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HomeMy WebLinkAbout2022-10-25-Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 10/25/2022 ATTENDANCE: Present: Hons. Hasan, Chairman; Scott, Vice Chairman; Frantom and B. Williams, members. Absent: Hon. Hardie Davis, Jr., Mayor. ADMINISTRATIVE SERVICES 1. Motion to approve the following annual bid items due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item 23-034 Inspection of Shop Equipment. 23-058 Erosion & Sedimentation Control. 23-103 Gates, Hoses & Fittings for Engineering and Environmental Services. 23-036 Batteries for Sheriff's Office. 23-011 Chemicals - Utilities Department. The recommendation of award is for one (1) year with the option to extend for one (1) additional year upon mutual consent of both parties. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Bobby Williams Passes 2. Motion to approve Housing and Community Development Department’s (HCD's) request to transfer budget funds of $50,000 from object code 5111110 to object code 5239112 temporary workforce expenditures. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Bobby Williams Passes 3. Motion to approve the minutes of the Administrative Services Committee held on October 11, 2022.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Bobby Williams 4. Motion to approve the execution of the attached MOU in the amount of $1M to the Augusta Georgia Land Bank. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-1. Commissioner Bobby Williams Commissioner Ben Hasan Passes www.augustaga.gov Administrative Services Committee Meeting 10/25/2022 1:05 PM Attendance 10/25/22 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2022 Amounts Budget Comments 23-034 NO $15,927.79 $40,000.00 23-058 NO *$.00 $15,000.00 *Department had product on hand and has not needed to make any purchases to date for 2022. 23-103 No $7,007.64 $10,000.00 23-036 YES $1,630.00 $5,000.00 23-011 NO $1,547,373.00 $1,500,000.00 $1,571,938.43 $1,570,000.00 Chemicals 1. Aqua Smart, Inc. 2. Unifilt Corp 3.Burnett Lime Company 4.Chemtrade 5.Univar Solutions, USA 6.Allied Universal Corp. 7.SNF Polydyne Inc PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Total Sec. 1-10-58. Annual Contracts. Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Purchases on the following annual bid items will exceed $25,000.00 per order: Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Environmental Services Inspection of Shop Equipment Overhead Crane Compliance Delta Landscape Utilities Department Gates, Hoses & Fittings O'Reilly Auto Parts Sheriff's Office Batteries ET Industrial Erosion & Sedimentation Control Items Administrative Services Committee Meeting 10/25/2022 1:05 PM Annual Bid Approval 23-034, 23-058, 23-103, 23-036 and 23-011 Department:Procurement Presenter:Geri Sams Caption:Motion to approve the following annual bid items due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item 23-034 Inspection of Shop Equipment. 23-058 Erosion & Sedimentation Control. 23-103 Gates, Hoses & Fittings for Engineering and Environmental Services. 23-036 Batteries for Sheriff's Office. 23-011 Chemicals - Utilities Department. The recommendation of award is for one (1) year with the option to extend for one (1) additional year upon mutual consent of both parties. Background:The item(s) were bided through the sealed bid process as required in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:Bid 23-034 Overhead Crane Compliance submitted the lowest most responsive bid. The request is to award bid item 23-034 to Overhead Crane Compliance. Bid 23-058 - Delta Landscape submitted the lowest most responsive bide. The request is to award Bid Item 23-058 to Delta Landscape. Bid 23-103 - O'Reilly Auto Parts submitted the lowest most responsive bide. The request is to award Bid Item 23-103 to O'Reilly Auto Parts. Bid 23-036 - ET Industrial submitted the lowest most responsive bide. The request is to award Bid Item 23-036 to ET Industrial. Bid 23-011 -. 1. Aqua Smart, Inc. - Liquid Orthophosphate 2. Unifilt Corp - Anthracite 3. Burnett Lime Company - Liquid Lime 4. Chemtrade - Liquid Alum 5. Univar Solutions, USA - Potassium Permanganate 6. Allied Universal Corp. - Sodium Hypochlorite 7. Univar Solutions, USA - Solar Salt 8. SNF Polydyne Inc. - Cationic Polymer 9. Univar Solutions, USA - Hydrofluorosilicic Acid Vendors submitted the lowest most responsive bid for the chemicals listed in the bid. The request is to award Bid Item 23-011 to the respective vendor. Recommendation of award for all items is for 1 year award with the option to extend for 1 additional year upon mutual consent of both parties. Financial Impact:The individual departments are responsible for the purchases of the items listed on the individual bids. Purchases will be made on an as needed basis. Alternatives:Not to award and make purchases per the Augusta Procurement Code. Recommendation:The Procurement Department recommendation is to Approve as submitted by the User Department and award the Annual Bid(s). Funds are Available in the Following Accounts: The user department will be responsible for funding their individual annual bid items. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Position Title Pay Grade Budgeted Base Salary for Pay Grade FICA Medicare HOSP & Dental Life GMEBS LTD Total Vacant From Vacant To Total Time/hrs Rate/hr (inc. benefits)Total Savings Accounting Technician 10 29,800 1,850 430 9,560 560 2,780 90 45,070 1/1/2022 9/3/2022 1,275 23.00$ 29,325.00$ Housing Inspector I 16 37,570 2,330 540 8,640 560 2,960 90 52,690 4/16/22 9/3/2022 712.0 27.00$ 19,224.00$ Housing Program Coordinator 18 40,160 2,490 580 4,620 370 2,800 90 51,110 4/2/2022 8/20/2022 750 26.20$ 19,650.00$ Community Development Coor II 11 31,090 1,930 450 4,500 370 2,840 90 41,270 7/9/22 10/28/2022 600 21.20$ 12,720.00$ Community Development Coordinator 22 31,090 1,930 450 9,560 560 2,590 100 46,280 7/9/2022 10/28/2022 600 23.70$ 14,220.00$ HCD Program Coordinator 10 29,800 1,850 430 9,560 560 3,230 100 45,530 7/9/2022 8/20/2022 225 23.30$ 5,242.50$ TOTAL SAVINGS FOR FY 2022 100,381.50$ HCD FUND 51 SAVINGS FOR FY2022 Administrative Services Committee Meeting 10/25/2022 1:05 PM HCD_ Budget Transfer Approval 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 transfer budget funds of $50,000 from object code 5111110 to object code 5239112 temporary workforce expenditures. Background:For FY2022, HCD has a total of twenty-five (25) budgeted positions. HCD experienced delays in permanent onboarding due to a) departmental demands; b) staff transition and; c) the addition of new programs and funding sources. Presently, to maintain productivity and departmental demands, temporary staff workers assumed the duties of vacant positions that were budgeted for FY2022. Permanent staff are paid from the salaries and wages line item; however, having used temporary workers, these funds are being paid from HCD’s operational line item 221073110 | 523911 Temporary Workers. This has negatively impacted HCD’s operational budget due to the utilization of operating funds to pay budgeted salary related activities. Analysis:The approval of this request will enable HCD to replenish its 2022 budget operating account, by an estimated amount of $50,000 to further the financial support to temporary staffing for HCD. Financial Impact:HCD expensed FY2022 wages for temporary workers' from the "Temporary Workers" line item on the General Ledger. Due to delays in onboarding of permanent staff, these temporary workers’ wages have, to date, been expensed from HCD General Funds budget. Currently, temporary workers is over budget $37,903.35 with approximately $12,096.65 in anticipated expenditures for the incurred cost of temporary workers for the remainder of FY2022. As these funds are currently allocated to HCD’s Salaries and Wages line item, HCD is requesting that these funds be reallocated to the Temporary Workers budget line item on the General Ledger. To ensure correct reporting and proper budget management, HCD expenses must reflect the anticipated actual use of the $50,000 above for continued operations. This request represents a zero net- sum adjustment to HCD overall Operational Budget. Alternatives:Do not approve HCD’s motion to approve the transfer of funds Recommendation: Motion to approve Housing and Community Development (HCD) Department’s request to transfer budget funds of $50,000 from account 5111110 to account 5239112 to support temporary workforce expenditures. Funds are Available in the Following Accounts: HCD General Funds – Total amount requested $50,000 (HCD General Fund 221073110- 5111110 to HCD General Fund 221073110- 5239112) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber - l0II1,12022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Hasan, Chairman; Scott, Vice Chairman;Frantom and B. Williams, members. 1. Motion to approve the purchase of one 2022 Kubota SLY97-2 Compact Tracked Steer Loader at a total Item cost of $77,295.00 to include the optional heavy duty rotary cutter attachment from J & B Tractor of Action: Augusta, GA (Bid 22-264) for the Richmond County Sheriff s Office-Training Range. Approved Motions Y:tl" Motion Text Made By seconded By Motion'f'ype - ---- -J ----"--- -r Result Motion to commissioner Bobby Commisioner Sean hApprove u?5l,oo]r"aurses 4-0. williams Frantom Passes v 2. Discuss the proposed Gold Cross Contract. (Referred from October 4 Commission meeting) Item Action: Approved Motions Motion Motion Text Made By seconded By fl:tjilrype Motion to approve the following items regarding the Gold Cross contract: remove the QRV for Gold Cross, set the term ofthe contract for three years with two one-year renewal terms approved by the Commission, remove the six months for Gold Cross to come into compliance for ambulances or Commissioner Approve QRVs with complianceio be from the first day of Bobby flTH:'i"":T passes the contract; remove the provision for Gold Cross Williams to subcontract any part ofthis contract out; pay for the subsidy on a monthly basis, start the contract on January l, 2023 and provide a subsidy of $900,000 to Gold Cross. Mr. Frantom votes No. Motion Passes 3-1. 