conflict or ambiguity between:
(i) any provision contained in this Agreement, including any attachments,
amendments or addendums thereto, and any provision contained in the
body of any PIPA, the provision in the body of the PIPA will prevail;
(ii) any provision contained in this Agreement or the PIPA, including any
attachments, amendments or addendums thereto, and any provision
contained in the body of any separately executed BAA between the
7
Parties, the provision in the body of such BAA will prevail with respect to
PHI.
6. Liability and Insurance.
(a) Force Majeure. Neither Party will be liable for or be considered to be in breach
of or default under this Agreement on account of, any delay or failure to perform
as required by this Agreement as a result of any Force Majeure Event or other
cause or condition beyond its reasonable control, so long as that Party uses all
commercially reasonable efforts to avoid or remove the causes of non-
performance. For purposes of this Agreement, “Force Majeure Event” includes,
but is not limited to, an act of God, war (whether or not actually declared), armed
conflict or the serious threat of the same, hostility, blockade, military embargo,
sabotage, insurrection, rebellion, act of a public enemy, riot or other act of civil
disobedience, governmental act, judicial action, explosion, act of terrorism or
threat thereof (including cyberterrorism), natural disaster (including without
limitation asteroid strikes or volcanic activity), violent storm (including without
limitation hurricanes, tornados or blizzards), atmospheric disturbance (including
without limitation geomagnetic storm, solar flare or sun outage with respect to
electricity grids, transformers and satellite transmissions), destruction by
lightning, fire, earthquake, tsunami, flood, plague, epidemic, pan-epidemic,
quarantine, civil commotion, strike or lockout or labor dispute (excluding for the
avoidance of doubt strikes of Segal’s staff), satellite malfunction, prolonged
internet outage, communications line failure or power failure.
(b) Remedies. SEGAL WILL NOT BE LIABLE UNDER ANY LEGAL OR
EQUITABLE THEORY, WHETHER IN CONTRACT OR IN TORT, FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES OR COSTS (WHETHER OR NOT SEGAL HAS BEEN ADVISED OF
OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES), OR
FOR ANY LOST PROFITS, APPRECIATION, EARNINGS, OR SAVINGS, OR
FOR ANY CLAIMS AGAINST CLIENT BY ANY OTHER PARTY.
SEGAL’S LIABILITY FOR DIRECT DAMAGES INCURRED BY CLIENT WILL
NOT EXCEED THE FEES PAID TO SEGAL DURING THE PRECEDING
TWELVE-MONTH PERIOD.
NOTHING IN THIS SECTION WILL ACT TO RELIEVE SEGAL FROM ANY
RESPONSIBILITY, LIABILITY OR DUTY WHICH SEGAL MAY NOT DISCLAIM
UNDER APPLICABLE FEDERAL OR STATE LAWS, INCLUDING ERISA.
(c) Insurance. Segal shall provide a certificate of insurance showing the required
coverages in such amounts and in the manner required by Exhibit II of RFP # 22-
1550.
7. Indemnification. Segal shall indemnify and hold harmless the Client, its directors,
officers, agents, employees and Affiliates against and in respect of any and all damages,
losses, liabilities, claims and expenses (including reasonable attorney fee) to the extent
8
resulting from Segal’s gross negligence, willful misconduct or fraud in the performance of
Services. The aforesaid clause shall survive the termination of this Agreement.
Subject to the provision of the agreement Client shall not violate intentionally or
unintentionally any applicable local, state, national or international laws or regulations in
connection with the Services, including but not limited to those related to intellectual
property, privacy or security.
8. Notices. Any notices or other communications under this Agreement will be in writing
and will be given to the Parties at the addresses set forth below:
If to Client, to:
Augusta, Georgia
535 Telfair Street
Room 605
Augusta, Georgia 30901
United States
Attention: Anita Rookard
arookard@augustaga.gov
Copy to:
Augusta Law Department
c/o General Counsel
535 Telfair Street, Building 3000
Augusta, Georgia 30901
If to Segal, to:
The Segal Group
333 West 34th Street
New York, New York 10001
United States
Attention: General Counsel
Contract_Notice@segalco.com
Copy to:
Patrick Bracken
pbracken@segalco.com
Notices will be deemed to have been received upon the earlier of actual receipt thereof
or, with respect to delivery (i) by electronic mail, upon confirmation of receipt, whether
telephonically or by electronic transmission; (ii) by overnight courier or overnight express
mail, the next business day following delivery to such overnight courier or the U.S.
Postal Service; and (ii) by mail, the fifth business day following such delivery to the U.S.
Postal Service. Any Party may change the contact information above by written notice to
the other.
9
9. Dispute Resolution; Governing Law; Waiver of Jury Trial. If any controversy,
dispute, or claim arises between the parties with respect to this Agreement, the parties
shall make good faith efforts to resolve such matters informally.. Except to the extent
superseded by federal law, the validity, interpretation, enforceability, and performance of
this Agreement will be governed by the laws of the State of Georgia. Unless otherwise
agreed by the Parties, any dispute, controversy or claim arising out of or to enforce the
terms of this Agreement may only be brought in the appropriate federal or state court in
the State of Georgia, Richmond County. THE PARTIES AGREE TO WAIVE ANY
RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING
OUT OF THIS AGREEMENT.
10. General
(a) Entire Agreement; Modification of Agreement. This MCA, the applicable
SOW(s), RFP # 22-1550, and Segal’s Proposal to RFP # 22-1550 constitute the
entire agreement between the Parties regarding the furnishing of the Services
and supersedes all prior oral or written understandings between the Parties.
Neither party has relied on any promises, representations, or warranties except
as expressly set forth in this Agreement. No modification or amendment hereto
will be valid unless it is in writing and signed by the Parties. This Agreement may
only be modified by a written amendment signed by an authorized representative
of each Party. Segal acknowledges that this Agreement 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 Client’s Board of
Commissioners and approval of the Mayor. Under Georgia law, Segal is deemed
to possess knowledge concerning Client's ability to assume contractual
obligations and the consequences of Segal’s provision of goods or services to
Client under an unauthorized contract, amendment, modification, change order
or other similar document, including the possibility that Segal may be precluded
from recovering payment for such unauthorized goods or services. Accordingly,
Segal agrees that if it provides goods or services to Client under a contract that
has not received proper legislative authorization or if Segal provides goods or
services to Augusta, Georgia in excess of the any contractually authorized goods
or services, as required by Client's Charter and Code, Client may withhold
payment for any unauthorized goods or services provided by Segal. Service
Provider assumes all risk of non-payment for the provision of any unauthorized
goods or services to Client, and it waives all claims to payment or to other
remedies for the provision of any unauthorized goods or services to Client,
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.
(b) Assignment of the Agreement. A Party may only assign this Agreement with
the other Party’s prior written consent, except that either party may assign this
Agreement: (i) to any of its affiliates or subsidiaries (whether existing now or in
the future); (ii) in connection with the transfer or sale of all or substantially all of
its assets or business or business to which this Agreement relates or (iii) its
merger or consolidation with another company. No assignment will discharge a
party from its obligations or duties under Section 4 (Information and
Ownership), Section 5 (Confidentiality and Data Privacy) and Section 6
10
(Liability and Insurance) of this Agreement. This Agreement will be binding
upon both Parties hereto, and their respective successors and assigns.
(c) Subcontractors and Sub-advisers. Client understands and agrees that Segal
may, from time to time, consult with or receive services from subcontractors in
connection with providing the Services under this Agreement.
(d) Non-Solicitation. While this Agreement is in effect and for eighteen (18) months
thereafter, Client agrees to not directly solicit for employment any Segal
employees directly involved in providing any Services or otherwise induce such
individuals to terminate their relationship with Segal. The preceding sentence will
not prohibit Client from considering for employment any Segal employee or
former employee who (i) seeks employment with Client in response to a general
advertisement by Client or (ii) is identified in the course of employment searches
by an independent third party retained by Client (so long as the search is not
directed toward Segal’s employees).
(e) Survival of Terms. The provisions of Section 4 (Information and Ownership),
Section 5 (Confidentiality and Data Privacy), Section 6 (Liability and
Insurance), Section 8 (Dispute Resolution; Governing Law; Waiver of Jury
Trial) and Section 9 (General) will survive the termination of this Agreement.
(f) Severability and Waiver. If any provision of this Agreement is found to be
illegal or otherwise unenforceable, that provision will be severed and the
remainder of this Agreement will remain in full force and effect. No consent to or
waiver of any default hereunder will be effective unless in writing and no such
consent or waiver will be construed as a consent to or waiver of any default in the
future or of any other default hereunder.
(g) Authority to Enter Agreement.
(i) Segal represents and warrants that: (A) it has all necessary power and
authority to enter into this Agreement; (B) the person signing has been
duly authorized to execute this Agreement on its behalf; (C) the execution
and delivery of this Agreement and any action contemplated herein does
not conflict with, or violate, any provision of law, rule or regulation,
contract, deed of trust or other instrument to which it is a party or
otherwise bound; (D) this Agreement is a valid and binding contract
enforceable against it; and (E) to its knowledge, it is in compliance with all
applicable law and regulation related to its performance pursuant to the
terms of this Agreement.
(ii) Client represents and warrants that: (A) it has all necessary power and
authority to enter into this Agreement; (B) the person signing has been
duly authorized to execute this Agreement on its behalf, (C) the execution
and delivery of this Agreement and any action contemplated herein does
not conflict with, or violate, any provision of law, rule or regulation,
contract, deed of trust or other instrument to which it is a party or
otherwise bound; (D) this Agreement is a valid and binding contract
enforceable against it; and (E) to its knowledge, it is in compliance with all
11
applicable law and regulation related to its performance pursuant to the
terms of this Agreement.
(h) No Third Party Beneficiaries. This Agreement (and any amendment or
addendum thereto) is made and entered into solely for the benefit and protection
of the Parties hereto, their successors and permitted assigns, and does not
confer any rights or privileges upon any third parties, including any participant or
beneficiary of Client.
(i) Independent Contractors. Nothing in this Agreement shall make Segal and
Client partners, joint venturers, or otherwise associated in or with the business of
the other. Segal is and shall always remain an independent contractor. Neither
Party shall be liable for any debts, accounts, obligations, or other liabilities of the
other Party, its agents, or employees. The Parties are not authorized to incur
debts or obligations of any kind, on the part of or as agent for the other except as
may specifically be authorized in writing. This Agreement shall not be construed
to make either Party the agent or legal representative of the other Party for any
purpose whatsoever, and neither Party is granted any right or authority to
assume or create any obligations for, on behalf of, or in the name of the other
Party.
(j) Prohibition on Contingent Fees. Segal 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 Segal for the purpose of securing
business and that Segal has not received any non-Client fee related to this
Agreement without the prior written consent of Client. For breach or violation of
this warranty, Client shall have the right to terminate this Agreement pursuant to
this Section or at its discretion to deduct from the Agreement, the full amount of
such commission, percentage, brokerage or contingent fee.
(k) Counterparts. This Agreement may be executed in any number of counterparts
using ink or electronic signatures, each of which will be deemed an original.
Facsimile or other electronic copies (e.g., PDF) thereof will be deemed to be
originals.
* * * * *
Execution Page Follows
12
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
The Segal Group, Inc. Augusta, Georgia
By: [segalSignerSignature_2kQxid2] By: [counterpartySignerSignature_3xK64Hg]
Name: [segalSignerName_lpXvLvD] Name:
[counterpartySignerTextField_bu6IHQM]
Title: [segalSignerTitle_lqMKqvo] Title:
[counterpartySignerTextField_cxT4OMH||1]
Date: [segalSignerDateField_qXp1Q4G] Date:
[counterpartySignerDateField_ZGTReEO]
Attest:
Lena J. Bonner, Clerk of Commission
Request for Proposals
Request for Proposals will be received at this office until Friday, September 9, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 845 4880
0439; Passcode: 636848 for furnishing
RFP Item # 22-1550 Consulting Services for Classification & Compensation Study for Augusta, GA – Human Resources
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).
