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Home My WebLink About2019-07-09 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 7/9/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Sias, Chairman; Clarke, Vice Chairman; Davis and B. Williams, members. ADMINISTRATIVE SERVICES 1. Approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00. The Augusta Aviation Commission approved this request on May 2, 2019.. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 2. Request the replacement of one Ford F250 Utility Body truck for Recreation Trees and Landscape Division for $34,400 using capital outlay. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 3. The Tax Commissioner’s Office requests the purchase of one silver XLT 4WD Ford Explorer via bid #19-215 in the amount of $34,712.00 - Allan Vigil Ford. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 4. Request to replace one Ford F250 Utility Body truck for Utilities Facilities Maintenance Division at a cost of $38,760 using the GMA lease program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 5. Augusta University small and minority business opportunities. (Requested by Commissioner Marion Williams) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Mary Davis Commissioner Bobby Williams Passes 6. Award the contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. Bid Item 19-181 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 7. Motion to approve the By-laws revision request of the HCD Citizen Advisory Committee (CAC). Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 4-0. Commissioner Bobby Williams Commissioner John Clarke Passes 8. Motion to approve Housing and Community Development Department’s (HCD’s) request to provide funding to Sand Hills Urban Development for the development of three (3) single family affordable housing units for low to moderate income families. Item Action: Approved Motions Motion Type Motion Text Made By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 9. Motion to approve the minutes of the Administrative Services Committee held on June 11, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 10. Receive update from Law Department and Clerk of Commission regarding status of MUNICODE implementation for City of Augusta as approved by the Commission on October 3, 2017. (Requested by Mayor Hardie Davis, Jr. - referred from June 11 Administrative Services Committee) Item Action: Approved Motions Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 11. Update from staff regarding the Depot Project. (Commissioner Ben Hasan) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 4-0. Commissioner Mary Davis Commissioner John Clarke Passes 12. Discuss with Central Services types of air fresheners and scents placed in government buildings. (Requested by Commissioner John Clarke) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve tasking the Administrator with contacting the Wellness Center to gather information regarding the use of air fresheners in government buildings and their affect on the public and report back to the committee. Motion Passes 4-0. Commissioner John Clarke Commissioner Bobby Williams Passes www.augustaga.gov Administrative Services Committee Meeting 7/9/2019 1:15 PM Attendance 7/9/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: BID 19-171 Year 2020 2020 Brand Ford Ford Model Explorer PI Explorer PI Delivery Date 10-18WEEKS 180-240 DAYS 5.03 Marshal Package $ 38,369.00 $ 37,569.00 6.03 VSO exterior paint colors each $ 950.00 $ 950.00 TOTAL FOR OPTIONS AND BASE PRICE 39,319.00$ 38,519.00$ FOR ALL DEPARTMENTS- 2019/2020 Pursuit Utility Vehicles-BIDS OPENED 3/5/19 @ 11:00 Wade FordAllan Vigil Ford Invitation to Bid Sealed bids will be received at this office until Tuesday, March 5, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-170 2019 Police SUV Vehicle - Special Services Model Bid Item #19-171 2019/2020 Pursuit Utility Vehicle - Police Model Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, February 15, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 24, 31, February 7, 14, 2019 Metro Courier January 24, 2019 OFFICIAL VENDORS ALLEN VIGIL FORD 6790 MOUNT ZION BLVD MORROW, GA 30260 WADE FORD INC 3860 SOUTH COBB DR SMYRNA, GA 30080 Attachment B Yes Yes E-Verify Number 94460 314470 SAVE Form Yes Yes 5.01 Administrative Package-Police Model Pursuit Utility Standard Equipment $35,233.00 $34,343.00 5.02 Civil Package Police Model Pursuit Utility Standard Equipment $36,670.00 $35,878.00 5.03 Marshal Package Police Model Pursuit Utility Standard Equipment $38,369.00 $37,569.00 5.04 Patrol Package Police Model Pursuit Utility Standard Equipment $41,431.00 $40,449.00 5.05 Traffic Package Police Model Pursuit Utility Standard Equipment $41,791.00 $40,867.00 6.01 3.0L V6 EcoBoost Engine $753.00 $751.00 6.02 Interior Upgrade $377.00 $371.00 6.03 VSO exterior paint colors each $0 / Standard Color $950.00 Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 VEHICLE/OPTIONS REQUIRED 6.00 OPTIONAL ITEMS Bid Opening Item #19-171 - 2019/2020 Pursuit Utility Vehicle for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, March 5, 2019 @ 11:00 a.m. Page 1 of 2 OFFICIAL VENDORS ALLEN VIGIL FORD 6790 MOUNT ZION BLVD MORROW, GA 30260 WADE FORD INC 3860 SOUTH COBB DR SMYRNA, GA 30080 Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #19-171 - 2019/2020 Pursuit Utility Vehicle for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, March 5, 2019 @ 11:00 a.m. 6.04 2nd Row Cloth Seats $60.00 $119.00 6.05 Dual AC with Front Controls $583.00 $579.00 6.06 Painted Aluminum Wheels $459.00 $451.00 6.07 SYNC Hands Free System Available Only w/interior upgrade package-65U Included 6.08 Keyless Remote (1extra)$335.00 N/C 6.09 Reverse Sensing $271.00 $261.00 6.10 Blind Spot Monitoring $527.00 $517.00 6.11 Engine Idle Feature $255.00 $248.00 Year 2020 2020 Make Ford Ford Model Police Interceptor Utility / SUV AWD K8A Delivery 10-18 Weeks ARO 180-240 ARO 2019/2020 DODGE PURSUIT UTILITY VEHICLE, POLICE MODEL Page 2 of 2 Administrative Services Committee Meeting 7/9/2019 1:15 PM 2019 - Airport Marshal's Vehicle Department:Central Services Department - Fleet Management Division Presenter:Ron CRowden Caption:Approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00. The Augusta Aviation Commission approved this request on May 2, 2019.. Background:The Augusta Regional Airport is requesting the acquisition of one 2019 Ford Pursuit Utility Explorer for use by the Airport Marshal to accommodate the many operations activities encountered on a daily basis on and around the airfield. The SUV will replace a 2007 Ford Crown Victoria. The Augusta Regional Airport Commission has approved this purchase per the attached memorandum Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for 2019 Pursuit Utility Vehicles with the following results. Bid 19-171 – 2019 Pursuit Utility Vehicle (Ford Explorer): Civil Package: Wade Ford = $38,519; Allan Vigil Ford = $39,319 Financial Impact:1- Ford Pursuit Utility Explorer @ $38,519.00. (ACT #: 551-08- 1108/61-11631) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00 Funds are Available in the Following Accounts: Approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00, the Augusta Aviation Commission approved this request on May 2, 2019. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-203 Year 2019 Brand Ford Model F250 Delivery Date 90-120 5.01 2019/2020 Full Size Chassis $ 21,495.00 5.06 Super Cab Option $ 3,790.00 5.09 Heavy Duty Tow Package STD 5.15 Power Locks, Windows and Mirrors $ 1,050.00 5.17 Trailer Tow Mirrors, manual adjust NO COST 5.30 Delivery Fee $ 150.00 5.31 1 Extra set of keys $ 225.00 6.01 Steel Service Body - Knapheide 696 $ 6,200.00 6.02 Bed Liner $ 450.00 6.12 Trailer hitch $ 65.00 6.13 Trailer Wiring STD 6.14 Trailer Ball N/A 7.04 Window Tint - Ext Cab $ 150.00 7.06 County Emergency Package $ 825.00 TOTAL FOR OPTIONS AND BASE PRICE 34,400.00$ 2018/2019 Ford F250 9800GVWR V8, Long Bed, 4X2, Reg Cab Equipment included in base price: 6.2L V8 Gasoline/E85 Engine 6 Speed Automatic Transmission A/C AM-FM Radio Power Steering Pwer ABS Brakes Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare Tire Rear Step Bumper Solar Tinted Glass Trailer Wiring Harness Receiver Hitch (12.k) Tilt Steering Wheel Rear View Camera Electric Shift (4X4 Only) 5.01 FOR ALL DEPARTMENTS- 2019/2020 Pickup Truck 9500 GVWR SERVICE BODY-BIDS OPENED 4/23/19 @ 11:00 Allan Vigil Ford Allan Vigil Ford Governement Sales 6790 Mt. Zion Blvd Morrow, GA 30260 Invitation to Bid Sealed bids will be received at this office until Tuesday, April 23, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-203 2019/2020 Truck 9500 GVW Service Body Bid Item #19-211 2019/2020 Tractor Loader Subcompact Bid Item #19-215 2020 Midsize SUV Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 5, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 14, 21, 28, April 4, 2019 Metro Courier March 14, 2019 OFFICIAL VENDORS NICHOLS FLEET EQUIPMENT 2401 EAST 31ST STREET CHATTANOOGA, TN. 37407 ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Attachment B No Bid Yes E-Verify Number 94460 SAVE Form Yes 5.01 2019/2020 Full Size Chassis $21,495.00 5.02 Diesel engine, minmum 6.7 Liter $8,359.00 5.03 4 x 4 Option $4,175.00 5.04 6.7L Diesel Engine $8,359.00 5.05 Crew Cab Option $4,010.00 5.06 Super Cab Option $3,790.00 5.07 Cruise Control $225.00 5.08 Roof Clearance Lights $89.00 5.09 Heavy duty tow package Standard 5.10 Electric brake controller – installed in full compliance with section 