3. Approve award of contract P.FQ 22-272 to prepare Construction Documents for construction of New Item RCCI to IPG, Incorporated - Architects & Planners of Valdosta, GA in the amount of $82,500 for Phase I Action: (preliminary design) and 7o/o of construction costs for Phase II. Approved Motions Motion Motion Text Made By Type Motion toApprove approve. Motion Passes 4-0. Commisioner Sean passes rrantom Commissioner Bobby Williams Seconded By Seconded By Seconded By Seconded By Motion Result Motion Result Motion Result Motion Result Item Action: Approved Item Action: Approved Item Action: Approved 4. Motion to Approve Augusta, Georgia's acceptance of Emergency Solutions Grant Reallocated funds from the U.S. Department of Housing and Urban Development (FIUD) in the amount of $301,400 .57 to provide funding for services to residents experiencing, or at-risk of experiencing, homelessness and instruct the Finance Department to add available funding to HCDs budget (upon receipt) for immediate use and implementation. Motions Motion =--'-- Motion Textrype Motion toApprove approve. Motion Passes 4-0. Made By Commissioner Bobby Williams Commisioner Sean PassesFrantom 5. Motion to approve five (5) Rehabilitation Projects in partnership with Legacy 4 Construction (3) and Butler's Home Improvement (2). Motions Motion ="-'"- Motion Text'rype Motion toApprove approve. Motion Passes 4-0. Made By Commissioner Bobby Williams Commisioner SeanFrantom Passes 6. Motion to approve the minutes of the Administrative Services Committee held on September 13,2022. Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 4-0. Made By Commissioner Bobby Williams Commisioner Sean- Passest rantom www.augustaga.gov Administrative Services Committee Meeting 10/25/2022 1:05 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on October 11, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA GEORGIA LAND BANKAUTHORITY AND AUGUSTA, GEORGIA MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this ___________ day of ___________ 2022 (the "Effective Date") between Augusta Land Bank Authority("AGLBA"), a non-profit corporation organized under the laws of the State of Georgia located at 1450 Greene Street, Suite #80, Augusta, Georgia, and Augusta, Georgia ("Augusta"), a political subdivision of the State of Georgia, known collectively as the "Parties," for the distribution of $1,000,000.00 of American Rescue Plan ("ARP") funds. WHEREAS, on xxxx, 2022, the Augusta-Richmond County Commission approved that $1,000,000.00 of American Rescue Plan funds be distributed to the AGLBA for the purpose of returning nontax generating properties to a productive use in Augusta, Georgia; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES DESCRIBED IN THIS MOU, THE ADEQUACY AND SUFFICIENTCY OF WHICH EACH PARTY ACKNOWLEDGES, EACH OF THE PARTIES AGREE AS FOLLOWS: 1. Scope. Augusta will provide ARP funds to the AGLBA for the purpose of returning nontax generating properties to a productive use in disproportionality impacted communities. 2. Responsibilities of Augusta. a. Augusta shall provide $1,000,000.00 of ARP funds to the AGLBA, in a manner and at a time of Augusta's discretion based upon the below schedule. Payment 1: $500,000 FY2022 Payment 2: $500,000 FY2023 3. Responsibilities of the AGLBA. The AGLBA will utilize the allocated ARP Funds to: a. execute barment of right to redeem of selected properties acquired by Non-judicial sale; b. Renovate properties for the purpose of resale to eligible homeowners; c. Clearance and maintenance of lots for purpose of improvement of active development nodes in neighborhoods; d. Demolition of select properties beyond rehab standards to remove nuisance properties from streetscape; e. Administrative costs associated with program management and project oversight i. The expenditure of ARP funds shall at all times comply with federal and state law, rules, or regulations. The AGLBA is solely responsible for ensuring that all expenditures of ARP funds are as directed by law. The AGLBA shall request to Augusta if any training or guidance is required as to those rules or regulations indicated in this subsection. ii. Augusta, in its sole discretion, may withhold approval of certain expenditures of ARP funds if such an expenditure is ot within those guidelines as described in this MOU. Augusta has the right to retroactively determine that an expenditure of ARP funds was not within the above guidelines. In such a case, the AGLBA shall set aside the equivalent value of non-ARP funds, and make such accounting in its monthly report. f. Account for all ARP Funds on the first of every calendar month. The manner of the accounting, the form of the report, to whom such a report is transmitted, and other such details as to account for all appropriated money under this MOU shall be at the sole discretion of Augusta. g. Provide a monthly report as to the AGLBA's activities. The form of the report, to whom such a report is transmitted, and other such details of the report shall be at the sole discretion of Augusta. 