Pre-Proposal Conference will be held on Monday, August 29, 2022 @ 10:00 a.m. via ZOOM – Meeting ID: 825 7647 1107;
Passcode: 247926
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, August 30, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, all
must be received by mail or hand delivered.
No RFP may be withdrawn for a period of 90 days after 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.
GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public
contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify,
regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan
to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests
for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement
Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving
incomplete or inaccurate information upon which to base their qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 4, 11, 18, 25, 2022
Metro Courier August 4, 2022
Revised: 3/22/21
OFFICIAL
VENDORS Attachment
"B"
E-Verify
Number
SAVE
Form Original 7 Copies Fee
Proposal
The Segal Company (Eastern States), Inc.
1800 M Street NW, Suite 9005
Washington, DC 20036
Yes 139130 Yes Yes Yes Yes
Baker Tilly US, LLP
2550 Dallas Parkway, Suite 300
Plano, TX 75093
Yes 375667 Yes Yes Yes Yes
Evergreen Solutions, LLC
2878 Remington Green Circle
Tallahassee, FL 32308
Yes 341059 Yes Yes Yes Yes
Ralph Andersen & Associates
5800 Stanford Ranch Road, Suite 410
Rocklin, CA 95765
Semler Brossy Consluting Group
350 Fifth Avenue, Suite 4700
New York, NY 10118
Total Number Specifications Mailed Out: 51
Total Number Specifications Download (Demandstar): 6
Total Electronic Notifications (Demandstar): 133
Georgia Procurement Registry: 1693
Total packages submitted: 3
Total Noncompliant: 0
RFP Opening - RFP Item #22-1550
Consulting Services for Classification & Compensation Study
for Augusta, GA – Human Resources
RFP Date: Friday, September 9, 2022 @ 11:00 a.m.
No Bid Submittal
No Bid Submittal
Page 1 of 1
The Segal Company
(Eastern States), Inc.
1800 M Street NW, Suite 9005
Washington, DC 20036
Baker Tilly US, LLP
2550 Dallas Parkway, Suite 300
Plano, TX 75093
Evergreen Solutions, LLC
2878 Remington Green Circle
Tallahassee, FL 32308
The Segal Company
(Eastern States), Inc.
1800 M Street NW, Suite 9005
Washington, DC 20036
Baker Tilly US, LLP
2550 Dallas Parkway, Suite 300
Plano, TX 75093
Evergreen Solutions, LLC
2878 Remington Green Circle
Tallahassee, FL 32308
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 PASS PASS
2. Qualifications & Experience (0-5)15 4.7 4.4 4.8 70.3 66.6 72.2
3. Organization & Approach (0-5)20 4.4 3.4 4.1 88.8 68.8 81.3
4.Scope of Services
Provide experience and approach to the deliverable
addressed in Section 4 - Scope of Services:
a. Classification Study Activities
b. Classification Study Deliverables
c. Compensation Study Activities
d. Compensation Study Deliverables
(0-5)20 4.8 3.1 4.5 96.3 62.5 90.0
5. Financical Stability (0-5)5 4.9 4.9 4.3 24.4 24.4 21.3
6. References (0-5)5 4.0 3.8 4.8 20.0 18.8 23.8
Within Richmond County 5 10 0 0 0 0 0 0
Within CSRA 5 6 0 0 0 0 0 0
Within Georgia 5 4 5 0 5 20 0 20
Within SE United States (includes AL, TN, NC, SC,
FL) 5 2 0 0 0 0 0 0
• All Others 5 1 0 5 0 0 5 0
27.8 24.6 27.4 319.7 245.9 308.4
8. Presentation by Team (0-5)10 4.8 3.6 48 0 36
9. Q&A Response to Panel Questions (0-5)5 4.8 3.7 24 0 19
Lowest Fees 5 10 5 0 0 50
Second 5 6 5 30 0 0
Third 5 4 0 0 0
Forth 5 2 0 0 0
Fifth 5 1 0 0 0
Total Phase 2 - (Total Maximum Ranking
15 - Maximum Weighted Total Possible
125)
14.6 0.0 12.3 102 0 104
42.4 24.6 39.7 421.2 245.9 412.7
Procurement DepartmentRepresentative:_____Nancy Williams___________________________________
Procurement Department Completion Date: 10/13/22 Phase II 10/13/22
Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award)
Internal Use Only
Total Cumulative Score
(Maximum point is 500)
Evaluator: Cumulative Date: 10/13/22 Phase II 10/13/22
Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any
Cost/Fee Proposal Consideration10. 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)
Phase 1 Total - (Total Maximum Ranking 30 -
Maximum Weighted Total Possible 375)
Vendors
Phase 1
RFP Opening - RFP Item #22-1550
Clarrification and Compensation Study
for Augusta, GA – Human Resources Department
Evaluation Date: Wednesday, September 21, 2022 @ 10:00 a.m. via ZOOM
7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one
line only)
Ranking of 0-5 (Enter a number value between 0 and 5)
Scale 0 (Low) to 5 (High) Weighted Scores
HUMAN RESOURCES DEPARTMENT
Anita Rookard Human Resources Director
Augusta-Richmond County
Municipal Building
Human Resources Department
535 Telfair Street, Suite 400
Augusta, Georgia 30901
Office (706) 821-2303 Fax (706) 821-2867
www.augustaga.gov
MEMORANDUM
FROM: Anita Rookard, Director of Human Resources Department
TO: Ms. Geri Sams, Director of Procurement Department
DATE: October 14, 2022
SUBJECT: RFP Item #22-1550 Classification and Compensation Study (Administrative
Services) for Augusta, Ga- Human Resources Department
The evaluation committee reviewed the information provided by the vendors using the criteria
set forth in the RFP. Segal was deemed to have submitted the proposal that represents the best
combination of qualifications, approach and price for this project.
At the request of Human Resources, the Procurement Department can begin to set up a Zoom
meeting with representatives from Segal to discuss their fee proposal in more detail. Human
Resources recommends awarding the contract to Segal.
Please proceed with obtaining any additional required documentation.
Thank you for your assistance thus far. Please do not hesitate to call if you have any questions or
need additional clarification.
Cc: Takiyah A. Douse
Tanikia Jackson
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
11/15/2022 2:00 PM
Victims Of Crime Act (VOCA) Grant
Department:District Attorney
Department:District Attorney
Caption:Motion to approve and accept a grant award for the continuation of the
Victims of Crime Act (VOCA) Grant with Base Award funding $89,326
and Comp Advocate funding $50,334 from the Criminal Justice
Coordination Council of Georgia to provide services to crime victims for
the period of October 1, 2022, through September 30, 2023, and authorize
the Mayor to execute the necessary documents. (Approved by Public
Safety Committee November 8, 2022)
Background:It is for the Victim Assistance Program in the District Attorney’s Office.
Our office has received funding from the Criminal Justice Coordinating
Council for over 20 years, and this is a continuation grant from last year.
The purpose is to allow for the provision of services to crime victims as
outlined in the Crime Victims’ Bill of Rights. The funding is used
primarily for the salary of one victim advocate, one intake advocate, and
one victim’s compensation advocate.
Analysis:
Financial Impact:Funded 100% via the Criminal Justice Coordinating Council of Georgia
Victim of Crime Act Grant (VOCA)
Alternatives:
Recommendation:Please approve the Victims of Crime Act (VOCA) Funding Grant.
Funds are Available in
the Following
Accounts:
Budgeted in org Key:220022627 & 220022646 CJCC has issued a
matching funds waiver for the current round of grants.dbw
REVIEWED AND APPROVED BY:
Cover Memo
PETER J. SKANDALAKIS
Executive Director
SHANNON WALLACE
Chair District Attorney Blue Ridge Judicial Circuit
KEITH E. GAMMAGE Vice Chair Solicitor-General Fulton County
TASHA M. MOSLEY
Secretary
District Attorney
Clayton Judicial Circuit
JONATHAN L. ADAMS
District Attorney
Towaliga Judicial Circuit
C.R. CHISHOLM, JR.
Solicitor-General Athens-Clarke County
LEIGH PATTERSON
District Attorney
Rome Judicial Circuit
BERT POSTON
District Attorney
Conasauga Judicial Circuit
BRADFORD L. RIGBY
District Attorney Cordele Judicial Circuit
SANDY WISENBAKER
Solicitor-General Coweta County
1590 Adamson Parkway, Fourth Floor ● Morrow, Georgia 30260-1755 ● phone: (770) 282-6300 ● fax: (770) 282-6368 ● www.pacga.org
September 8, 2022
Dear Augusta DA
Below are the VOCA and CESF amounts that PAC anticipates applying for on your office’s behalf.
County: Augusta-Richmond
Implementing Prosecuting Attorney: District Attorney Jared Williams
Grant Period: October 1, 2022 through September 30, 2023
VOCA (BASE VWAP Program Funding):
VOCA Federal Funds: $89,326
VOCA (COMP Advocate Program Funding):
TOTAL COMP: $50,334
VOCA Federal Funds: $41,334
CESF Federal Funds: $9,000
Please note the following on the Comp Advocate Funding: The highlighted CESF funds above MUST
be spent in your Q1 SER by December 31, 2022. If these funds are not spent by then due to vacancies
etc, they will be de-obligated. They cannot be used on Q2-Q4 SERs. As a result, any date that falls
outside of Q1 (October 1, 2022-December 31, 2022) MUST be pro-rated out. The VOCA portion of the
Comp Advocates funds may be spent in Q1-Q4.
Sincerely,
Sarai Leonides-Medina
Grants Manager/Victim Services Coordinator
Prosecuting Attorney’s Council of Georgia
AUGUSTA, GEORGIA
New Grant ProposaUApplication
defore a Department/agency may apply for thc granVaward on behalf of Augusta Richmond County, they must first obtain approvalsignature from the Administrator and the Finance Director. The Administrator rvill obtain informstion on the grant progrrm andrequirements from the funding agercy and review these for feasibitity to determine if this grant/award wlll Uenerit .tugustaRichmond County. The Finance Director will review the funding requirement to determine if the grant will lit within our budgetstructure and linancial goals.
Proposal Project No. Project Title
PR000394
Start Date: l0l0l/2022
Submit Date: rcll22}Z2
Total Budgeted Amount: l6l ,ggZ.O0
VOCA grant to continue the current tevel and provision of serviccs to crime victims in the Augusta Judicial Circuit as outlined in theCrimc Victims'Bill of Rights. This Grant is a continuation grant for the salaries of three r"priut. victim advocates to carry out theservices above. EEO Required: yes EEO Notifred: yes
FY 22-23 Augusta VWAP VOCA
End Date: 09/3012023
Department: 028 District Attorney Cash Match? y
Total Funding Agency: 1J9.660.00 Totat Cash Match: 22,332.00
Sponsor: GM00l2
Sponsor Type: p1 pass thru Federal
Purpose: 3 Victims Righrs Flow Thru ID: GM00l7
ContactsType ID Name phonel zsloq
ApprovalsType JL
FA J. WILLIAMS Dept. Signature:
Grant Coordinator
reviewed the Grant application and enclosed materials and:
ind the grant/award to be feasible to the needs of Augusta Richmond county
o Deny the request
2.) I have reviewed the Grant application and enclosed materials and:
1/ Approve rhe Department Agency ro move forward with the apprication
'I'his form will also be used to provide the external auditors rvith information on all grants for compliance andccrtification requirements as required by the state and Federal Go'ernment.
Finance Director Date
user: AH92240 - Adorea HawthomE- prge
Report: GMl00O_PROPOSAL - GMl000: Grants Managemcnt: I
Curreni Dile: 10.1212022
Current Time: l6:51 :50
Salary Rate % Time to
Project
Select Pay
Period
Frequency
Cost Match?
$34,189.26 100%Biweekly $34,189.00
Biweekly $0.00
$34,189.26 100%Biweekly $34,189.00
$0.00
$0.00
$0.00
Hourly wage
Hours per
week on
project
Weeks worked
annually
Select Pay
Period
Frequency
Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$68,378
Hours Rate Total value Match
-$ In-Kind$0.00
Total annual salary
or wages
Select fringe
type
% Time to
Project Cost Match?
$34,189.26 FICA 100%$2,615.48$34,189.26 Retirement 100%$2,085.54$34,189.26 Insurance 100%$5,128.39
$0.00
$34,189.26 FICA 100%$2,615.48$34,189.26 Retirement 100%$2,085.54
$34,189.26 Retirement 100%$5,128.39
$0.00$0.00FRINGE TOTAL $19,658.82
PERSONNEL GRAND TOTAL $88,037
**All trainings and conferences must be pre-approved by submitting an agenda to your Specialist or Auditor.
Staff member Item Cost # Individuals # Nights/Days # Trips Cost Match?
Advocates Hotel 6.00 $1,000.00
$0.00
$0.00
$0.00
$0.00
Advocate
Intake AdvocateIntake Advocate
Vacant 7.65%
Volunteers VOLUNTEERS TOTAL
Title
CJCC Budget Detail Worksheet
Purpose: This Budget Detail Worksheet is used to verify all Subgrant Expenditure Requests (SERs) and to determine whether costs are allowable, reasonable and justified.
Please fill it out completely with the Subgrant Adjustment Request (SAR) #1 in your award packet and for each subsequent SAR that requires a budget change. All
required information must be present in the budget narrative, regardless of format.
NOTE - If you need extra lines in the spreadsheet under one of the categories: 1) Highlight an entire row or block of lines within the same category 2) Keeping your mouse over the
highlighted row or block, right click and select the copy option by left clicking 3) Next, right click with your mouse again on the highlighted row or block and chose the option "insert copied
cells" by left clicking If you selected only a block and not the entire row, a new tile will open up and select the option "Shift cells down" and click OK. Use of this technique will ensure
that you don't change the formulas inserted in the spreadsheet.
VOCA
First and Last name
Any PAC-Approved Trainings
PERSONNEL TOTAL
Trainings and Conferences
B.Travel--Funds must be budgeted in compliance with State of Georgia Statewide Travel Regulations.Itemize travel expenses of program personnel by category (e.g.mileage,
meals,lodging,incidentals,and airfare)and purpose(e.g.training,field interviews,and advisory group meetings)and identifythe location,if known.For training programs,list travel and
meals for participants separately.Show the budget calculation (e.g.six people attending three-day training at $X airfare,$X lodging,$X meals/incidentals).If selecting "airfare"enter
1 in the nights/days field and use the round-trip costs. Please note that the maximum reimbursement rate is $0.565 per mile, but if your agency's reimbursement rate is lower you
A (2). Volunteers -- If applicable, simply enter the number of hours of service volunteers will perform. Volunteers must be valued at $15/hour unless approved by
CJCC staff for a higher rate. Do not change the drop-down selection box from "In-kind" or your match will not calculate correctly.
Advocate
Intake Advocate Darsha West 15.00%
Darsha WestDarsha West
A (3). Fringe-- Amounts should be based on actual costs or a formula for personnel listed above, utilizing the percentage of time devoted to the program. Fringe
benefits on overtime hours are limited to FICA, Worker’s Compensation and State Unemployment Compensation. Costs included within this category are: FICA
(employer’s portion of Social Security and Medicare taxes), employer’s portion of retirement, employer’s portion of insurance (health, life, dental, etc.), employer’s
portion of Worker’s Compensation and State Unemployment Compensation.
Enter rate of each fringe
benefit as a pecentage of
salary or wages
7.65%6.10%
First and Last name
Purpose of Travel
Vacant 15.00%
Advocate Vacant 6.10%
Title
Project Name:
Agency Name:
Subgrant Number:
Select grant type:
First and Last name
Darsha West
AUGUSTA DA VWAP
C21-8-001
PAC
A (1). Personnel-- List each position by title and name of employee, if available. In order to calculate the budget enter the annual salary and the percentage of time to be devoted to the
program. Compensation of employees engaged in program activities must be consistent with that for similar work within the applicant agency.
Title
Intake Advocate
Advocate Vacant
1
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per mile Miles per grant
year Total Cost Match?
$289.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,289.00
Cost per Unit Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per unit Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00$0.00
$0.00
Cost per unit Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per unit # of Units % Charged
to Grant Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
F. (2) Consultant Fee: Enter the name, if known, and service to be provided. Show the budget calculation; for example, the hourly or daily rate (8 hours) multiplied by the
estimated number of units (eg., 1 hour of therapy).
E. Printing-- List items by type (e.g. letterhead/envelopes, business cards, training materials). Show budget calculation. For example, where an item is business cards, enter $15 for
cost per unit; "box" for define unit; 2 for # units, and Print Mania for Vendor. Leave "define unit" blank if it is not applicable.
F. (1) Subtotal
Item # Units
# Units
EQUIPMENT TOTAL
Vendor
F. (1) Other Costs-- List items by type (e.g. real property lease, repairs/maintenance, utilities, copier rental/lease, postage meter, insurance & bonding, dues & subscriptions,
advertising, registration fees, film processing, notary services, public relations, communication services - indicate if DOAS is provider). Show budget calculation. For example, provide
the office space square footage and the lease rate or provide the monthly lease amount and the number of months leased. For unit enter time period as applicable (i.e., "month" for utility
costs) or leave blank for items such as registration that require a one-time fee.
SUPPLY TOTAL
Item Vendor
PRINTING TOTAL
Any PAC-Approved Training & Conferences
# Items
Location or Coverage AreaPurpose of Travel Staff member
Advocates TBD
Mileage
C.Equipment--List non-expendable items to be purchased.Applicants should analyze the benefit of purchased versus leased equipment,especially high cost and electronic or digital
items.Explainhow the equipment is necessaryfor thesuccess of the program.Showthe budget calculation.Attach a narrative describing the procurement method to beused.Please
note that all items must be at least $5,000 per unit to be considered equipment. Otherwise please list items in "Supplies."
Item
Equipment Item Vendor
D.Supplies--List items by type (e.g.office supplies,postage,copier usage,training supplies,publications,audio/video (batteries,film,CD/DVD’s,etc.),office furniture,computer
software,educational/therapeutic supplies,uniforms,weapons (law enforcement and prosecution units only).Show budget calculation.For example,where an item is office supplies,
enter $100 for cost per unit; "month" for define unit; 12 for # units, and Office Palooza for Vendor. Leave "define unit" blank if not applicable.
TRAVEL TOTAL
Vendor
2
Cost per unit
Define Unit of
Service # Units Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per unit
Define Unit of
Service # Units Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0
$0
22331.5
Budget Category Amount
A. Personnel and Fringe $88,037
$1,289
$0
$0
$0
$0
$89,326
$89,326
$0
Cash $0 100%
In-Kind $0 0%
Budget Narrative
Indirect Cost
F.(4)Indirect Cost:If your agency has a negotiated rate,a copy of the Indirect Cost Rate Agreement must be submitted with your contract budget.Applicants may elect to use an
amount up to the tenpercent (10%)de Minimis rate of their Modified Total Direct Costs (MTDC)base.MTDC includesthe cost of salaries,wages and fringe benefits of personnelthat
work directly on the project,and other operational costs such as supplies,printing,and travel that are directly related to the project.To use the de Minimus indirect cost rate complete
the MTDC Calculator in the next tab. When you have completed this calculator, the total indirect cost will transfer to the space below.
G.Match Waiver:If your agency would like to request a match waiver,you should submit a letter,on your agency’s letterhead,to the Georgia Criminal Justice Coordinating Council
(CJCC).The letter should outline the reasons why your agency will have trouble meeting the full match requirement and should indicate theamount of match you are able to providefor
the proposed project.
F. (2) Consultant Fee: Enter the name, if known, and service to be provided. Show the budget calculation; for example, the hourly or daily rate (8 hours) multiplied by the
estimated number of units (eg., 1 hour of therapy).
NOTE: If a Non-Grant expense amount is entered, make sure those items for which they will be used must be incorporated into your overall budget. Indicate clearly throughout you
budget narrative and detail worksheet for which items these funds will be used.
Match Breakdown
Match Amount
F. OTHER TOTAL
B. Travel
C. Equipment
D. Supplies
Budget Summary--When you have completed this budget worksheet,the totals for each category will transfer to the spaces below.The total costs and total project costs will be
computed via Excel formula. Indicate the amount of grant funds requested and the amount of non-grant funds that will support the project.
F. (2)Subtotal
E. Printing
Name of Consultant
TOTAL PROJECT COSTS
Service Provided
F.(3)Contracts:Provide a descriptionof the product or service to be procured by contract and a cost estimate.Applicants are strongly encouraged to use a competitiveprocurement
process in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000.
Award
F. Other
F. (2)Subtotal
G. Match Waiver Amount:
Name of Consultant Service Provided
3
Instructions for the Direct Expenditures For Modified Total Direct Costs (MTDC) Calculation:
1
e) The costs must not be used as match.
Reference: 2 CFR 200.413
2
Salaries and Wages: In order for Salaries and Wages to be allowable for the calculation of MTDC the following must
a) Must be integral to the Program.
b) Individuals involved can be specifically identified with the project or activity.
c) Such costs are explicitly included in the budget.
d) The costs are not also recovered as indirect costs.
Fringe Benefits: Fringe Benefits related to Salaries and Wages (above) that are reasonable and required by: law, non-
References: 2 CFR 200.431; DOJ 2015 Section 3.9
De Minimis Indirect Cost Instructions
WARNING:
Using the 10% de Minimus rate requires a clear understanding of how to calculate the rate. Basic information
about calculating the 10% rate is included in 2 CFR 200: Uniform Administrative Requirements, Cost
Principles, and Audit Requirements (Uniform Guidance). Agencies should consider consulting a financial
professional who is knowledgeable about this federal requirement before deciding whether to request this
budget item. Some agencies may find it easier to request a pro-rated amount of direct expenses (e.g. a pro
rated amount of salaries, supplies & operating, etc.) and include this in their grant request.
As described in Section §200.403 lf the Uniform Guidance, Factors affecting allowability of costs, costs must be
consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as
both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as the
agency chooses to negotiate for a rate.
Any indirect costs charged to the grant should be included as a separate cost in the operating expenses budget
category. If your agency has a negotiated rate, a copy of the Indirect Cost Rate Agreement must be submitted with
your contract budget.
Applicants may use an amount up to the ten percent (10%) de Minimis rate of their Modified Total Direct Costs (MTDC)
base. MTDC includes the cost of salaries, wages and fringe benefits of personnel that work directly on the project,
and other operational costs such as supplies, printing, and travel that are directly related to the project.
The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
remission,scholarships and fellowships, participant supports, or any Subawards, contracts, or consultant beyond the
first $25,000. Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and audits.
Complete the De Minimis Rate Calculation Form to show your de Minimus calculation and to certify that you have
NEVER had a negotiated federal cost rate and that you will apply the rate to all of your federal grants, not just the
federal grant received from the Criminal Justice Coordinating Council, until the agency chooses to negotiate for a rate.
3
4
5
6
7
8
BUDGET COMPUTATION PROCESS FLOW
Please use the following diagram as a guide to include the deminimis indirect cost rate in your detailed budget
worksheet.
Other Expenses: This category includes other allowable costs incurred for the benefit of the program. Any match
portion is not to be included.
Space/Rental Costs: Costs associated with leased space such as rent, depreciation, utilities and maintenance.
Reference: 2 CFR 200.453
Contractual (Sub-Contracts): Use for written contracts or agreements with fiduciaries or secondary recipient
organizations such as affiliates, cooperating institutions or delegate agencies. Payments to individuals such as
stipends, allowances for trainees and consulting fees do not get recorded here. Any match portion is not to be included.
Printing: This category includes costs for training materials, brochures, business cards, and educational materials that
are incurred for the benefit of the program. Any match portion is not to be included.
Supplies: Costs incurred for materials and supplies necessary to carry out the Federal Program are allowable and must
Travel Costs: Travel costs are the expenses for transportation, lodging, subsistence, and related items incurred by
Reference: 2 CFR 200.474
Start
Open De Minimis
Budget Calculator (DBC)
Tab
Input the indirect cost
rate %, federal award,
and the sum of all
unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into
budget detail worksheet
auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De
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Open MTDC Calculator Complete section A of
MTDC calculator
Indirect Cost auto populates
to DBW
END
Complete sections B-I of
the MTDC calculator
Total
does not
include
match
Yes
Yes
In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
No
CJ
C
C
Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
Start Open De Minimis Budget Calculator (DBC) Tab Input the indirect cost rate %, federal award, and the sum of all unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into budget detail worksheet auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De Minimus Budget Calculator (DBC)
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MTDC calculator
Indirect Cost auto populates
to DBW
END
Complete sections B-I of
the MTDC calculator
Total does not include match
Yes
Yes
In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
No
CJ
C
C
Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
Instructions for the Direct Expenditures For Modified Total Direct Costs (MTDC) Calculation:
Salaries and Wages: In order for Salaries and Wages to be allowable for the calculation of MTDC the following must
a) Must be integral to the Program.
b) Individuals involved can be specifically identified with the project or activity.
c) Such costs are explicitly included in the budget.
d) The costs are not also recovered as indirect costs.
Fringe Benefits: Fringe Benefits related to Salaries and Wages (above) that are reasonable and required by: law, non-
References: 2 CFR 200.431; DOJ 2015 Section 3.9
Using the 10% de Minimus rate requires a clear understanding of how to calculate the rate. Basic information
2 CFR 200: Uniform Administrative Requirements, Cost
(Uniform Guidance). Agencies should consider consulting a financial
professional who is knowledgeable about this federal requirement before deciding whether to request this
rated amount of direct expenses (e.g. a pro-
rated amount of salaries, supplies & operating, etc.) and include this in their grant request.
200.403 lf the Uniform Guidance, Factors affecting allowability of costs, costs must be
consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as
both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as the
Any indirect costs charged to the grant should be included as a separate cost in the operating expenses budget
category. If your agency has a negotiated rate, a copy of the Indirect Cost Rate Agreement must be submitted with
Applicants may use an amount up to the ten percent (10%) de Minimis rate of their Modified Total Direct Costs (MTDC)
base. MTDC includes the cost of salaries, wages and fringe benefits of personnel that work directly on the project,
and other operational costs such as supplies, printing, and travel that are directly related to the project.
The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
scholarships and fellowships, participant supports, or any Subawards, contracts, or consultant beyond the
Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and audits.
Complete the De Minimis Rate Calculation Form to show your de Minimus calculation and to certify that you have
had a negotiated federal cost rate and that you will apply the rate to all of your federal grants, not just the
until the agency chooses to negotiate for a rate.
Please use the following diagram as a guide to include the deminimis indirect cost rate in your detailed budget
worksheet.
Other Expenses: This category includes other allowable costs incurred for the benefit of the program. Any match
portion is not to be included.
Space/Rental Costs: Costs associated with leased space such as rent, depreciation, utilities and maintenance.
Reference: 2 CFR 200.453
Contractual (Sub-Contracts): Use for written contracts or agreements with fiduciaries or secondary recipient
organizations such as affiliates, cooperating institutions or delegate agencies. Payments to individuals such as
stipends, allowances for trainees and consulting fees do not get recorded here. Any match portion is not to be included.
Printing: This category includes costs for training materials, brochures, business cards, and educational materials that
are incurred for the benefit of the program. Any match portion is not to be included.
Supplies: Costs incurred for materials and supplies necessary to carry out the Federal Program are allowable and must
Travel Costs: Travel costs are the expenses for transportation, lodging, subsistence, and related items incurred by
Reference: 2 CFR 200.474
Start
Open De Minimis
Budget Calculator (DBC)
Tab
Input the indirect cost
rate %, federal award,
and the sum of all
unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into
budget detail worksheet
auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De
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Open MTDC Calculator Complete section A of
MTDC calculator
Indirect Cost auto populates
to DBW
END
Complete sections B-I of
the MTDC calculator
Total
does not
include
match
Yes
Yes
In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
No
CJ
C
C
Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
StartOpen De Minimis Budget Calculator (DBC) TabInput the indirect cost rate %, federal award, and the sum of all unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into budget detail worksheet auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De Minimus Budget Calculator (DBC)
De
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Create the Detailed
Budget Worksheet using
TC from DBC
No
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Open MTDC Calculator Complete section A of
MTDC calculator
Indirect Cost auto populates
to DBW
END
Complete sections B-I of
the MTDC calculator
Total does not include match
Yes
Yes
In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
No
CJ
C
C
Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
De Minimis Indirect Cost Rate (Up to 10%)10%
Federal Award (Not Including Match)-$
Unallowed MTDC Costs *-$
MTDC -$
Total Cost (TC) to Enter into Budget Detail Worksheet
(Not Including the Match Requirement)-$
De Minimis Budget Calculator
*The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
remission,scholarships and fellowships, participant support cost, or any Subawards, contracts, or consultant beyond
the first $25,000. Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and
audits.
Equipment:any single item equal to or greater than $5,000.
Capital Expenditures: means expenditures to acquire capital assets or expenditures to make additions,
improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital
assets that materially increase their value or useful life.
Rental Costs: Costs associated with leased space such as rent, utilities and maintenance.
Charges for Patient Care: Both inpatient and outpatient University hospital charges but not laboratory charges
assessed through Recharge or Service centers even though the laboratory results may be used for patient care.
Outpatient travel and volunteer incentive payments are not patient care costs and are subject to F&A Costs.
Tutition Remission: Tuition charges paid to the UW (including the operating fee portion of tuition paid on behalf of
Graduate Assistants).
Scholarships: is generally an amount paid or allowed to a student at an educational institution for the purpose of
study.
Fellowships:is generally an amount paid or allowed to an individual for the purpose of study or research.
Participant Support Costs: direct costs for stipends, subsistence allowance, travel allowances, or registration fees
paid to or on behalf of a “Participant” in connection with sponsored-funded conferences or training projects. A
Participant is someone whose function is to learn something.
Subawards/Contracts (over $25,000): an award provided by a pass-through entity to a subrecipient for the
The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
scholarships and fellowships, participant support cost, or any Subawards, contracts, or consultant beyond
Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and
means expenditures to acquire capital assets or expenditures to make additions,
improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital
: Both inpatient and outpatient University hospital charges but not laboratory charges
assessed through Recharge or Service centers even though the laboratory results may be used for patient care.
Outpatient travel and volunteer incentive payments are not patient care costs and are subject to F&A Costs.
: Tuition charges paid to the UW (including the operating fee portion of tuition paid on behalf of
: is generally an amount paid or allowed to a student at an educational institution for the purpose of
is generally an amount paid or allowed to an individual for the purpose of study or research.
: direct costs for stipends, subsistence allowance, travel allowances, or registration fees
funded conferences or training projects. A
through entity to a subrecipient for the
Subgrantee Name:
Subgrant Number:
Project Name:
A
B
C
1)
2)
3)
4)
Contractual
List Subcontracts/Subawards Agency Name and Amount:
NAME
PRINTING
OTHER EXPENSES
TOTAL DIRECT EXPENDTIURES
NON PERSONAL SERVICES COSTS DISALLOWED FROM 10%
DE MINIMIS RATE INDIRECT BASE EXPENDITURES
Space/Rental Costs
Calculation of disallowed "Contractual" cost over $25,000 per subcontract/subaward.
SUPPLIES
Criminal Justice Coordinating Council
INDIRECT COST: 10% DE MINIMIS RATE CALCULATION
DIRECT EXPENDITURES FOR MODIFIED TOTAL DIRECT COSTS (MTDC) CALCULATION
SALARIES AND WAGES
FRINGE BENEFITS
TRAVEL
EQUIPMENT
5)
D
E
F
G
H
I TOTAL DISALLOWED EXPENDITURES:
J
K
L
MTDC BASE EXPENDITURES (A-I)
(Enter amount for indirect calculation on budget):
10% De Minimis Rate - up to 10%:
(Enter amount for indirect calculation on budget):
INDIRECT COST: (enter amount on budget)
*Complete the shaded sections. The spreadsheet will calcluate the Indirect Cost to be entered on the Budget in the Operating Cost Section.
**Submit the completed "Indirect Cost: De Minimis Rate Calculation" form with your contract.
***By submission of this form the grant applicant certifies that it has never received a federally-negotiated, indirect cost rate for any federal awards,
and the grant applicant, if awarded, shall apply this rate to all of its federal grants, until such time as the agency chooses to negotiate for a rate.
Tuition Remission
Capital Expenditures
Charges For Patient Care
Scholarships and Fellowships
Participant Support
BUDGETED AMOUNT
$0
$0
$0
$0
$0
$0
$0
$0
CALCULATED DISALLOWED
COST FOR INDIRECT
CALCULATION
$0
TOTAL AMOUNT
$0
$0
$0
$0
CALCULATED DISALLOWED
COST FOR INDIRECT
CALCULATION
Contractual
List Subcontracts/Subawards Agency Name and Amount:
PRINTING
OTHER EXPENSES
TOTAL DIRECT EXPENDTIURES
NON PERSONAL SERVICES COSTS DISALLOWED FROM 10%
DE MINIMIS RATE INDIRECT BASE EXPENDITURES
Calculation of disallowed "Contractual" cost over $25,000 per subcontract/subaward.
SUPPLIES
Criminal Justice Coordinating Council
INDIRECT COST: 10% DE MINIMIS RATE CALCULATION
DIRECT EXPENDITURES FOR MODIFIED TOTAL DIRECT COSTS (MTDC) CALCULATION
SALARIES AND WAGES
FRINGE BENEFITS
TRAVEL
EQUIPMENT
$0
$0
$0
$0
$0
$0
$0
$0
10%
$0
MTDC BASE EXPENDITURES (A-I)
(Enter amount for indirect calculation on budget):
10% De Minimis Rate - up to 10%:
(Enter amount for indirect calculation on budget):
INDIRECT COST: (enter amount on budget)
*Complete the shaded sections. The spreadsheet will calcluate the Indirect Cost to be entered on the Budget in the Operating Cost Section.
**Submit the completed "Indirect Cost: De Minimis Rate Calculation" form with your contract.
***By submission of this form the grant applicant certifies that it has never received a federally-negotiated, indirect cost rate for any federal awards,
and the grant applicant, if awarded, shall apply this rate to all of its federal grants, until such time as the agency chooses to negotiate for a rate.
Salary Rate % Time to
Project
Select Pay
Period
Frequency
Cost Match?
$34,189.26 100%Biweekly $34,189.00
$0.00
$0.00
$49.00 100%$49.00
$0.00
$0.00
Hourly wage
Hours per
week on
project
Weeks worked
annually
Select Pay
Period
Frequency
Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$34,238
Hours Rate Total value Match
-$ In-Kind$0.00
Total annual salary
or wages
Select fringe
type
% Time to
Project Cost Match?
$34,189.26 FICA 100%$2,615.48$34,189.26 Retirement 100%$9,572.99$34,189.26 Insurance 100%$3,907.83
$0.00
$0.00$0.00
$0.00
$0.00$0.00FRINGE TOTAL $16,096.30
PERSONNEL GRAND TOTAL $50,334
**All trainings and conferences must be pre-approved by submitting an agenda to your Specialist or Auditor.
Staff member Item Cost # Individuals # Nights/Days # Trips Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
COMP ADVOCATECOMP ADVOCATE
Volunteers VOLUNTEERS TOTAL
Title
CJCC Budget Detail Worksheet
Purpose: This Budget Detail Worksheet is used to verify all Subgrant Expenditure Requests (SERs) and to determine whether costs are allowable, reasonable and justified.
Please fill it out completely with the Subgrant Adjustment Request (SAR) #1 in your award packet and for each subsequent SAR that requires a budget change. All
required information must be present in the budget narrative, regardless of format.
NOTE - If you need extra lines in the spreadsheet under one of the categories: 1) Highlight an entire row or block of lines within the same category 2) Keeping your mouse over the
highlighted row or block, right click and select the copy option by left clicking 3) Next, right click with your mouse again on the highlighted row or block and chose the option "insert copied
cells" by left clicking If you selected only a block and not the entire row, a new tile will open up and select the option "Shift cells down" and click OK. Use of this technique will ensure
that you don't change the formulas inserted in the spreadsheet.
VOCA
First and Last name
**Potential Changes to Personnel**
PERSONNEL TOTAL
Trainings and Conferences
B.Travel--Funds must be budgeted in compliance with State of Georgia Statewide Travel Regulations.Itemize travel expenses of program personnel by category (e.g.mileage,
meals,lodging,incidentals,and airfare)and purpose(e.g.training,field interviews,and advisory group meetings)and identifythe location,if known.For training programs,list travel and
meals for participants separately.Show the budget calculation (e.g.six people attending three-day training at $X airfare,$X lodging,$X meals/incidentals).If selecting "airfare"enter
1 in the nights/days field and use the round-trip costs. Please note that the maximum reimbursement rate is $0.565 per mile, but if your agency's reimbursement rate is lower you
A (2). Volunteers -- If applicable, simply enter the number of hours of service volunteers will perform. Volunteers must be valued at $15/hour unless approved by
CJCC staff for a higher rate. Do not change the drop-down selection box from "In-kind" or your match will not calculate correctly.
COMP ADVOCATE PATRICK MILLIGAN 11.43%
PATRICK MILLIGANPATRICK MILLIGAN
A (3). Fringe-- Amounts should be based on actual costs or a formula for personnel listed above, utilizing the percentage of time devoted to the program. Fringe
benefits on overtime hours are limited to FICA, Worker’s Compensation and State Unemployment Compensation. Costs included within this category are: FICA
(employer’s portion of Social Security and Medicare taxes), employer’s portion of retirement, employer’s portion of insurance (health, life, dental, etc.), employer’s
portion of Worker’s Compensation and State Unemployment Compensation.
Enter rate of each fringe
benefit as a pecentage of
salary or wages
7.65%28.00%
First and Last name
Purpose of Travel
Title
Project Name:
Agency Name:
Subgrant Number:
Select grant type:
First and Last name
PATRICK MILLIGAN
AUGUSTA DA VWAP - COMP
PAC
A (1). Personnel-- List each position by title and name of employee, if available. In order to calculate the budget enter the annual salary and the percentage of time to be devoted to the
program. Compensation of employees engaged in program activities must be consistent with that for similar work within the applicant agency.
Title
COMP ADVOCATE
1
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per mile Miles per grant
year Total Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per Unit Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per unit Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00$0.00
$0.00
Cost per unit Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per unit # of Units % Charged
to Grant Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
F. (2) Consultant Fee: Enter the name, if known, and service to be provided. Show the budget calculation; for example, the hourly or daily rate (8 hours) multiplied by the
estimated number of units (eg., 1 hour of therapy).
E. Printing-- List items by type (e.g. letterhead/envelopes, business cards, training materials). Show budget calculation. For example, where an item is business cards, enter $15 for
cost per unit; "box" for define unit; 2 for # units, and Print Mania for Vendor. Leave "define unit" blank if it is not applicable.
F. (1) Subtotal
Item # Units
# Units
EQUIPMENT TOTAL
Vendor
F. (1) Other Costs-- List items by type (e.g. real property lease, repairs/maintenance, utilities, copier rental/lease, postage meter, insurance & bonding, dues & subscriptions,
advertising, registration fees, film processing, notary services, public relations, communication services - indicate if DOAS is provider). Show budget calculation. For example, provide
the office space square footage and the lease rate or provide the monthly lease amount and the number of months leased. For unit enter time period as applicable (i.e., "month" for utility
costs) or leave blank for items such as registration that require a one-time fee.
SUPPLY TOTAL
Item Vendor
PRINTING TOTAL
# Items
Location or Coverage AreaPurpose of Travel Staff member
Mileage
C.Equipment--List non-expendable items to be purchased.Applicants should analyze the benefit of purchased versus leased equipment,especially high cost and electronic or digital
items.Explainhow the equipment is necessaryfor thesuccess of the program.Showthe budget calculation.Attach a narrative describing the procurement method to beused.Please
note that all items must be at least $5,000 per unit to be considered equipment. Otherwise please list items in "Supplies."
Item
Equipment Item Vendor
D.Supplies--List items by type (e.g.office supplies,postage,copier usage,training supplies,publications,audio/video (batteries,film,CD/DVD’s,etc.),office furniture,computer
software,educational/therapeutic supplies,uniforms,weapons (law enforcement and prosecution units only).Show budget calculation.For example,where an item is office supplies,
enter $100 for cost per unit; "month" for define unit; 12 for # units, and Office Palooza for Vendor. Leave "define unit" blank if not applicable.
TRAVEL TOTAL
Vendor
2
Cost per unit
Define Unit of
Service # Units Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cost per unit
Define Unit of
Service # Units Cost Match?
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0
$0
12583.5
Budget Category Amount
A. Personnel and Fringe $50,334
$0
$0
$0
$0
$0
$50,334
$50,334
$0
Cash $0 100%
In-Kind $0 0%
Budget Narrative
Indirect Cost
F.(4)Indirect Cost:If your agency has a negotiated rate,a copy of the Indirect Cost Rate Agreement must be submitted with your contract budget.Applicants may elect to use an
amount up to the tenpercent (10%)de Minimis rate of their Modified Total Direct Costs (MTDC)base.MTDC includesthe cost of salaries,wages and fringe benefits of personnelthat
work directly on the project,and other operational costs such as supplies,printing,and travel that are directly related to the project.To use the de Minimus indirect cost rate complete
the MTDC Calculator in the next tab. When you have completed this calculator, the total indirect cost will transfer to the space below.
G.Match Waiver:If your agency would like to request a match waiver,you should submit a letter,on your agency’s letterhead,to the Georgia Criminal Justice Coordinating Council
(CJCC).The letter should outline the reasons why your agency will have trouble meeting the full match requirement and should indicate theamount of match you are able to providefor
the proposed project.
F. (2) Consultant Fee: Enter the name, if known, and service to be provided. Show the budget calculation; for example, the hourly or daily rate (8 hours) multiplied by the
estimated number of units (eg., 1 hour of therapy).
NOTE: If a Non-Grant expense amount is entered, make sure those items for which they will be used must be incorporated into your overall budget. Indicate clearly throughout you
budget narrative and detail worksheet for which items these funds will be used.
Match Breakdown
Match Amount
F. OTHER TOTAL
B. Travel
C. Equipment
D. Supplies
Budget Summary--When you have completed this budget worksheet,the totals for each category will transfer to the spaces below.The total costs and total project costs will be
computed via Excel formula. Indicate the amount of grant funds requested and the amount of non-grant funds that will support the project.
F. (2)Subtotal
E. Printing
Name of Consultant
TOTAL PROJECT COSTS
Service Provided
F.(3)Contracts:Provide a descriptionof the product or service to be procured by contract and a cost estimate.Applicants are strongly encouraged to use a competitiveprocurement
process in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000.
Award
F. Other
F. (2)Subtotal
G. Match Waiver Amount:
Name of Consultant Service Provided
3
Instructions for the Direct Expenditures For Modified Total Direct Costs (MTDC) Calculation:
1
e) The costs must not be used as match.
Reference: 2 CFR 200.413
2
Salaries and Wages: In order for Salaries and Wages to be allowable for the calculation of MTDC the following must
a) Must be integral to the Program.
b) Individuals involved can be specifically identified with the project or activity.
c) Such costs are explicitly included in the budget.
d) The costs are not also recovered as indirect costs.
Fringe Benefits: Fringe Benefits related to Salaries and Wages (above) that are reasonable and required by: law, non-
References: 2 CFR 200.431; DOJ 2015 Section 3.9
De Minimis Indirect Cost Instructions
WARNING:
Using the 10% de Minimus rate requires a clear understanding of how to calculate the rate. Basic information
about calculating the 10% rate is included in 2 CFR 200: Uniform Administrative Requirements, Cost
Principles, and Audit Requirements (Uniform Guidance). Agencies should consider consulting a financial
professional who is knowledgeable about this federal requirement before deciding whether to request this
budget item. Some agencies may find it easier to request a pro-rated amount of direct expenses (e.g. a pro
rated amount of salaries, supplies & operating, etc.) and include this in their grant request.
As described in Section §200.403 lf the Uniform Guidance, Factors affecting allowability of costs, costs must be
consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as
both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as the
agency chooses to negotiate for a rate.
Any indirect costs charged to the grant should be included as a separate cost in the operating expenses budget
category. If your agency has a negotiated rate, a copy of the Indirect Cost Rate Agreement must be submitted with
your contract budget.
Applicants may use an amount up to the ten percent (10%) de Minimis rate of their Modified Total Direct Costs (MTDC)
base. MTDC includes the cost of salaries, wages and fringe benefits of personnel that work directly on the project,
and other operational costs such as supplies, printing, and travel that are directly related to the project.
The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
remission,scholarships and fellowships, participant supports, or any Subawards, contracts, or consultant beyond the
first $25,000. Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and audits.
Complete the De Minimis Rate Calculation Form to show your de Minimus calculation and to certify that you have
NEVER had a negotiated federal cost rate and that you will apply the rate to all of your federal grants, not just the
federal grant received from the Criminal Justice Coordinating Council, until the agency chooses to negotiate for a rate.
3
4
5
6
7
8
BUDGET COMPUTATION PROCESS FLOW
Please use the following diagram as a guide to include the deminimis indirect cost rate in your detailed budget
worksheet.
Other Expenses: This category includes other allowable costs incurred for the benefit of the program. Any match
portion is not to be included.
Space/Rental Costs: Costs associated with leased space such as rent, depreciation, utilities and maintenance.
Reference: 2 CFR 200.453
Contractual (Sub-Contracts): Use for written contracts or agreements with fiduciaries or secondary recipient
organizations such as affiliates, cooperating institutions or delegate agencies. Payments to individuals such as
stipends, allowances for trainees and consulting fees do not get recorded here. Any match portion is not to be included.
Printing: This category includes costs for training materials, brochures, business cards, and educational materials that
are incurred for the benefit of the program. Any match portion is not to be included.
Supplies: Costs incurred for materials and supplies necessary to carry out the Federal Program are allowable and must
Travel Costs: Travel costs are the expenses for transportation, lodging, subsistence, and related items incurred by
Reference: 2 CFR 200.474
Start
Open De Minimis
Budget Calculator (DBC)
Tab
Input the indirect cost
rate %, federal award,
and the sum of all
unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into
budget detail worksheet
auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De
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No
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Open MTDC Calculator Complete section A of
MTDC calculator
Indirect Cost auto populates
to DBW
END
Complete sections B-I of
the MTDC calculator
Total
does not
include
match
Yes
Yes
In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
No
CJ
C
C
Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
Start Open De Minimis Budget Calculator (DBC) Tab Input the indirect cost rate %, federal award, and the sum of all unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into budget detail worksheet auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De Minimus Budget Calculator (DBC)
De
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TC from DBC
No
MT
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Open MTDC Calculator Complete section A of
MTDC calculator
Indirect Cost auto populates
to DBW
END
Complete sections B-I of
the MTDC calculator
Total does not include match
Yes
Yes
In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
No
CJ
C
C
Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
Instructions for the Direct Expenditures For Modified Total Direct Costs (MTDC) Calculation:
Salaries and Wages: In order for Salaries and Wages to be allowable for the calculation of MTDC the following must
a) Must be integral to the Program.
b) Individuals involved can be specifically identified with the project or activity.
c) Such costs are explicitly included in the budget.
d) The costs are not also recovered as indirect costs.
Fringe Benefits: Fringe Benefits related to Salaries and Wages (above) that are reasonable and required by: law, non-
References: 2 CFR 200.431; DOJ 2015 Section 3.9
Using the 10% de Minimus rate requires a clear understanding of how to calculate the rate. Basic information
2 CFR 200: Uniform Administrative Requirements, Cost
(Uniform Guidance). Agencies should consider consulting a financial
professional who is knowledgeable about this federal requirement before deciding whether to request this
rated amount of direct expenses (e.g. a pro-
rated amount of salaries, supplies & operating, etc.) and include this in their grant request.
200.403 lf the Uniform Guidance, Factors affecting allowability of costs, costs must be
consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as
both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as the
Any indirect costs charged to the grant should be included as a separate cost in the operating expenses budget
category. If your agency has a negotiated rate, a copy of the Indirect Cost Rate Agreement must be submitted with
Applicants may use an amount up to the ten percent (10%) de Minimis rate of their Modified Total Direct Costs (MTDC)
base. MTDC includes the cost of salaries, wages and fringe benefits of personnel that work directly on the project,
and other operational costs such as supplies, printing, and travel that are directly related to the project.
The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
scholarships and fellowships, participant supports, or any Subawards, contracts, or consultant beyond the
Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and audits.
Complete the De Minimis Rate Calculation Form to show your de Minimus calculation and to certify that you have
had a negotiated federal cost rate and that you will apply the rate to all of your federal grants, not just the
until the agency chooses to negotiate for a rate.
Please use the following diagram as a guide to include the deminimis indirect cost rate in your detailed budget
worksheet.
Other Expenses: This category includes other allowable costs incurred for the benefit of the program. Any match
portion is not to be included.
Space/Rental Costs: Costs associated with leased space such as rent, depreciation, utilities and maintenance.
Reference: 2 CFR 200.453
Contractual (Sub-Contracts): Use for written contracts or agreements with fiduciaries or secondary recipient
organizations such as affiliates, cooperating institutions or delegate agencies. Payments to individuals such as
stipends, allowances for trainees and consulting fees do not get recorded here. Any match portion is not to be included.
Printing: This category includes costs for training materials, brochures, business cards, and educational materials that
are incurred for the benefit of the program. Any match portion is not to be included.
Supplies: Costs incurred for materials and supplies necessary to carry out the Federal Program are allowable and must
Travel Costs: Travel costs are the expenses for transportation, lodging, subsistence, and related items incurred by
Reference: 2 CFR 200.474
Start
Open De Minimis
Budget Calculator (DBC)
Tab
Input the indirect cost
rate %, federal award,
and the sum of all
unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into
budget detail worksheet
auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
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In the Budget Summary,
does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
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Completed Budget
Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
StartOpen De Minimis Budget Calculator (DBC) TabInput the indirect cost rate %, federal award, and the sum of all unallowable MTDC costs
Does total direct expenditures
equal TC?
Total Cost (TC) to enter into budget detail worksheet auto-calculates
Open Detailed Budget
Worksheet (DBW) Tab
De Minimus Budget Calculator (DBC)
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does the Total Project Cost
equal the TC from the DBC
plus the match
requirement?
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Submitted to CJCC
Does the Award in the DBW
match your subgrant award
document?
Yes
No
De Minimis Indirect Cost Rate (Up to 10%)10%
Federal Award (Not Including Match)-$
Unallowed MTDC Costs *-$
MTDC -$
Total Cost (TC) to Enter into Budget Detail Worksheet
(Not Including the Match Requirement)-$
De Minimis Budget Calculator
*The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
remission,scholarships and fellowships, participant support cost, or any Subawards, contracts, or consultant beyond
the first $25,000. Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and
audits.
Equipment:any single item equal to or greater than $5,000.
Capital Expenditures: means expenditures to acquire capital assets or expenditures to make additions,
improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital
assets that materially increase their value or useful life.
Rental Costs: Costs associated with leased space such as rent, utilities and maintenance.
Charges for Patient Care: Both inpatient and outpatient University hospital charges but not laboratory charges
assessed through Recharge or Service centers even though the laboratory results may be used for patient care.
Outpatient travel and volunteer incentive payments are not patient care costs and are subject to F&A Costs.
Tutition Remission: Tuition charges paid to the UW (including the operating fee portion of tuition paid on behalf of
Graduate Assistants).
Scholarships: is generally an amount paid or allowed to a student at an educational institution for the purpose of
study.
Fellowships:is generally an amount paid or allowed to an individual for the purpose of study or research.
Participant Support Costs: direct costs for stipends, subsistence allowance, travel allowances, or registration fees
paid to or on behalf of a “Participant” in connection with sponsored-funded conferences or training projects. A
Participant is someone whose function is to learn something.
Subawards/Contracts (over $25,000): an award provided by a pass-through entity to a subrecipient for the
The MTDC base cannot include equipment, capital expenditures, rental costs, charges for patient care, tuition
scholarships and fellowships, participant support cost, or any Subawards, contracts, or consultant beyond
Applicants who request indirect costs using the 10% de Minimis rate must maintain
documentation of the costs included in the rate which will be subject to review during monitoring and
means expenditures to acquire capital assets or expenditures to make additions,
improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital
: Both inpatient and outpatient University hospital charges but not laboratory charges
assessed through Recharge or Service centers even though the laboratory results may be used for patient care.
Outpatient travel and volunteer incentive payments are not patient care costs and are subject to F&A Costs.
: Tuition charges paid to the UW (including the operating fee portion of tuition paid on behalf of
: is generally an amount paid or allowed to a student at an educational institution for the purpose of
is generally an amount paid or allowed to an individual for the purpose of study or research.
: direct costs for stipends, subsistence allowance, travel allowances, or registration fees
funded conferences or training projects. A
through entity to a subrecipient for the
Subgrantee Name:
Subgrant Number:
Project Name:
A
B
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1)
2)
3)
4)
Contractual
List Subcontracts/Subawards Agency Name and Amount:
NAME
PRINTING
OTHER EXPENSES
TOTAL DIRECT EXPENDTIURES
NON PERSONAL SERVICES COSTS DISALLOWED FROM 10%
DE MINIMIS RATE INDIRECT BASE EXPENDITURES
Space/Rental Costs
Calculation of disallowed "Contractual" cost over $25,000 per subcontract/subaward.
SUPPLIES
Criminal Justice Coordinating Council
INDIRECT COST: 10% DE MINIMIS RATE CALCULATION
DIRECT EXPENDITURES FOR MODIFIED TOTAL DIRECT COSTS (MTDC) CALCULATION
SALARIES AND WAGES
FRINGE BENEFITS
TRAVEL
EQUIPMENT
5)
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(Enter amount for indirect calculation on budget):
10% De Minimis Rate - up to 10%:
(Enter amount for indirect calculation on budget):
INDIRECT COST: (enter amount on budget)
*Complete the shaded sections. The spreadsheet will calcluate the Indirect Cost to be entered on the Budget in the Operating Cost Section.
**Submit the completed "Indirect Cost: De Minimis Rate Calculation" form with your contract.
***By submission of this form the grant applicant certifies that it has never received a federally-negotiated, indirect cost rate for any federal awards,
and the grant applicant, if awarded, shall apply this rate to all of its federal grants, until such time as the agency chooses to negotiate for a rate.
Tuition Remission
Capital Expenditures
Charges For Patient Care
Scholarships and Fellowships
Participant Support
BUDGETED AMOUNT
$0
$0
$0
$0
$0
$0
$0
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CALCULATED DISALLOWED
COST FOR INDIRECT
CALCULATION
$0
TOTAL AMOUNT
$0
$0
$0
$0
CALCULATED DISALLOWED
COST FOR INDIRECT
CALCULATION
Contractual
List Subcontracts/Subawards Agency Name and Amount:
PRINTING
OTHER EXPENSES
TOTAL DIRECT EXPENDTIURES
NON PERSONAL SERVICES COSTS DISALLOWED FROM 10%
DE MINIMIS RATE INDIRECT BASE EXPENDITURES
Calculation of disallowed "Contractual" cost over $25,000 per subcontract/subaward.
SUPPLIES
Criminal Justice Coordinating Council
INDIRECT COST: 10% DE MINIMIS RATE CALCULATION
DIRECT EXPENDITURES FOR MODIFIED TOTAL DIRECT COSTS (MTDC) CALCULATION
SALARIES AND WAGES
FRINGE BENEFITS
TRAVEL
EQUIPMENT
$0
$0
$0
$0
$0
$0
$0
$0
10%
$0
MTDC BASE EXPENDITURES (A-I)
(Enter amount for indirect calculation on budget):
10% De Minimis Rate - up to 10%:
(Enter amount for indirect calculation on budget):
INDIRECT COST: (enter amount on budget)
*Complete the shaded sections. The spreadsheet will calcluate the Indirect Cost to be entered on the Budget in the Operating Cost Section.
**Submit the completed "Indirect Cost: De Minimis Rate Calculation" form with your contract.
***By submission of this form the grant applicant certifies that it has never received a federally-negotiated, indirect cost rate for any federal awards,
and the grant applicant, if awarded, shall apply this rate to all of its federal grants, until such time as the agency chooses to negotiate for a rate.
Commission Meeting Agenda
11/15/2022 2:00 PM
Additional Funding for Advance Voting
Department:Board of Elections
Department:Board of Elections
Caption:Motion to approve additional funding to open Advance Voting sites early.
(Approved by Finance Committee November 8, 2022)
Background:The Board of Elections voted to open 2 additional sites for Advance
Voting prior to the scheduled opening date.
Analysis:The additional three days were not originally budgeted. Each site requires
hiring and training poll workers. Setting up voting equipment and printing
extra materials and applications.
Financial Impact:
Alternatives:
Recommendation:Approve additional funding to open more early voting locations
Funds are Available in
the Following
Accounts:
In anticipation of additional costs related to the election cycle, funds are
reserved in the Contingency account for this purpose consistant with past
practice. Approval would move $30,000 to the Board of Election budget
for election expenses.
REVIEWED AND APPROVED BY:
Cover Memo
November 8, 2022
Budget Request
ITEM TOTAL COST
Advance Voting
101-01-4111-52.39112
$26,100.00
Truck Rental
101-01-4111-52.24219
$300.00
Miscellaneous Supplies
101-01-4111-53.11110
$100.00
Print Shop Charges
101-01-4110-55.31111
$200.00
Overtime
101-01-4110-51.13110
$2,000.00
TOTAL ESTIMATED COST $28,700.0
0
Commission Meeting Agenda
11/15/2022 2:00 PM
Discuss Fund Balance Policy
Department:Mayor's Office
Department:Mayor's Office
Caption:Motion to approve drafting a resolution in support of a Fund Balance
Policy. (Approved by Finance Committee November 9, 2022)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Minutes Commission Regular and Special Called Mtgs.
Department:Office of the Clerk of Commisson
Department:Office of the Clerk of Commisson
Caption:Motion to approve minutes of the Regular Meeting held November 1,
2022 and the Special Called Meeting held November 8, 2022.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
commission Meeting Agenda commission chamber - lUrtz022
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Johnson, Garrett, Mason, Frantom, B. Williams, Scott,McKnight, D' Williams, Hasan and Clarke, members of Augusta Richmond County Commission.
INVOCATION:
Reverend Nic Filzen, Pastor unitarian Universalist church of Augusta.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
2022 October Years of Service (yOS) 25-50 year recipients
A. 2022 October Years of Service (yOS) 25-SO year recipients.
2022-0I-11 10-2022 I'OS For 25-50 yOS Recipients Memo.pdf
ItemAnprovalSheet. html
Motions
Motion Motion Textr ype
Presentations were made to the 2022 October years of
Service recipients.
min e limit
DELEGATIONS
B. Presentation of the City Arts Grant Awards.
JtemApprovalSheet.htm I
Motions
Y:it"' Morion Textr ype
Presentations were made for the City Arts Grant
Awards.
c. Mr. Moses Todd regarding support of 5th street Freedom Bridge.
Made Seconded MotionBy By Result
Item
Action:
None
Item
Action:
None
Made
By
Seconded
By
Motion
Result
SKM C65822102716160'ndf
ItemAPnrovalSheet.html
Motions
Motion TYPe Motion Text
Presentation was made bY Mr. Todd.
D. Ms. Theresa Pittman - Jefferson Davis Bridge & plaques'
SKI\{ C65822102711581.Pdf
ItemAPnrovalSheet.html
Motions
Motion Type Motion Text
Presentation was made by Mr. Davis.
F. Mr. Robert Green - Memorial Signs on 5th St bridge'
SKM C6582210271I582.Pdf
ItemArrProvalSheet.htnll
Motions
Motion TYPe Motion Text
Presentation was made by Mr. Green.
G. Mr. Paul Stampley- monument/National Heritage Act'
SKM C6582210271 1583.Pdf
ItemAPnrovalSheet.html
Motions
Made By seconded By fJjil
Made By seconded By f;tiil
Made By seconded By HiiJ
'ltem
Action:
None
Item
Action:
None
SKI\{-C65822 I 02 7 I 1 5 80. P d f
ItemAPnrovalShect.html
Motions
Motion Type Motion Text Made By Seconded Bv Htil
Presentation was made by Ms. Pittman.
E. Mr. Jim Davis regarding the Jefferson Davis Memorial Bridge plaque removal. Item
Action:
None
Item
Action:
None
Item
Action:
None
Motion Type Motion Text
Presentation was made by Mr. Stampley.
H' Mr' Carl Mixon- monument/Memorial Heritage Act. defense of Jefferson Davis plaque on newpedestrian bridge (old 5th street Bridge) and to insure law not violated.
Made By seconded By f;Xil
SKM C65822102716370.ndf
ItemAnprova lSheet. html
Motions
Motion Type Motion Text
Presentation was made by Mr.Mixon.
I. Mr. Martin O'Toole- Jefferson Davis Bridge memorial plaque.
SKN4 C65822l 02716321.pdf
ItemApnrova lSheet.htm I
Motions
Motion Type Motion Text
Made By Seconded By
Made By Seconded By
Seconded By
Commissioner Bobby
Williams
Motion
Result
Motion
Result
Passes
Item
Action:
None
Item
Action:
None
Item
Action:
Approved
Item
Action:
Approved
Motion
Result
Presentation was made by Mr. O'Toole.
CONSENT AGENDA
(Items l-23)
PUBLIC SERVICES
1. Motion to approve the acceptance of the National Fitness Campaign's 2022 Healthy City Grant.(Approved by Public Services Committee October 25,2OZ2)
PR000377.ndf
Aueusta GA NOA GPR 2022 Award Letter.ndf
2022-0 I -1 I Outdoor_Fitness_Cou rt at Dvess_pa rk.ndf
ItemApnrovalSheet.html
Motions
[]j:' Motion Text Made Byrype
a -.^_^__- Motion to approve. Commissioner JordanApprove Motion passes 10-0. Johnson
2. Motion to approve the 2023 Cooperative Agreement with CSRA Regional Commission for SeniorNutrition Services for Augusta, Georgia.(Approved by Pubtic Services Committee October 25,2022)
csIL{ Resional commission - FY 2023 CooDerative Asreement - section I'Ddf
CSIL{ Reeional Commission - FY 2023 Cooperative Asreement ' Section II.Ddf
csllA Resional commission-- FY 2023 Business Associate-Aereement.Ddf
ItemAnnrovalSheet.html
Motions
Solron Motion Text Made Bv seconded Bv fffilrype
. Motion to approve. commissioner Jordan commissioner Bobby passesApprove Motion pasiis l0-0. Johnson Williams
3. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Item
Transportation (GDOT) and Augusta, Georgia for July 1,2023, to June 30,z}z4.(Approved by Public Action:
Services Committee October Zi,ZOZZI Approved
PR000387.pdf
Itenr AprrrovalSheet.htm I
Motions
Y:j*i' Motion rext Made By seconded Bv fJjil'lYpe
^ .-,-___- Motion to approve. Commissioner Jordan Commissioner Bobby passesApprove Motion Pasies 10-0. Johnson Williams
4. Motion to approve an Airport Communications & Customer Service budget amendment in the amount of Item
$60,840.001o tri." six Passenger Assistance Liaisons (PALs). Approved by the Augusta Aviation Action:
Commission on September 28, 2}Z}.(Approved by Public Services Committee October 25'2022) Approved
ItemApprovalSheet.htm I
Motions
Y:jt1" Motion Text Made By seconded By fJjir''l'ype
. Motion to approve. Commissioner Jordan Commissioner Bobby passesApprove Motion Pasies l0-0. Johnson williams
5. Motion to accept grant award from Georgia Association of Metropolitan Planning Organizations Item
(GAMpO) for the Rigional Freight Plan Update. (Approved by Public Services Committee October Action:
25,2022) - APProved
ARTS FreiehtStudv 0019245.ndf
FINAL-FY 2023 UPwP-06092022.Pdf
2022 ARTS Reeional-Freieht Plan llndate Pl-Annlication.Ddf
PR000382.odf
I temAnnrovalSheet.html
Motions
Motion Motion Text
Type
Made By Seconded By
Commissioner Bobby
Williams
Motion
Result
Passes
a .^_ -^_-- Motion to approve. Commissioner JordanApprove Motion passes l0-0. Johnson
6. Motion to approve allowing the Planning & Development Department to look at similar ordinances incities such as Savannah, Atlanta and Columbia, SC in order to formulate an ordinance and also anyordinances that pertain to adult entertainment and come back with a report at the December 6
Commission meeting.(Approved by Public Services Committee October 25,1022)
Item
Action:
Approved
ItemApnrovalSh eet. htm I
Motions
X:::' Motion rext Made Byr ype
a _----^-- Motion to approve. Commissioner JordanApprove Motion Passes 10-0. Johnson
Seconded By
Commissioner Bobby
Williams
Motion
Result
Passes
7. Motion to approve the location for the Gaterryay Sculpture at Sand Bar Ferry Road.(Approved by Public
Services Committee October 25, 2022)
Sand Bar Ferrv Rd_- Gateu'av Sculnture location.ndf
ItemApnrovalSheet.html
Item
Action:
Approved
Motions
Motion Motion Textrype
a __-__,_ Motion to approve.APProve Motion Passes lo-0.
Made By
Commissioner Jordan
Johnson
Commissioner Bobby passesWilliams
Seconded By Motion
Result
8. Motion to approve the purchase of Microtransit/Dynamic-Responsive Software as a Service (SaaS)
scheduling system for Augusta Transit (AT).(Approved by Public Services Committee October 25,
2022)
Item
Action:
Approved
RFP 21-245 AD\/ to rraper.docx
21-245 OFFICIAL TAB.xls
2l -245 Cumulative Eval sheet Phase Il-ndf
2l-245 Department Recommendation of_Award.ndf
FYI Process Resuardins RFP undated 5-3-2l.docx
2l-2.15 Plan Holders.ndf
ItemAnnrovalSheet.h tml
Motions
X:t:" Motion Text Made Byrype
a _.-_.-_. Motion to approve. Commissioner JordanADDTOVCrr-- - Motion Passes 10-0. Johnson
Seconded By
Commissioner Bobby
Williams
Motion
Result
Passes
9. Motion to accept a grant from the Georgia Recreation and Park Association for the execution of the 'Item
"Coaching noys into trrten" program. (Approved by Administrative Services Committee October 25, . Action:
2022) APProved
srpa-dnh nartnershin flver.Pdf
22 Augusta--Bovs-To l\4en Comoletion-Award-Letter'pdf
PR000372.pdf
ItemApprovalSheet.html
Motions
Made By Motion
Result
Passes
10. Motion to allow Planning & Development to work with Legal and the Administrator to review all ltem
ordinances pertinent to Code Enforcement and nuisance and bring recommendations back to the Action:
Commissior; to hur. a workshop with the Commission to discuss the ordinance and any possible Approved
changes and to ascertain the Commission's priorities; to work with Human Resources regarding the
renaming of the division to Code Compliance with a community engagement series to be held in 2023;
and to request financial support in the amount of $50,000 for the year 2023 for the pilot program to assist
residential property owners. (Approved by Public Services Department October 25,2022)
Code Enforcement l-pager.pdf
2022-01-1I Code Enforcement--Commission Presentation.optx
ItemAporovalSheet.html
Motions
Made By Motion
Result
Passes
11. Motion to approve an Ordinance amendment to adopt Georgia State minimum Standard Codes for Item
Tiny Houses; amending Ordinance No. 7840. (Approved by Administrative Services Committee Action:
Ociober 25,2022) APProved
Annendix O Draft Ordinance.docx
tinv house anpendix.ndf
)$7't-',<-
ro o-nT-zrao ro_prrurnr rHr coNsrRtrcrroN_l,No occtipattoN-op rtNy uortSr vlllaGES.ndf
I temAp prova I Sh eet. h tm I
Motions
Made By Motion
Result
Passes
f#:"' Motion rext
. Motion to approve. Commissioner JordanApprove Motion passis l0-0. Johnson
Seconded By
Commissioner Bobby
Williams
Seconded By
Commissioner Bobby
Williams
Seconded By
Commissioner Bobby
Williams
Motion Motion Textrype
^ Motion to approve. Commissioner JordanApprove Motion Passes 10-0. Johnson
Motion Motion Textrype
^ Motion to approve. Commissioner JordanApprove MotionPassis 10-0. Johnson
12. Motion to approve the following annual bid items due to annual purchases for this bid is estimated to
exceed $25,000.00. Annual Bid Item
23 -03 4 Inspection of Shop Equipment.
23-058 Erosion & Sedimentation Control.
23-103 Gates, Hoses & Fittings for Engineering and Environmental Services.
23-036 Batteries for Sheriffs Office.
23-Ol1 Chemicals - Utilities Department.
The recommendation of award is for one (l) year with the option to extend for one (l) additional year
upon mutual consent of both parties. (Approved by Administrative Services Committee October 25,
2022)
23-03{ Jnsnection of Shop_Equipnrent.pdf
23-058 Erosion - Sedimentarion Cnrrol.ndf
23-103 Gates Hoses Fittines.pdf
23-036 Batteries.ndf
23-01 I Chemicals.ndf
2023 Annual Bid Arrard Recommendation -_Request-#1.ndf
Item
Action:
Approved
ItenrApprovalSheet.html
Motions
Motion;----- Motion Textr ype
A --_^..^ Motion to approve. Commissioner JordanApprove Motion Passes l0-0. Johnson
Commissioner Bobbvwilliams ' Passes
13. Motion to approve Housing and Community Development Department's (HCD's) request to transfer Item
budget funds of $50,000 from object code 5111110 to object code 5239112 temporary workforce Action:
expenditures.(Approved by Administrative Services Committee October 2512022) Approved
Made By Seconded By
Seconded By
Motion
Result
Motion
Result
Cony of Salan' Savinss 2022.xlsx
ItemApnrovalSheet.htm I
Motions
X:t:" Motion Text Made Byrype
a __ -- __- Motion to approve. Commissioner JordanApprove Motion Passes 10-0. Johnson
Commissioner Bobbywilliams ' Passes
14. Motion to approve the execution of the attached MOU in the amount of $lM to the Augusta Georgia ItemLand Bank.(Approved by Administrative Services Committee October 25,2022') Action:
Approved
IVIOU ARP Land Bank.docx
2022-01-11 Blieht Fundine And Support.ndf
ItemApnrovalSheet.html
Motions
Motion Text Made By Seconded By
Motion
Type
Motion to approve.
Voting No: Commissioner John Clarke,
Approve CommissionerCatherineSmith-
McKnight.
Motion Passes 8-2.
ENGINEERING SERVICES
15. Motion to approve the naming of the 5th Street decommissioned bridge Freedom Bridge and removing Item
the name of Jefferson Davis on the bridge (Approved by the Engineering Services Committee Action:
October 26,2022) Rescheduled
Motion
Result
Commissioner Commissioner
Bobby williams Francine Scott Passes
16. Motion to approve of Emergency Purchase Order P437139 For Augusta Utilities for $37,000. Item
(Approved by Engineering Services Committee October 25,2022) Action:
Approved
ItemApnrova lS heet.htm I
Motions
Motion Motion Text'l'ype
Motion to defer taking any action on this item
until the attomey comes back to the next
Defer Commission meeting after further researching
the matter.
Motion Passes l0-0.
Made By Seconded By
Commissioner Commissioner
Ben Hasan Francine Scott
Seconded By
Motion
Result
Passes
Motion
Result
Motion
Result
Passes
Emersencv (003).pdf
P437139.pdf
ItemApprovalSheet.html
Motions
Motion Motion Textrype Made By
^ Motion to approve. Commissioner JordanApprove MotionPasses l0-0. Johnson
Commissioner Bobby passes
Williams
17. Motion to approve and authorize Augusta Mayor to execute Georgia Department of Human Services, Item
Division of Family and Children Services Agreement to participate in the Low-Income Household Water Action:
Assistance Program (LIHWAP). Requested by DHS-DFCS, CSRA EOA, and Augusta Utilities Approved
Department (AUD). (Approved by Engineering Services Committee October 25,2022)
FY22 LIHEAP Home Water Supplier Aereement final 9-15-2l.ndf
ItemApprovalSheet.html
Motions
Motion Motion Textrype
Approve
Made By Seconded By
18. Motion to approve one-year, no-cost time extension to Augusta / GA-EPD I Brier Creek Soil & Water Item
District Seed Grant.(Approved by Engineering Services Committee October 25,2022) Action:
Approved
SFY21 - OFFER Contract SFY202I SEED Amend I Aueusta 761-210006 for AuqustaJiiqnature.ndf
Motion to approve. Commissioner Jordan
Motion Passes 10-0. Johnson
Commissioner Bobby
Williams
Seconded By
Seconded By
A --*^,.^ Motion to approve. Commissioner JordanApprove Motion Passes l0-0. Johnson
Commissioner Bobb
williams
y Passes
19. Motion to approve the deed of dedication, maintenance agreement, and road resolution submitted by the Item
Engineering Department for Haynes Station Section 5. Also, approve Augusta Utilities Department Action:
easement deed and maintenance agreement. Requested by Engineering.(Approved by Engineering Approved
Services Committee October 25, 2022)
ItemApnrovalSheet.html
Motions
Motion;----- Motion Textr ype
Motions
it;J:"' Motion rext
Made By
Made By
Motion
Result
Motion
Result
Havnes Station Section 5 - Final lnspection l\{emo.doc
Havnes Station_Section 5_Dedication_l\{emo_- Larv Dent - Copv.docx
Resolution for Havnes Station. Sect. S.doc
ItemA n p rovalS h eet. htm l
A ---^,.^ Motion to approve. Commissioner JordanApprove MotionPasses l0-0. Johnson
Commissioner Bobby passesWilliams
20. Motion to approve proposal from HDR Engineering, Inc. (HDR) to provide additional services review
and implementation plan for the EPA's recent revisions to the Lead and Copper Rule. CH2M HILL
16.00 (Approved by Engineering Services Committee October 25,,2022)
Item
Action:
Approved
AUD HDR Scone Chanee Authorization LCRR Comoliance Revierv and Implementation Plan 07062022.ndf
IIDR ENGINEERING-201.iTI820 CO#2.pdf
ItemApprovalSheet.html
Motions
Motion Motion Textr ype Made By Seconded By Motion
Result
a --_---__-- Motion to approve. Commissioner JordanApprove Motion Passes l0-0. Johnson
Commissioner Bobby passesWilliams
21. Motion to approve proposal from HDR Engineering, Inc. (HDR) to provide additional services for awater system study of Fort Gordon's West District for the Utilities Department. CO #3
20UTI820 (Approved by Engineering Services Committee October 25,2022)
Item
Action:
Approved
ALID Fort Gordon West District Studv - HDR Scope Chanee final 6.4.2022.ndf
AUD Fort Gordon West District Studv - ManF.odf
HDR ENGINEERING-20UTI820-CO 3.ndf
HDR Ensineerine-20tlTl820.pdf
ItemApprovalSheet.html
Motions
Y:jtill Motion Text Made Byrype
^ Motion to approve. Commissioner JordanApprove Motion Passes 10-0. Johnson
Seconded By
Commissioner Bobby
Williams
Motion
Result
Passes
22. Motion to receive as Information. Approve State Highway System Revisions in Augusta-Richmond
County: State Route 415 Access Road (County Road 1913 and l9l2). Requested by
Engineering. (Approved by Engineering Services Committee October 25,2022\
GDOT WS Access State Hwy Svstem Revision Julv 2022.ndf
Countv Roads l9I2 19l3-Map.ndf
ItemApnrovalSheet.html
Item
Action:
Approved
Motions
Motion
Type
Approve
Motion Text Made By
Motion to approve. Commissioner Jordan
Motion Passes l0-0. Johnson
Seconded By
Commissioner Bobby
Williams
held October 18, 2022 and the
Seconded By
Commissioner Bobby
Williams
Motion
Result
Passes
Special Called Item
Action:
Approved
Motion
Result
Passes
23. Motion to approve minutes of the Regular Meeting
Meeting held October 25,2022.
Regular Cornmission Meeting Oct
Called Commission l\Ieetins October 25 2022.pdf
ItemApprovalSheet.html
Motions
Y:li"" Motion Text Made Byrype
^ Motion to approve. Commissioner JordanApprove Motion Passes l0-0. Johnson
****END CONSENT AGENDA* *r(r<
AUGUSTA COMI\{ISSION
tuU2022
AUGUSTA COMMISSION
REGULAR AGENDA
rLfit2022
(Items 24-27)
PUBLIC SERVICES
24. New Location: A.N.22-76: A request by Shaun M. O'Keefe for a retail package Beer & Wine Item
License to be used in connection with ALDI, Inc located at 3121Peach Orchard Rd. District 5. Super Action:
District 9. (Requested by Commissioner Ben Hasan) Approved
AN-22-76.pdf
ltemApnrovalSheet.htm I
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve M:li:: i"rllJ.:i[;. commisioner Sean Frantom commissioner Ben Hasan passes
25. Discuss the EMS service. (Requested by Commissioner Ben Hasan) Item
Action:
Disapproved
SKM C6582210271 6322.rrdf
ItemA pnrovalSheet.html
Motions
Motion Motion Text Made By seconded By H:tji,"rype
Motion to approve the following items regarding
the Gold Cross contract: remove the QRV for
Gold Cross, set the term of the contract for three
years with two one-year renewal terms approved
by the Commission, remove the six months for
Gold Cross to come into compliance for
ambulances or QRV's with compliance to be from
the first day of the contract, remove the provision
^,---,,-- for Gold Cioss to subcontract any part of this Commissioner CommissionerADDrove o^+ ^,,+ ^"., r* -i^-",,;";;.;'^: ^ *-^^-;;;. ;^-;::::"-' Bobby Fails"rr--'- contract out, pay for the subsidy on a monthly Ben Hasan
basis starting the contract on January 1,2023 and Williams
provide a subsidy of $1,000,000 to Gold Cross.
Ms. McKnight abstains.
Voting No: Commissioner John Clarke,
Commisioner Sean Frantom, Commissioner
Brandon Garrett, Commissioner Alvin Mason,
Commissioner Dennis Williams.
Motion Fails 4-5 -1.
ADDENDUM
26. Discuss Augusta Public Transit Department's transportation needs. (Requested by Mayor pro Tem
Bobby Williams)
{tem
Action:
Approveil
Transit Bus Acquisition.pdf
ItemAoprovalSheet.html
Motions
Motion Made Seconded MotionT"""- Motion TextType - -Jlrvu rva] By By Result
It was the consensus of the Commission that this item be
added to the agenda without objection.
Motions
Motion
-^-"^-- Motion Text Made By Seconded By f;Xii'r'ype
Motion to approve the purchase of 3 buses from
Hillsborough Transit Authority, not to exceed
Approve f"tL,1.kiiffiT;tt:l',ffiilJ-'#;"" S::sl:::,.' ?^".r:'::l^x passes
County) Transit to utilize 3 buses from their IJen Hasan Joroan ronnson
spare fleet for 12 months.
Motion Passes 10-0.
27. Motion to approve the use of $300,000 from ARP balance for flock security camera enhancements. Item
(Requested by Mayor Hardie Davis, Jr.) Action:
Approved
ItemArrnrovalSheet.html
Motions
Motion Motion Text Made Seconded Motion
Type By By Result
It was the consensus of the Commission that this item be
added to the agenda without objection.
Motions
Motion-^-"-- Motion rext Made By seconded By f;iii'r'ype
Motion to approve.
Voting No: Commisioner Commissioner r\.
Approve Sean Frantom, Commissioner Catherine Smith- ;:fH::';"* Passes
Brandon Garrett. McKnight
Motion Passes 8-2.
Motions
Motion:-"-- Motion rext Made By Seconded Bv fJjii't'ype
Defer Substitute motion to refer this back to the Commissioner Commissioner Fails
Public Safety Committee next week to Brandon Garrett Alvin Mason
determine how the plan will be implemented.
Voting No: Commissioner John Clarke,
Commissioner Ben Hasan, Commissioner
Jordan Johnson, Commissioner Francine Scott,
Commissioner Catherine Smith-McKnight,
Commissioner Bobby Williams, Commissioner
Dennis Williams.
Motion Fails 3-7.
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
28. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's
Open Meeting Act.
Upcoming Meetings
Item
Action:
None
w\ ,lv.augustaga.gov
Commission Meeting Agenda
11/15/2022 2:00 PM
Greater Augusta Arts Council
Department:Greater Augusta Arts Council
Department:Greater Augusta Arts Council
Caption:Greater Augusta Arts Council regarding a review and decision relative to
the unpurchased sculptures from the current Augusta Sculpture Trail to
purchase for the City of Augusta. (No recommendation from the Public
Services Committee November 8, 2022)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
5th Street decommission bridge
Department:Augusta Commission
Department:Augusta Commission
Caption:Motion to approve the naming of the 5th Street decommissioned bridge
Freedom Bridge and removing the name of Jefferson Davis on the bridge
(Approved by the Engineering Services Committee October 26, 2022
and deferred from the November 1, 2022 Commission Meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
11/15/2022 2:00 PM
Approve Fiscal Year 2023 Budget
Department:Administrator
Department:Administrator
Caption:Resolution to approve FY 2023 budget for Augusta Georgia
Background:Local Ordinance requires the budget for the upcoming year to be adopted
at the second commission meeting in November.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
AUGUSTA, GEORGIA BUDGET
RESOLUTION FOR FISCAL YEAR 2023
A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2023 FOR EACH FUND
OF AUGUSTA, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS
EXPENDITURES, AND ADOPTING THE ITEMS OF ANTICIPATED FUNDING SOURCES
FOR 2023.
WHEREAS, A proposed Budget for each of the various Funds of Augusta, Georgia has been
presented to the Augusta, Georgia Commission and,
WHEREAS, appropriate advertised public hearings have been held on the 2023 Proposed
Budget as required by State and Local Laws and Regulations; and,
WHEREAS, the Augusta, Georgia Commission has reviewed the Proposed Budget and has made certain
amendments to Funding Sources and Appropriations; and,
WHEREAS, the budget for each Fund includes Appropriations for Fiscal Year 2023 incorporates
certain levels, assessments, fees and charges to finance these expenditures and lists the
Anticipated Funding Sources; and,
WHEREAS, each of the Funds has a balanced budget, such that Anticipated Funding Sources
equal Proposed Expenditures;
NOW, THEREFORE, BE IT RESOLVED that this Budget is hereby adopted specifying the
Anticipated Funding Sources for each Fund and making Appropriations for Proposed
expenditures to the Departments or Organizational Units named in each Fund as is
more specifically shown and designated on Attachment "A" which is incorporated herein by
reference and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Budget shall be amended so as to adapt to changing
governmental needs during the fiscal year as follows, such amendments shall be reorganized as
approved changes to this resolution in accordance with O.C.G.A. § 36-81-3(d):
(1) Nothing contained in this Code section shall preclude a local government from amending
its budget so as to adapt to changing governmental needs during the budget period.
Amendments shall be made as follows, unless otherwise provided by charter or local law:
(2) Any increase in Appropriations at the legal level of control of the local government,
whether accomplished through a change in anticipated revenues in any fund or through a
transfer of appropriations among departments, shall require the approval of the governing
authority. Such amendments shall be adopted by ordinance or resolution.
Adopted this day of , 2022
Hardie Davis Jr.
As its Mayor
Attest:
Lena J. Bonner, Clerk of Commission
Seal:
Commission Meeting Agenda
11/15/2022 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