8.00 as listed below $255.00 5.11 Daytime Running Lights $42.00 5.12 Reverse Aid Sensor $235.00 5.13 Back up camera $378.00 5.14 Rear Window Defrost $65.00 5.15 Power Locks, Windows and Mirrors $1,050.00 5.16 Dual Alternators $331.00 5.17 Trailer tow mirrors, manual adjust No charge 5.18 Trailer tow mirrors, manual w/power heated glass No charge 5.19 Front Tow Rings on bumper (2 EA)No charge 5.20 Black platform running boards $355.00 5.21 Skid plate package (4x4 only)$95.00 5.22 Infotainment Blue Tooth Sync System $525.00 5.23 Upfitter switches -minimum 4 located on instrument panel $160.00 5.24 Exterior Color Not Included in Base Price Color: N/A 5.25 Exterior Color Not Included in Base Price Color: N/A 5.26 Exterior Color Not Included in Base Price Color: N/A 5.27 Interior Color Not Included in Base Price Color: N/A 5.28 Interior Color Not Included in Base Price Color N/A 5.29 Interior Color Not Included in Base Price Color N/A 5.30 Delivery Fee ( per Vehicle)$150.00 Bid Opening Item #19-203 2019/2020 Truck 9500 GVW Service Body for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 53 Georgia Procurement Registry: 6 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 5.00 Vehicle/Chassis Options Required Page 1 of 3 OFFICIAL VENDORS NICHOLS FLEET EQUIPMENT 2401 EAST 31ST STREET CHATTANOOGA, TN. 37407 ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Bid Opening Item #19-203 2019/2020 Truck 9500 GVW Service Body for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 53 Georgia Procurement Registry: 6 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 5.31 1 Extra Set of Keys with remote (3-Total)$225.00 5.32 Heavy Duty Floor Mats Front (1 Set)$75.00 5.33 Heavy Duty Floor Mats Back (1 Set) $75.00 6.01 Steel Service Body Type: Should be a “Knapheide Service Body Style Model 696 or Equivalent $6,200.00 6.02 Bed liner – Rhino Linings, or approved equal $450.00 6.03 Service body bumper galvanized steel grip tread plate, ball hitch recess type, license plate light, bumper brackets welded to frame $975.00 6.04 Spotlight – Unity 325 or equal, driver side, 6 inch halogen bulb, with all necessary wiring and in full compliance with Section 8.00 as listed below $525.00 6.05 Rear Cable Steps (2 EA)$575.00 6.06 Rear Grab Handles (2 EA)$65.00 6.07 Modular Cab Guard for Rear Window $525.00 6.08 Flip Top Compartments (2 EA) Included 6.09 Pipe vise – Rigid model 40195 or equal, attached to street side of service body bumper $100.00 6.10 Recessed Cargo Tie Downs inside bed (6 EA)$375.00 6.11 Master Locking System for Tool Compartments $510.00 6.12 Trailer hitch – Class IV connection, consisting of: 1 each frame-mounted Class IV hitch, 1 each receiver bar with 2 inch ball and pin $65.00 6.13 Trailer wiring – trailer wiring harness with 7-flat pin plug(RV type) attached to rear step bumper, with all necessary wiring and in full compliance with Section 8.00 as listed below Included 6.14 Trailer ball – 2 inch hitch ball attached to rear step bumper N/A 6.15 Extra User’s Manual (2 Total)N/A 6.16 Parts Manual (If Available)N/A 6.17 Maintenance Manual (If Available) $275.00 7.01 Fire extinguisher – DOT approved, 5 pound (ABC type) $65.00 7.02 Outlet receptacle – one each Sho-Me model 14.0553 three plug outlet receptacle $75.00 7.03 Window tint, regular cab – 35% window tint film $135.00 7.04 Window tint, extended cab – 35% window tint film $150.00 7.00 Outfitter's Specialty Items 6.00 Utility Service Body Options Required Page 2 of 3 OFFICIAL VENDORS NICHOLS FLEET EQUIPMENT 2401 EAST 31ST STREET CHATTANOOGA, TN. 37407 ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Bid Opening Item #19-203 2019/2020 Truck 9500 GVW Service Body for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 53 Georgia Procurement Registry: 6 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 7.05 Window tint, crew cab – 35% window tint film $170.00 7.06 County Emergency Equipment Package:$825.00 Year 2019 Make Ford Model F250 Approximate Delivery Time 90-120 Days Exceptions Noted 2019/2020 Truck 9500 GVW Service Body Page 3 of 3 Administrative Services Committee Meeting 7/9/2019 1:15 PM 2019 - Recreation - F250 - ITB 19-203 Department:Central Services - Fleet Management Division Presenter:Ron Crowden Caption:Request the replacement of one Ford F250 Utility Body truck for Recreation Trees and Landscape Division for $34,400 using capital outlay. Background:The Recreation Trees and Landscape Division is requesting the replacement of a 2000 Ford F250, asset number 994475, with 139,893 miles and 63 work orders totaling $10,761. This truck is used to repair irrigation lines throughout Augusta. Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 9500 GVWR Service Body Truck (Bid #19-203). Invitations to Bid were sent to 30 vendors with one vendor responding. Bid tab sheets are attached for your review. Bid 19-203: 2019 Ford F250 – Allan Vigil Ford – $34,400 Financial Impact:1 – 2019 Ford F250 @ $34,400. The vehicle will be purchased using the Capital Outlay. (ACCT# 272-01-6440/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:: Approve the replacement of one - Ford F250 Utility Body truck for the Recreation Department – Trees and Landscape Division at a cost of $34,400 using capital outlay and sell the replaced vehicle at auction. Funds are Available in the Following Accounts: Capital Outlay (ACCT# 272-01-6440/54-22210) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, April 23, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-203 2019/2020 Truck 9500 GVW Service Body Bid Item #19-211 2019/2020 Tractor Loader Subcompact Bid Item #19-215 2020 Midsize SUV Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 5, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 14, 21, 28, April 4, 2019 Metro Courier March 14, 2019 OFFICIAL Page 1 of 2 Bid Opening Item #19-215 2020 Midsize SUV for Augusta, Georgia - Central Services Department - Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. VENDORS ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Attachment B Yes E-Verify Number 94460 SAVE Form Yes 5.00 Vehicle/Options Required $27,895.00 6.01 4X4 Drivetrain $2,288.00 6.02 3.3L V6 Engine No Charge 6.03 Daytime Running Lights $43.00 6.04 All Weather Floor Mats $117.00 6.05 Rear Cargo Shade N/A 6.06 Splash Guards $202.00 6.07 XLT RWD Package $3,495.00 6.08 XLT 4WD Package) $5,475.00 6.09 Trailer Towing $685.00 6.10 Roof rail Crossbars $315.00 6.11 Running Boards N/A 6.12 Exterior Color Not Included in Base Price Color $375.00 6.13 Interior Color Not Included in Base Price Color No Charge 6.14 Delivery Fee per Vehicle $150.00 7.01 Fire extinguisher – DOT approved, 5 pound (ABC type) $65.00 7.02 Outlet receptacle – one each Sho-Me model 14.0553 three plug outlet receptacle $75.00 7.03 Trailer hitch – Class IV connection $685.00 (Includes the price for the Trailer Towing 6.09) 7.04 Trailer wiring – trailer wiring harness with 7-flat pin plug (RV type) attached to rear step bumper N/A 7.05 Trailer ball – 2 inch hitch ball attached to rear step bumper N/A 7.06 Window tint, – 35% window tint film with 6” windshield strip $200.00 7.07 County Emergency Equipment Package $850.00 7.08 Administrative Public Safety Equipment Package:$1,925.00 Year 2020 Make FORD 2020 Midsize SUV Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 28 Georgia Procurement Registry: 264 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 5.00 Vehicle/Options Required 7.00 Outfitter's Specialty Items 6.00 Manufacturer Options OFFICIAL Page 2 of 2 Bid Opening Item #19-215 2020 Midsize SUV for Augusta, Georgia - Central Services Department - Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. VENDORS ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 28 Georgia Procurement Registry: 264 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 Model Explorer Approximate Delivery Time 90-120 Days Exceptions Noted Administrative Services Committee Meeting 7/9/2019 1:15 PM 2019 - Tax Commissioner Vehicle Department:Central Services Department - Fleet Management Division Presenter:Ron Crowden Caption:The Tax Commissioner’s Office requests the purchase of one silver XLT 4WD Ford Explorer via bid #19-215 in the amount of $34,712.00 - Allan Vigil Ford. Background:The Tax Commissioner’s Office is requesting the purchase of a 2020 Ford Explorer for use in the service and administration of delinquent tax programs citing an increase in activity with business personal property delinquent accounts. Bid tab sheets to include vehicle options are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for 2020 Midsize SUV with the following results. Bid 19-215 Midsize SUV: 2020 XLT 4WD Ford Explorer – Allan Vigil Ford = $34,712.00 Financial Impact:1 – 2020 XLT 4WD Ford Explorer @ $34,712.00 for the Tax Commissioner’s Office. This vehicle will be purchased using Capital Outlay funds. (ACCT# 272-01-6440/54-22110) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the Tax Commissioner’s Office request to purchase one silver XLT 4WD Ford Explorer via bid 19-215 in the amount of $34,712.00 Funds are Available in the Following Accounts: 2019 Capital Outlay: 272-01-6440/54.22110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-203 Year 2019 Brand Ford Model F250 Delivery Date 90-120 5.01 2019/2020 Full Size Chassis $ 21,495.00 5.03 4x4 Option $ 4,175.00 5.06 Super Cab Option $ 3,975.00 5.09 Heavy Duty Tow Package STD 5.15 Power Locks, Windows and Mirrors $ 1,050.00 5.17 Trailer Tow Mirrors, manual adjust NO COST 5.18 Trailer Tow Mirrors, power adjust-heated NO COST 5.30 Delivery Fee $ 150.00 5.31 1 Extra set of keys $ 225.00 6.01 Steel Service Body - Knapheide 696 $ 6,200.00 6.02 Bed Liner $ 450.00 6.12 Trailer hitch $ 65.00 6.13 Trailer Wiring STD 6.14 Trailer Ball N/A 7.04 Window Tint - Ext Cab $ 150.00 7.06 County Emergency Package $ 825.00 TOTAL FOR OPTIONS AND BASE PRICE 38,760.00$ 2018/2019 Ford F250 9800GVWR V8, Long Bed, 4X2, Reg Cab Equipment included in base price: 6.2L V8 Gasoline/E85 Engine 6 Speed Automatic Transmission A/C AM-FM Radio Power Steering Power ABS Brakes Vinyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare Tire Rear Step Bumper Solar Tinted Glass Trailer Wiring Harness Receiver Hitch (12.k) Tilt Steering Wheel Rear View Camera Electric Shift (4X4 Only) 5.01 FOR ALL DEPARTMENTS- 2019/2020 Pickup Truck 9500 GVWR SERVICE BODY-BIDS OPENED 4/23/19 @ 11:00 Allan Vigil Ford Allan Vigil Ford Government Sales 6790 Mt. Zion Blvd Morrow, GA 30260 Administrative Services Committee Meeting 7/9/2019 1:15 PM 2019 - Utilities-F250 Department:Central Services Department-Fleet Management Division Presenter:Ron Crowden Caption:Request to replace one Ford F250 Utility Body truck for Utilities Facilities Maintenance Division at a cost of $38,760 using the GMA lease program. Background:The Utilities Facilities Maintenance Division is requesting the purchase of one 2019 F-250, 4X4 to replace a 2003 Ford F-350, asset number 203185, that was decommissioned due to the need for repairs totaling $11,400; these repairs would cause the cumulative total of repairs to exceed the value of the vehicle. This replacement complies with the 2004 Commission approved Fleet Management replacement policy. This vehicle will be used to support repairs to lift stations Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 9500 GVWR Service Body Truck (Bid #19-203). Invitations to Bid were sent to 30 vendors with one vendors responding. Bid tab sheets are attached for your review Bid 19-203: 2019 Ford F250 Allan Vigil Ford – $38,760 Financial Impact:1 – 2019 Ford F250 @ $38,760. The vehicle will be purchased through GMA Lease Program. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the replacement of one - Ford F250 Utility Body truck for the Utilities Department -Facilities Maintenance Division at a cost of $38,760 using the GMA Lease Program. Funds are Available in the GMA Lease Program 506043580-6111631 Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 7/9/2019 1:15 PM Augusta University Small and minority business opportunities Department: Presenter:Commissioner Marion Williams Caption:Augusta University small and minority business opportunities. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Invitation to Bid Sealed bids will be received at this office until Thursday, April 4, 2019 @ 3:00 p.m. for furnishing: Bid Item #19-181 Augusta 911 Additions and Renovations for Augusta, GA – Central Services – Facility Maintenance Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $175.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, February 21, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Tuesday, March 19, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. 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 Thursday, March 21, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 21, 28, March 7, 14, 2019 Metro Courier February 21, 2019 Revised: 2/2/2016 OFFICIAL Page 1 of 2 VENDORS Contract Management 1829 Killingsworth Rd Augusta, GA 30904 Paul S. Askins P.O. Box 631 Statesboro, GA 30459 Dabbs Williams 319 South Walnut St Statesboro, GA 30458 T.L. Clark & Associates 2065 Heckle St. Augusta, GA 30904 Attachment "B"Yes E-Verify Number 225306 Addendum 1 Yes Save Form Yes Bid Bond Yes Compliance Review 6% Goal Yes Base Bid Price $637,190.00 Alternate 1 [Add]$4,990.00 Alternate 2 [Add]$4,539.00 Alternate 3 [Add]$39,778.00 Alternate 4 [Add]$3,125.00 Alternate 5 [Add]$157,541.00 Alternate 6 [Add]$9,375.00 Alternate 7 [Add]$9,990.00 Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 173 Georgia Procurement Registry: 28 Mandatrory Pre-Bid Attendees: 7 Total packages submitted: 1 Total Noncompliant: 0 Bid Opening for #19-181 Augusta 911 Additions and Renovations for Augusta, GA - Central Services Department- Facilities Maintenance Division Bid Date: Thursday, April 4, 2019 @ 3:00 p.m. OFFICIAL Page 2 of 2 VENDORS Contract Management 1829 Killingsworth Rd Augusta, GA 30904 Paul S. Askins P.O. Box 631 Statesboro, GA 30459 Dabbs Williams 319 South Walnut St Statesboro, GA 30458 T.L. Clark & Associates 2065 Heckle St. Augusta, GA 30904 Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 173 Georgia Procurement Registry: 28 Mandatrory Pre-Bid Attendees: 7 Total packages submitted: 1 Total Noncompliant: 0 Bid Opening for #19-181 Augusta 911 Additions and Renovations for Augusta, GA - Central Services Department- Facilities Maintenance Division Bid Date: Thursday, April 4, 2019 @ 3:00 p.m. Alternate 8 [Add]$62,500.00 Administrative Services Committee Meeting 7/9/2019 1:15 PM Award Contract for Augusta 911 Addition and Renovations Department:Central Services - Facilities Presenter:Takiyah A. Douse Caption:Award the contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. Bid Item 19-181 Background:The Augusta 911 Center was completed circa 1996 to replace the old 911 Center which had been located in the basement of the old JLEC at 401 Walton Way. The relocation was predicated by need for additional space due to a growing population and moisture problems. Changing operations over the intervening 20 years made it apparent that there was a need for additional space for personnel and evolving operations dependent on technologically advanced communications. In response to recommendations from former 911 Directors, the Commission included allocations for this project in SPLOST 7 to provide additional office space, a training room that can function as a back-up Emergency Operation Center and upgrades to existing space. In 2018, the Augusta Commission awarded 2KM Architects the contract to design an addition and renovations to the Augusta 911 Center to accommodate evolving operations and requirements. Construction documents were prepared by 2KM and released under Invitation to Bid (ITB) 19-181. Analysis:Bids were received on April 4, 2019 and reviewed by the Procurement and Compliance Departments. CMI Inc. was determined to be responsive and within budget. The project scope includes: additional parking and a retention pond to alleviate flooding issues; improved cooling in the critical computer server room which have been problematic over the years; and sealing of an exterior masonry wall above the roof which has been a source of water intrusion. Financial Impact:The contract amount is $866,528.00. Alternatives:1. Award the contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. 2. Do not award Recommendation:Award the contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. Funds are Available in the Following Accounts: This project is funded as follows: •911 SPLOST 7 $402,473 •911 Fund Balance $250,000 •CSD-FM SPLOST 7 $200,000 •911 Emergency Services $ 14,055 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission AHCDD Citizen’s Advisory Committee By-Laws Page 1 of 8 FINAL AUGUSTA, GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (AHCDD) CITIZEN’S ADVISORY COMMITTEE BY-LAWS The following by-laws shall apply to the Augusta, Georgia Housing and Community Development Department (AHCDD) Citizens Advisory Committee established as part of Augusta’s Citizen Participation Plan for community Development Programs financed in whole or in part by the U.S. Department of Housing and Urban Development (HUD). ARTICLE I. DEFINITIONS The following definitions shall apply to the terms below as they may appear throughout the by- laws: Action Plan – A one year plan that gives specific information about how Augusta, Georgia will use CDBG, HOME, ESG, HOPWA and other related federal funds to work toward reaching the goals set forth in the City’s Consolidated Plan. Consolidated Plan – The document submitted to HUD that serves as the planning document for Augusta, Georgia and an application for funding under the following formula grant programs: CDBG, HOME, ESG, and HOPWA, which is prepared in accordance with the applicable federal regulations. Community Development Block Grant (CDBG) – Federal program created for community development as a result of Title I of the Housing and Community Development Act of 1974, as amended. Emergency Shelter Grant (ESG) – Federal program created specifically to assist homeless persons as a result of Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act, as amended. Home Investment Partnerships (HOME) – Federal program created to implement local housing strategies designed to increase homeownership and affordable housing opportunities for low and very low-income Americans as a result of Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990. Housing Opportunities for Persons with Aids (HOPWA) – Federal program created through the National Affordable Housing Act of 1990 and authorized by the AIDS Housing Opportunity Act AHCDD Citizen’s Advisory Committee By-Laws Page 2 of 8 of 1992. Funds are authorized for use for housing and supportive services for persons medically diagnosed with HIV/Aids. Neighborhood Stabilization Program (NSP) – Federal program created through Congress to help cities, counties and states deal with community problems that are the result of the mortgage foreclosure crisis in the nation. ARTICLE II. FUNCTIONS AND ROLES 1. The Citizen’s Advisory Committee shall act as a representative body for the citizens of Augusta, Georgia and serve in an advisory capacity to the Augusta Housing and Community Development Department (AHCDD) for all projects funded, or proposed to be funded under the following HUD programs: Community Development Block Grant (CDBG), HOME Investment Partnerships, Emergency Solutions Grants (ESG), Housing Opportunities for People with Aids (HOPWA), and the Neighborhood Stabilization Program (NSP). 2. The Citizen’s Advisory Committee shall be provided an opportunity to actively participate in the final process of data review and presentation formatting, to ensure transparency and accountability on behalf of the citizens in Augusta-Richmond County, and to engage as a member of the process of formulating, yet waiving final determination of outcomes of, the Five-Year Consolidated Plan and the Annual Action Plan, pursuant to relevant Federal laws and Guidelines. 3. The Citizen’s Advisory Committee may participate in reviewing and evaluating applications for programmed funds under the guidelines of the Augusta Housing and Community Development Department. 4. The Citizen’s Advisory Committee shall have the responsibility of reviewing all Citizenry comments submitted in regards to the expenditure of funding to the Augusta Housing and Community Development Department. The Citizen’s Advisory Committee shall serve as “a voice” for the citizens of Augusta, Georgia. All such comments will be submitted to the Augusta Housing and Community Development Department for consideration. 5. The Citizen’s Advisory Committee shall submit the Citizenry comments and concerns to the Director of the Augusta Housing and Community Development Department. Said concerns shall be taken under advisement and addressed in a manner deemed appropriate by the Augusta Housing and Community Development Department in consultation with the Augusta Commission. AHCDD Citizen’s Advisory Committee By-Laws Page 3 of 8 ARTICLE III. MEMBERSHIP 1. General: The Citizen’s Advisory Committee shall consist of ten (10) members, each of whom shall represent one of the ten voting districts in Augusta, Georgia. Each member shall be nominated by the individual Commissioner representing District 1, District 2, District 3, District 4, District 5, District 6, District 7, District 8, District 9, and District 10. All members shall be residents of Augusta. Members of the advisory committee shall serve until their resignation, disqualification or their successor is appointed and qualified by the Commissioner representing the respective Districts. The term of members of the advisory committee appointed by Commissioners of the respective Districts shall automatically expire upon the termination of the appointing Commissioner’s incumbency. The advisory committee may also include an ex-officio, non-voting member of the Augusta Richmond County Commission. 2. Officers: The officers of the Citizen’s Advisory Committee shall consist of a Chairman, Vice-Chairman, and a Secretary. CHAIRMAN A Chairman shall be elected by the Citizen’s Advisory Committee from among its members for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Chairman shall serve as such for not more than two (2) consecutive terms. A. The Chairman shall preside over the advisory committee meetings and shall have the right to vote. B. The Chairman will serve as the primary point of contact with the Director, Augusta Housing and Community Development Department. C. The Chairman will coordinate scheduled meetings, agendas and subjects for discussion with the Director, Augusta Housing and Community Development Department. AHCDD Citizen’s Advisory Committee By-Laws Page 4 of 8 D. The Chairman shall decide all points of procedure, subject to these by-laws and the latest edition of Roberts Rules of Order, unless otherwise directed by the majority of the advisory committee in session at the time. VICE-CHAIRMAN A Vice-Chairman shall be elected by the Citizen’s Advisory Committee from among its members in the same manner for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Vice-Chairman shall serve no more than two (2) consecutive terms. A. The Vice-Chairman shall serve as “Acting Chairman” in the absence of the Chairman or when that officer has to refrain from participation because of a conflict of interest and shall have the same powers and duties as the Chairman. B. The Vice-Chairman shall have the right to vote. C. Upon the resignation or disqualification of the Chairman, the Vice-Chairman shall assume the Chairmanship for the remainder of the unexpired term or until a new Chairman is elected. SECRETARY A Secretary shall be elected by the Citizen’s Advisory Committee from among its members in the same manner for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Secretary shall serve no more than two (2) consecutive terms. A. The Secretary shall be responsible for keeping records of committee actions, including overseeing the taking of minutes at all advisory committee meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each advisory committee member, and assuring that Augusta Housing and Community Development Department records are maintained. B. The Secretary shall have the right to vote. C. The Secretary shall maintain a current roster of advisory committee members’ home address, email address, and telephone numbers, including a mobile phone number. D. In the absence of the Secretary, the Chairman will appoint another member to serve as Secretary for that meeting. AHCDD Citizen’s Advisory Committee By-Laws Page 5 of 8 E. Augusta Housing and Community Development Department will provide administrative assistance to the Secretary to the extent possible as determined by the Augusta Housing and Community Development Department Director. This support may include paper reproduction, folders, etc. Augusta Housing and Community Development Department will not allow advisory committee support to restrict its ability to carry out its primary service mission. ARTICLE IV. POINT OF CONTACT The Director of the Augusta Housing and Community Development Department, or the Director’s designee shall serve as a point of contact for the Citizen’s Advisory Committee. The Director, or designee, shall be willing to provide assistance to the Chairman in preparing items of discussion for the Citizen’s Advisory Committee meeting agendas, providing assistance, when necessary to ensure the proper recording and transcribing of all meetings minutes, and providing assistance, when necessary, to ensure proper delivery for all related correspondence with advisory committee members. It is understood that the Director of the Augusta Housing and Community Development Department, or the Director’s designee shall only be of assistance when deemed necessary, and that it remains the primary responsibility of the Chairman, Vice-Chairman, and Secretary to ensure that these matters are addressed in a timely matter. ARTICLE V. VOTING 1. Each Citizen’s Advisory Committee member, including the Chairman, Vice- Chairman, and Secretary shall vote regarding the business of the advisory committee and the submission of comments from the public. An advisory committee member shall abstain from voting in the event of a conflict of interest. The advisory committee member shall state for the record the basis for the abstention and complete a Statement of Potential Conflict of Interest Form. 2. Voting by proxy or absentee is prohibited. ARTICLE VI. ATTENDANCE REQUIREMENTS Faithful and prompt attendance art all meetings of the Citizen’s Advisory Committee, and conscientious performance of the duties required of members, shall be a prerequisite to continuing membership on the advisory committee. AHCDD Citizen’s Advisory Committee By-Laws Page 6 of 8 1. Any member who for reasons other than sickness or bona fide emergency misses three (3) consecutive regular meetings within a calendar year shall be recommended for replacement. Any member who is unable to attend a meeting, whether regular of special, shall contact the Chairman, Secretary, or designee, as soon as possible so that the Chairman can determine whether or not a quorum can be established. 2. The Chairman, Secretary, or designee, shall maintain a record of attendance for each advisory committee member. The Chairman shall notify the individual, the Clerk of Commission and the appointing Commissioner after a member misses three (3) consecutive meetings within a calendar year. 3. In the event of a violation of the attendance requirements, the Citizen’s Advisory Committee may vote to recommend to the Augusta Commission that a vacancy be declared and that the vacant position be filled in an expeditious manner. ARTICLE VII. QUORUM At least four (4) members of the Citizen’s Advisory Committee must be present to constitute a quorum. When a quorum is not present, the advisory committee may conduct no business other than to reschedule the date and time of the meeting, and to adjourn. A list of members and any votes taken shall accompany all advisory committee recommendations and resolutions or dissenting opinions. ARTICLE VIII. MEETINGS 1. Regular Meetings: The Citizen’s Advisory Committee shall hold monthly meetings on the fourth Thursday of each month. Said meetings will be at 2:00P.M. in the Conference Room of the Augusta Housing and Community Development Department, 925 Laney Walker Blvd., Augusta, Georgia 30901, or in any other designated meeting place, provided the location is specified in all notices required by law. If a regularly scheduled meeting occurs on a legal holiday, the Chairman, with the concurrence of a majority of the advisory committee, may set an alternate date for the meeting. At the meeting in the month of December new officers will be elected and any outstanding business for that year will be concluded. At each regular meeting the Director, or designee, will provide a status update of projects listed in the Annual Plan, as approved by the Augusta Commission and HUD. The Director, or designee, will assist in ensuring compliance with the Georgia Open and Public Meetings Act, in coordination with the Clerk of Commission. If a quorum AHCDD Citizen’s Advisory Committee By-Laws Page 7 of 8 is not present at a regular meeting of the advisory committee, a special meeting may be held within 14 working days from such scheduled meeting. 2. Special Meetings: Special Meetings of the Citizen’s Advisory Committee may be called at any time by the Chairman. At least forty-eight (48) hours notice of the time and place of special meetings shall be given to each member of the advisory committee and coordinated with the Director, Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department shall have the responsibility of notifying the press and others as required by the Georgia Open and Public Meetings Act. 3. Cancellation of Meetings: Whenever there is no business for the Citizen’s Advisory Committee, the chairman may dispense with a regular meeting by giving notice to all members and coordinating with the Director, Augusta Housing and Community Development Department. not less than twenty-four (24) hours prior to the time set for the meeting. 4. Recessed Meetings: Should the business before the Citizen’s Advisory Committee not be completed, the Chairman may recess the same from day-to-day until the matters before the committee are completed. 5. Open Meetings: All Meetings of the Citizen’s Advisory Committee shall be open to the public. However, members of the public shall not address the advisory committee unless invited to do so by the Chairman. 6. Rules of Order: Meetings shall be conducted in an orderly manner to ensure the fair treatment of all persons and issues before the advisory committee. The latest version of Roberts Rules of Order Newly Revised shall be available for reference when procedural issues are to be resolved. ARTICLE IX. NOTICE AND PUBLIC INFORMATION 1. The Director, or designee, shall be responsible for ensuring compliance with the Georgia Open Records and Open Meetings Act. 2. The Director, or designee, is required to comply with the guidelines pertaining to matters of public notice and scheduling as provided by the Clerk of Commission. ARTICLE X. LIMITATION OF POWERS Citizen’s Advisory Committee members shall operate within the charge given by the Augusta Commission and in compliance with statutes and ordinances of Augusta, AHCDD Citizen’s Advisory Committee By-Laws Page 8 of 8 Georgia. Nothing contained in this statement of policies and procedures shall be construed to be in conflict with any state law or City of Augusta nor Richmond County ordinance. Should there be an appearance of conflict, the appropriate state law or city/county ordinance shall prevail. Neither the Citizen’s Advisory Committee, nor any member thereof, shall: o Possess authority over the Augusta Housing and Community Development Department; o Incur city/county expense or obligate the city/county in any manner; o Conduct any activity that might constitute or be construed as establishment of city/county or department policy; o Violate the confidentiality of any information related to matters involving pending or forthcoming grant allocation including but not limited to sub- recipient/applicant financial information, credit worthiness assets, debts, obligations, or commitments. The activities of the Citizen’s Advisory Committee shall, at all times, be conducted in accordance with all federal, state, and local laws. ARTICLE XI. AMENDMENTS These by-laws applicable to the Citizen’s Advisory committee may be amended or revised by the affirmative vote of six (6) members of the Augusta Commission. All amendments or revisions to these by-laws shall be filed with the Clerk of Commission. Administrative Services Committee Meeting 7/9/2019 1:15 PM HCD_ Citizen Advisory Committee (CAC) By-laws Revisions Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve the By-laws revision request of the HCD Citizen Advisory Committee (CAC). Background:The U.S. Department of Housing and Urban Development (HUD) under authority to it by the Housing and Community Development Act of 1974, as amended, requires each jurisdiction (city, county, etc.) to adopt a ‘citizen participation plan’ which must provide for and encourage citizens to participate in the development of the consolidated plan, any substantial amendments to the consolidated plan, and the performance report. These requirements are to especially encourage low-and-moderate income citizen participation where Community Development Block Grants (CDBG) are employed or sought. Accordingly, low-and-moderate income citizens, non- profit organizations, relevant advocacy groups, and interested parties must be involved in the preparation of the Consolidated Plan (Con Plan) through the mechanisms set up in the Citizen Participation Plan (Citizen Plan). The Con Plan approach is a means to meet the requirements of the CDBG Program. The Citizen Plan requires, at a minimum, citizen input during three (3) stages of the Con Plan; A) The Proposed Plan (Con Plan), B) Substantial Amendments to the Proposed Plan (Con Plan), C) Performance Reports. The Citizens Advisory Committee shall act as a representative body for the citizens of Augusta, Georgia and serve in an advisory capacity to the Housing and Community Development Department and approved via the Augusta, GA Commission. Analysis:The approval of the revised CAC by-laws outlines supplementary collaboration between HCD and the CAC. Financial Impact: The approval of the submitted revisions will enable the Citizen Advisory Committee to proceed in agreeance using the aforementioned By-laws as a basis. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve the By-laws revision request of the HCD Citizen Advisory Committee (CAC) Funds are Available in the Following Accounts: Not Applicable REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 95,000.00 Ninety-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “4321 Creekview Drive – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Sand Hills will be involved in HOME eligible activities; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for HOME Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the administration of HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible HOME activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations. WHEREAS, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Pinnacle Place Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $95,000.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 4321 Creekview Drive, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Pinnacle Place Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified homebuyer has been identified, received and completed a comprehensive home buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned home. B. Use of Funds HOME Program funds shall be used by Sand Hills for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 95,000.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Pinnacle Place Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 4321 Creekview Drive, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Pinnacle Place Community) that incorporates the following boundaries: Highway 1 on the North and West, Deansbridge Augusta Housing and Community Development Department Page 4 Road on the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Sand Hills will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOME funds and any other project funding as represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make HOME Program funds available in the following manner: $95,000.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of Capital Rise Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with Capital Rise Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 95,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta- unless otherwise agreed to by Augusta and Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 95,000.00 Total Project Activity Cost $ 95,000.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture restrictions with regard to its HOME-funded homebuyer program. Each property sold to a homebuyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible homebuyer (who received down payment assistance [HOME Program] or other development subsidy funds from Augusta) sells their property, then AHCDD shall capture the HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Sand Hills Urban Development (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension and Termination. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations” as well as the procurement policy of Augusta. G. Requests by Sand Hills for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: “Reimbursement Request Form” supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills control that was acquired or improved in whole or in part with HOME funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the homebuyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Sand Hills shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Sand Hills shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Sand Hills shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with HOME grant funds shall be retained for three years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate. Augusta Housing and Community Development Department Page 12 This conflict of interest provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the HOME activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities. Or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities either for themselves or those whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, “family ties”, as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in- law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Sand Hills in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Sand Hills shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ Augusta Housing and Community Development Department Page 13 ARTICLE IX. OTHER REQUIREMENTS A. Sand Hills agrees that it will conduct and administer HOME Program activities in conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP funds will be conducted in accordance with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). I. Sand Hills agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead based paint poisoning and the elimination of lead based paint hazards. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by Sand Hills for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words “Augusta-Richmond County Department of Housing and Community Development “ will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. Q. In accordance with 24 CFR 85.43, if Sand Hills fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs definition and therefore must meet the local building codes for new housing in Augusta- Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Sand Hills Revitalization Plan, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HOME Program funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Sand Hills shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills shall procure officers and directors liability insurance under policies to be approved by Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills beyond the term of this Agreement. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 ARTICLE XVII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 95,000.00 in Fiscal Year 2017 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 4321 Creekview Drive, Augusta, GA 30906. 2. AHCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; Augusta Housing and Community Development Department Page 22 floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following:  “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts.  Model Energy Code, 1997, Council of American Building Officials  “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990.  Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.  Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).  Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical Condition Standards for HUD Housing.” Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. Augusta Housing and Community Development Department Page 27 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Sand Hills Urban Development must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in connection with the performance of this agreement. Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 85,000.00 Eighty-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “2565 Dover Street – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Sand Hills will be involved in HOME eligible activities; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for HOME Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the administration of HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible HOME activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations. WHEREAS, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover Street Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $85,000.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 2565 Dover Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified homebuyer has been identified, received and completed a comprehensive home buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned home. B. Use of Funds HOME Program funds shall be used by Sand Hills for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 85,000.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Sand Hills Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 2565 Dover Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Dover Community) that incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones Expressway on Augusta Housing and Community Development Department Page 4 the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Sand Hills will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOME funds and any other project funding as represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make HOME Program funds available in the following manner: $85,000.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of J.L. Lovett Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with J.L. Lovett Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 85,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta- unless otherwise agreed to by Augusta and Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 85,000.00 Total Project Activity Cost $ 85,000.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture restrictions with regard to its HOME-funded homebuyer program. Each property sold to a homebuyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible homebuyer (who received down payment assistance [HOME Program] or other development subsidy funds from Augusta) sells their property, then AHCDD shall capture the HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Sand Hills Urban Development (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension and Termination. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations” as well as the procurement policy of Augusta. G. Requests by Sand Hills for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: “Reimbursement Request Form” supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills control that was acquired or improved in whole or in part with HOME funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the homebuyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Sand Hills shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Sand Hills shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Sand Hills shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with HOME grant funds shall be retained for three years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate. Augusta Housing and Community Development Department Page 12 This conflict of interest provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the HOME activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities. Or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities either for themselves or those whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, “family ties”, as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in- law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Sand Hills in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Sand Hills shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ Augusta Housing and Community Development Department Page 13 ARTICLE IX. OTHER REQUIREMENTS A. Sand Hills agrees that it will conduct and administer HOME Program activities in conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP funds will be conducted in accordance with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). I. Sand Hills agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead based paint poisoning and the elimination of lead based paint hazards. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by Sand Hills for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words “Augusta-Richmond County Department of Housing and Community Development “ will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. Q. In accordance with 24 CFR 85.43, if Sand Hills fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs definition and therefore must meet the local building codes for new housing in Augusta- Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Sand Hills Revitalization Plan, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HOME Program funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Sand Hills shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills shall procure officers and directors liability insurance under policies to be approved by Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills beyond the term of this Agreement. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 ARTICLE XVII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 85,000.00 in Fiscal Year 2017 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2565 Dover Street, Augusta, GA 30906. 2. AHCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; Augusta Housing and Community Development Department Page 22 floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following:  “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts.  Model Energy Code, 1997, Council of American Building Officials  “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990.  Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.  Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).  Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical Condition Standards for HUD Housing.” Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. Augusta Housing and Community Development Department Page 27 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Sand Hills Urban Development must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in connection with the performance of this agreement. Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 85,000.00 Eighty-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “2525 Dover Street – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Sand Hills will be involved in HOME eligible activities; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for HOME Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the administration of HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible HOME activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations. WHEREAS, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover Street Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $85,000.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 2525 Dover Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified homebuyer has been identified, received and completed a comprehensive home buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned home. B. Use of Funds HOME Program funds shall be used by Sand Hills for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 85,000.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Sand Hills Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 2525 Dover Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Dover Community) that incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones Expressway on Augusta Housing and Community Development Department Page 4 the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Sand Hills will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOME funds and any other project funding as represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make HOME Program funds available in the following manner: $85,000.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of Capital Rise Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with Capital Rise Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 85,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta- unless otherwise agreed to by Augusta and Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 85,000.00 Total Project Activity Cost $ 85,000.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture restrictions with regard to its HOME-funded homebuyer program. Each property sold to a homebuyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible homebuyer (who received down payment assistance [HOME Program] or other development subsidy funds from Augusta) sells their property, then AHCDD shall capture the HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Sand Hills Urban Development (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension and Termination. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations” as well as the procurement policy of Augusta. G. Requests by Sand Hills for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: “Reimbursement Request Form” supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills control that was acquired or improved in whole or in part with HOME funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the homebuyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Sand Hills shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Sand Hills shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Sand Hills shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with HOME grant funds shall be retained for three years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate. Augusta Housing and Community Development Department Page 12 This conflict of interest provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the HOME activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities. Or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities either for themselves or those whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, “family ties”, as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in- law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Sand Hills in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Sand Hills shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ Augusta Housing and Community Development Department Page 13 ARTICLE IX. OTHER REQUIREMENTS A. Sand Hills agrees that it will conduct and administer HOME Program activities in conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP funds will be conducted in accordance with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). I. Sand Hills agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead based paint poisoning and the elimination of lead based paint hazards. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by Sand Hills for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words “Augusta-Richmond County Department of Housing and Community Development “ will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. Q. In accordance with 24 CFR 85.43, if Sand Hills fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs definition and therefore must meet the local building codes for new housing in Augusta- Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Sand Hills Revitalization Plan, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HOME Program funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Sand Hills shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills shall procure officers and directors liability insurance under policies to be approved by Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills beyond the term of this Agreement. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 ARTICLE XVII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 85,000.00 in Fiscal Year 2017 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2525 Dover Street, Augusta, GA 30906. 2. AHCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; Augusta Housing and Community Development Department Page 22 floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following:  “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts.  Model Energy Code, 1997, Council of American Building Officials  “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990.  Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.  Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).  Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical Condition Standards for HUD Housing.” Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. Augusta Housing and Community Development Department Page 27 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Sand Hills Urban Development must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in connection with the performance of this agreement. Administrative Services Committee Meeting 7/9/2019 1:15 PM HCD_Sand Hills Urban Development HOME Funding Request Department:HCD Presenter:Hawthorne Welcher Jr. and/or HCD Staff Caption:Motion to approve Housing and Community Development Department’s (HCD’s) request to provide funding to Sand Hills Urban Development for the development of three (3) single family affordable housing units for low to moderate income families. Background:Housing and Community Development and Sand Hills Urban Development (SHUD) have been in collaboration promoting affordable housing through a partnership where in SHUD constructed eight (8) single family units in South Augusta. Sand Hills has requested HCD’s continual partnership in offering affordable housing by providing HOME funds for the construction of three (3) additional units. SHUD has acquired Capital Rise as a development partner that brings 50% of construction to all development deals. Sand Hill Urban Development is requesting: · 2565 Dover Street , Augusta, GA 30906: Total Construction Cost: $165,000. Requesting 85,000 · 2525 Dover Street , Augusta GA 30906: Total Construction Cost: $165,000. Requesting $85,000 · 4321 Creek View Drive, Hephzibah, GA 30815: Total Construction Cost: $190,000. Requesting $95,000 The funding request is to assist with the cost associated with the construction of single family units. Analysis:The approval of funding will allow SHUD to construct three (3) single-family units which will be sold to eligible low - moderate income homebuyers. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from Housing and Urban Development in the amount of $ $265,000.00 to assist in construction cost of three (3) single family units. Alternatives:Do not approve the funding to Sand Hills Urban Development. Recommendation:Motion to approve Housing and Community Development Department’s (HCD’s) request to provide funding to Sand Hills Urban Development for the development of three (3) single family affordable housing units for low to moderate income families. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a) Home Investment Partnership Program (HOME) funds. Org key: 221073212 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber - 611112019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; sias, chairman; clarke, vice Chairman; Davis and B. Williams, members. ADMINISTRATIVE SERVICES 1. Discuss 2020 Census needs and identi$, funding for Complete Count Item committee. (Requested by Mayor Hardie Davis, Jr.) Action: Approved Motions f#:"' Motion rext Motion to approve a _-_-_.- receiving this item as CommissionerAPProve information. Mary Davis Motion Passes 4-0. 2. Discuss Augusta Film and CVB and Central Services input on new Filming Item guidelines in Augusta. (Requested by Commissioner Brandon Garrett) Action: Approved Motions fr"J:"' Motion rext Motion to delete this Approve item from the agenda Commissioner Commissioner Motion passes 4-0. Mury Davis John clarke Passes 3. Discuss the commission's Rules of procedure. (Requested by Commissioner Ben Hasan) Motions Made By MotionSeconded By' Resutt Commissioner J"h; ai;;il Passes Made By seconded By f;uo,tjirl' Item Action: Approved Motion to approve. receiving this item as Commissioner C_ommissioner passesApprove information. Bobby Williams Mary Davis t Motion Passes 4-0. Motion to approve procuring firm to conduct disparity study. (Requested by Item Mayor Hardie Davis, Jr.) Action: Approved Motion Motion Text Type Motion to Approve approve. Motion Passes 4-0. Made By Seconded By Motion Result Made By Motions ryJ:"' Motion rext Motions f#:" Motion rext Made By Seconded By f""r|il Motion to delete this Approve itemfrom;;;;;. Commissioner Commissioner passes tvtotion pa;;;, ft.-- Mary Davis John Clarke I Receive as information an emergency replacement of three (3) ten ton split ltem HVAC units at W. T. Johnson Community Center by Contract Management Action: Inc., for a total of $l 16,973.00 funded through capital allocated for the Central Approved Services Department. seconded By Motion Result Commissioner Commissioner Bobby Williams Mary Davis Passes Discuss shared vision for City of Augusta and establish Commission goals and priorities for 3 year period using SMART concept. (Requested by Mayor Hardie Davis, Jr.) Item Action: Approved Motions f#:" Motion rext Motion to delete this Approve ite* fro- A;;;.rd". commissioner commissioner Motion passes 4_0. Mary Davis l"fm Cf"*. Passes Made By Seconded By Result 7. Motion to approve Housing and Community Development Department,s Item(HCD's) request to provide funding to assist two (2) low to moderate income Action: homebuyers with down-payment assistance to purchase a home. Approved 8. Receive as information only the emergency repairs needed to the compressors at the Julian Smith casino completed by TRANE, amount of $43,035.09. Motions Y:i*i"' Motion TextI ype Motion to Approve approve. Motion Passes 4-0. Made By Seconded By Commissioner Commissioner Mary Davis John Clarke Made By Seconded By Made By Seconded By Motion Result Passes two HVAC Inc. in the Motion Result Item Action: Approved Motions f#:'" Motion rext Motion Result Motion to approve ^ receiving this item as commissioner commissionerApprove information. Mary Davis Bobby williams Passes Motion Passes 4-0. 9. Motion to approve Housing and Community Development Department,s Item(HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding Action:to contract with J. Lovett Homes and Construction LLC to construct fwo (2) Approved workforce, residential units on Mceueen Court. Motions Y:it1"" Motion Textr ype Motion to Approve approve. Motion Passes Commissioner Commissio 4_0. Mu.y Davis John claru.ntt Passes 10. Approve award of contract to prepare contract documents for renovating the Itembuilding housing the Augusta Law Department to Christopher Booker Action:Architects (CBA) of Augusta in the amount of $35,000.00. RFqlg-lg6 Approved Motions 11. Motion to approve the minutes of the Administrative Services Committee Item held on May 28,2019. Action: Approved Motions f#:"' Motion Text Made By seconded By Motion to Approve approve. Motion Passes 4-0. 12. Motion to adopt the Augusta, Georgia Film Policy for requests to film on ltem city property.(Approved by Administrative Services Committee May 28, Action: 2019 deferred from the Commission meeting held on June 4,2019) Approved Motion Motion Text Made By Seconded By MotionTYPe Result Motion to Approve approve. Motion Passes 4-0. Motion Result Commissioner Commissioner Mary Davis John clarke Passes Commissioner Commissioner Mary Davis John clarke Passes Motion to delete this Approve item from the agenda. commissioner commissioner Motion passes 4_0. Mary Davis John clarke Passes 13. Receive update from Law Department and Clerk of Commission regarding Item status of MIINICODE implementation for City of Augusta as approved by Action:the Commission on October 3, 2017. (Requested by Mayor Hardie Rescheduled Davis, Jr.) Motions f#:" Motion rext Motions [,'J:" Motion rext MotionSeconded Bv :--------- -'t ResultMade By Made By Commissioner Mary Davis Motion to refer this item back to the commiffee. Motion Passes 4-0. Seconded By Commissioner Bobby Williams Motion Result Passes 14. Defer Receive status update from staff regarding Retention System implementation. (Requested Jr.) Motions f#:" Motion rext Records Management & Item by Mayor Hardie Davis, Action: Approved Made By Seconded By Motion Result Motion to approve ^^ receivine thiJi;; ". commissioner lnrorrnatton. J tvtotion parr., +-0. Williams Commissioner rtaury;.;ir Passes 15. Motion to amend ordinance Code of Augusta Georgia, Title one,chapter Seven, Article Four, Section l-7-51 by repealing sections 500.308 through 500.315 of the PPPM related to Senior Executiveservice ("sES") employees; and to adopt a new sEs poticy and Procedures revising those related to sES groups and severance pay. (Approved by the Policy & procedures Subcommittee May 29,2019') Item Action: Rescheduled Motions Motion Motion Textr ype Motion to refer this item to the fullDefer Commission without a recommendation. Motion Passes 4-0. seconded By HXil Commissioner Bobby Passes Williams Made By Commissioner Mary Davis www.augustaga.gov Administrative Services Committee Meeting 7/9/2019 1:15 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on June 11, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Mayor Hardie Davis, Jr. Thursday, June 06, 2019 11:29 AM Lena Bonner Marcus Campbell; Latisha McMillan Re:Agenda items Ms. Bonner thank you. Please exclude the TIA Resolution. I was not aware that this had been done. Get Outlook for Android From: Lena Bonner Sent: Thursday, June 6,2079 10:46:04 AM To: Mayor Hardie Davis, Jr. Cc: Marcus Campbell; Latisha McMillan Subject: RE: Agenda items Mr. Mayor, Will do as requested, however on April L6,2o7g the Commission approved the attached resolution in support of the upcoming TSPLOST 2022. Lena J. Bonner Clerk of Commission Office of the Clerk of Commission Suite zzo Municipal Building 53S Telfair Street Augusta, Georgia 3o9or. Tel: 7o6-8zr-18zo Fax: 7o6-8zr-rB3B From: Mayor Hardie Davis, Jr. <HDavisJr@augustaga.gov> Sent: Thursday, June 06,2079 8:35 AM To: Lena Bonner <lbonner@augustaga.gov> Cc: Marcus Campbell<MCampbell@augustaga.gov>; Latisha McMillan <LMcMillan@augustaga.gov> Subject: Agenda items Ms. Bonner, Good morning. Please add the following items to the special called meeting and committee agenda for next week. Special Called Meeting 1. Motion to approve TIA Resolution in support of regional rsplosr 2022 Administrative Services 1. Discuss shared vision for City of Augusta and establish Commission goals and priorities for 3 year period using SMART concept 2. Discuss 2020 Census needs and identify funding for Complete Count Committee 3. Receive update from Law Department and Clerk of Commission regarding status of MUNICODE implementation for City of Augusta as approved by the Commission on 4. Motion to approve procuring firm to conduct disparity study. 5. Receive status update from staff regarding Records Management & Retention System implementation Finance 1. Establish Commission budget priorities for 2020 budget using best practices from other cities 2. Discuss and define the scope of e economic development emphasis for the City through three distinct priorities. Get Outlook for Android a resuit o{the e-naiJ transnrirision. lf verificatir:n is required, please reqi.r€Jst a hard copy versiorr.h[D. 104.'1 Administrative Services Committee Meeting 7/9/2019 1:15 PM Recodification of the Augusta, GA Code Department: Presenter:Mayor Hardie Davis, Jr. Caption:Receive update from Law Department and Clerk of Commission regarding status of MUNICODE implementation for City of Augusta as approved by the Commission on October 3, 2017. (Requested by Mayor Hardie Davis, Jr. - referred from June 11 Administrative Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 7/9/2019 1:15 PM Update Depot Project Department: Presenter:Commissioner Ben Hasan Caption:Update from staff regarding the Depot Project. (Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: second and last Tuesdays of each month - 1:00 p.m. commission/committee: (Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting contact rnformation for IndividuauPresenter Making the Request: Name: #r,, f'A "4eAddress: Telephone Number: Fax Number: E-Mail Address: t/ Date of Meeting Date of Meeting Date of Meeting opic of Discussion to be placed Please send this request form to the Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Tetfair Street Augusta, GA 30901 following address: Telephone Number: Fax Number: E-MaiI Address: 706-821-1820 706-821-1838 nmorawski@au gustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice no later than 9:00 a.m. on the Thursday preceding the Commission or Committee meeting of the following week. A five-minute time timit will be allowed for presentations. Administrative Services Committee Meeting 7/9/2019 1:15 PM Air fresheners and scents placed in government buildings. A Department: Presenter:Commissioner John Clarke Caption:Discuss with Central Services types of air fresheners and scents placed in government buildings. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: