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HomeMy WebLinkAbout2022-11-29-Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 11/29/2022 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 purchase of 30 Dodge Police Charger, bid #22-289 at a total cost of $1,268,357 from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office. 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 Ben Hasan Passes 2. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within Laney Walker/Bethlehem. 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 Ben Hasan Passes 3. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within Laney Walker/Bethlehem. 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 Ben Hasan Passes 4. Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). This service is necessary to meet Augusta’s obligations to Augusta’s Continuum of Care (CoC) / Emergency Solutions Grant (ESG) requirements set forth by the U.S. Department of Housing and Urban Development (HUD). 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 Ben Hasan Passes 5. Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for architectural drawings for the new construction of one (1) single-family home identified as 1327 Eleventh Street, within Laney Walker/Bethlehem. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the deletion of item #7 on page two. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 6. Motion to approve the minutes of the Administrative Services Committee held on November 8, 2022.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 Ben Hasan Passes 7. Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 for lighting design of Jamestown Park and approve the reallocation of $205,000.00 from Fleming Tennis Center SPLOST 6 account to SPLOST 6 Jamestown Park account. Reference ITB 17-276 / PO # 18REC415 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 Ben Hasan Passes 8. Motion to approve the following annual bid item due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item for Engineering and Environmental Services: 23-020 Concrete 23-037 Street Light Poles & Fixtures 23-048A Weed & Vegetation Control 23-049 Street Light Ballast Kits & Bulbs 23-053 Welding & Fabrication 23-099 Thermoplastic Traffic Marking 23-105 Roll-Off Recycling & Storage Containers 23-116 Various Pipe, Coupling & End Sections 23-117A Ferguson Waterworks Engineering 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 Ben Hasan Passes 9. Consider a request from Mr. Milledge Murray on behalf of the Heritage Committee of the Arts and Heritage Center of North Augusta. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Commissioner Bobby Williams Commisioner Sean Frantom It was the consensus of the committee that this item be deleted without objection. 10. Motion to approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way utilized for Misdemeanor Probation Services. 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 Ben Hasan Passes 11. Motion to approve the second one-year renewal of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. 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 Ben Hasan Passes 12. A motion to approve the Human Resources Department to enter into a third-party agreement for the Affordable Cares Act (ACA) Compliance requirements. 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 Ben Hasan Passes 13. Request to purchase two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one for Housing and Community Development. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commisioner Sean Frantom Commissioner Ben Hasan Passes Motion to approve. Motion Passes 4-0. 14. Approve the Information Technology Department’s Reorganization to include Reduction in Force (RIF) if necessary. 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 Francine Scott Passes 15. Receive as information a report from the Interim Administrator and General Counsel of their findings after meeting with the RCSO. (Requested by the Interim Administrator) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the Administrator to make inquiries about this matter to other cities in Georgia. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Ben Hasan Passes www.augustaga.gov Administrative Services Committee Meeting 11/29/2022 1:20 PM Attendance 11/29/22 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ASSET #YEAR/MAKE/MODEL VIN #DIVISION MILEAGE F02321 2003 Ford Crown Victoria 2FAHP71W83X168667 CID 143,714 211160 2012 Chevrolet Impala 2G1WD5E30C1171668 CID 143,539 208105 2008 Chevrolet Impala 2G1WS553981332290 CID 138,698 212013 2012 Chevrolet Impala 2G1WD5E32C1267396 CID 138,568 210066 2010 Chevrolet Impala 2G1WD5EM5A1249366 CID 131,016 210065 2010 Chevrolet Impala 2G1WD5EM5A1246659 CID 129,144 210301 2011 Ford Crown Victoria 2FABP7BV4BX121954 ROAD PATROL/TRAFFIC 198,643 214113 2014 Dodge Charger 2C3CDXAT9EH348146 ROAD PATROL/TRAFFIC 195,623 207015 2007 Ford Crown Victoria 2FAFP71W87X160257 ROAD PATROL/TRAFFIC 194,486 213066 2013 Dodge Charger 2C3CDXAT7DH694758 ROAD PATROL/TRAFFIC 193,443 214093 2014 Dodge Charger 2C3CDXAT8EH348123 ROAD PATROL/TRAFFIC 192,340 212035 2013 Ford Taurus 1FAHP2M8XDG119204 ROAD PATROL/TRAFFIC 191,819 210313 2011 Ford Crown Victoria 2FABP7BV9BX120587 ROAD PATROL/TRAFFIC 191,663 212051 2013 Ford Taurus 1FAHP2M84DG124575 ROAD PATROL/TRAFFIC 190,924 215078 2015 Dodge Charger 2C3CDXATXFH902084 ROAD PATROL/TRAFFIC 189,031 210280 2011 Ford Crown Victoria 2FABP7BV7BX121933 ROAD PATROL/TRAFFIC 188,825 213072 2013 Dodge Charger 2C3CDXAT0DH696321 ROAD PATROL/TRAFFIC 181,425 209051 2009 Ford Crown Victoria 2FAHP71V99X135855 ROAD PATROL/TRAFFIC 