4. Term and Termination. a. The term of this MOU commences on the Effective Date hereof and terminates absolutely and without further obligation on the part of Augusta, Georgia each and every December 31st, unless terminated earlier in accordance with the termination provisions of the MOU. The term of this MOU automatically renews on each January 1st, unless terminated in accordance with the termination provisions of the MOU. The term of this MOU shall terminate absolutely, with no further renewals, on December 31, 2025, unless extended by written amendment. b. This MOU may be terminated by Augusta, Georgia upon not less than seven (7) days' written notice. c. Regardless of any termination provision in this MOU, the responsibilities of the AGLBA to account for ARP funds and make monthly reports shall survive the termination of this MOU, until the complete and full expenditure of the entirety of the funds appropriated under this MOU. d. Default. Failure of the AGLBA, which has not been remedied or waived, to perform or other comply with a material condition of the MOU shall constitute default. Augusta may terminate this MOU in part or in whole upon written notice to AGLBA pursuant to this term. e. Lack of appropriations. If Augusta should not appropriate or otherwise receive funds sufficient to maintain this services set forth in this MOU, Augusta may unilaterally terminate this MOU effective on the final day of the fiscal year through which funding is available. In the event of termination due to a lack of appropriations, Augusta shall pay for all undisputed fees and expenses related to the services Augusta has received, or Augusta has incurred or delivered, prior to the effective date of termination. 5. Notices. a. Notices shall be in writing and dated to the postmarks of the notices, to the addresses as specified on the signature page. 6. Indemnification a. Nothing in this MOU shall constitute a waiver of Augusta's sovereign immunity, by contract or otherwise. b. Except as otherwise provided in this MOU, the AGLBA shall indemnify and hold harmless Augusta, its officers, employees from and against all liabilities, damages, losses, and expenses, including attorneys' fees (if recoverable under applicable law). 7. General Terms a. The law of the State of Georgia shall govern the MOU between Augusta and AGLBA with regard to its interpretation and performance, and any other claims related to this MOU. All claims, disputes, and other matters in question between Augusta and AGLBA arising out of relating to the MOU, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. AGLBA, by executing this MOU, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. b. Georgia Open Records Act. The AGLBA warrants that it has reviewed O.C.G.A. § 50-18-71 et seq. and acknowledged that Augusta is an "agency" pursuant to O.C.G.A. § 50-18-70(b}(1 ). AGLBA acknowledges and understands that any work generated under this MOU may be contained in a "public record" as defined by O.C.G.A. § 50-18-70(b)(2). AGLBA releases and holds harmless Augusta and its officers, employees, and agents from and against all liabilities, claims, suits, demands, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the disclosure of information in this article due to the failure of AGLBA to provide an affidavit as described in O.C.G.A. § 50- 18-72(a)(34). c. Neither Augusta nor the AGLBA shall assign, sublet or transfer their interest in this MOU without the written consent of the other. d. Nothing contained in this MOU shall create a contractual relationship with, or a cause of action in favor of, a third party against either Augusta or the AGLBA. e. Georgia Prompt Pay Act. The terms of this MOU superseded any and all provisions of the Georgia Prompt Pay Act. f. The AGLBA acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, AGLBA is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of AGLBA's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the AGLBA may be precluded from recovering payment for such unauthorized goods or services. Accordingly, AGLBA agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the AGLBA provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by AGLBA. AGLBA assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. g. Augusta, Georgia may unilaterally, upon written notice, demand that a temporary and immediate stopping of the work under this MOU be done. h. Force Majeure. "Force Majeure Event" means any act or event that (a) prevents a party (the "Nonperforming Party") from performing its obligations or satisfying a condition to the other party's (the "Performing Party") obligations under this MOU, (b) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (c) the Nonperforming Party has not, through commercially reasonable efforts, been able to avoid or overcome. If a Force Majeure Event occurs, the Nonperforming Party is excused from the performance thereby prevented and from satisfying any conditions precedent to the other party's performance that cannot be satisfied, in each case to the extent limited or prevented by the Force Majeure Event. When the Nonperforming Party is able to resume its performance or satisfy the conditions precedent to the other party's obligations, the Nonperforming Party shall immediately resume performance under this MOU. The relief offered by this paragraph is the exclusive remedy available to the Performing Party with respect to a Force Majeure Event. A Force Majeure Event includes, but is not limited to: epidemics, pandemics, declared national, state, local states of emergency, hurricanes, tornadoes, floods, severe and unexpected acts of nature, or the availability of funds in the budget of Augusta. i. Prohibition on Contingent Fees. AGLBA warrants that no person or selling agency has been employed or retained to solicit or secure this MOU upon an MOU or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by AGLBA for the purpose of securing business and that AGLBA has not received any non- Augusta fee related to this MOU without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this MOU without liability or at its discretion to deduct from the MOU Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. j. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number as evidence of verification of compliance with O.C.G.A § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. k. Right to Inspect. Augusta, Georgia, may at reasonable times, inspect the place of business, or work site of AGLBA or any subcontractor of AGLBA or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. I. Entire MOU. This MOU constitutes the final MOU between the parties. It is the complete and exclusive expression of the parties' MOU on the matters contained in this MOU. All prior and contemporaneous negotiations and MOUs between the parties on the matters contained in this MOU are expressly merged into and superseded by this MOU. The provisions of this MOU cannot be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this MOU, neither party has relied upon any statement, representation, warranty or MOU of any other party except for those expressly contained in this MOU. There are no conditions precedent to the effectiveness of this MOU, other than any that are expressly stated in this MOU. This MOU may be amended only by written instrument signed both by Augusta and AGLBA. m. Severability. If any term or provision of this MOU is held invalid or unenforceable, the remainder of this MOU will be considered valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the Parties state and affirm that they are duly authorized to bind the respected entities designated below as of the day and year indicated. IN WITNESS WHEREOF, a duly authorized representative of each party has executed this MOU as of the date(s) set forth below. Augusta Georgia Land Bank Authority Augusta, Georgia ____________________________ ___________________________ Shawn Edwards, Executive Director Mayor Hardie Davis, Jr. ____________________________ ___________________________ Date Date Attest: _______________________ Lena Bonner, Clerk of Commission Address for Notices Address for Notices Augusta Georgia Land Bank Authority Augusta, Georgia 535 Telfair Street, Suite 200 Augusta, Ga 30901 Attn: Mayor Hardie Davis, Jr With copies to: Augusta Law Department 535 Telfair Street, Bldg 300 Augusta, Ga 30901 Office of the Administrator 535 Telfair Street, Suite 910 Augusta, Ga 30901 Administrative Services Committee Meeting 10/25/2022 1:05 PM Land Bank MOU Department:Administrator's Office Presenter:Takiyah A. Douse Caption:Motion to approve the execution of the attached MOU in the amount of $1M to the Augusta Georgia Land Bank. Background:The Augusta Commission approved $500K for FY 2022 and $500k for FY 2023 to the Land Bank for blighted property demolition, lot maintenance and land acquisition to assist with development activities. Analysis:Quality of life was deemed a Commission priority for both FY2022 and FY2023. Funding programs that address blighted areas was expressed and approval was received through ARP to accomplish this task. Financial Impact:$1M American Rescue Plan Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission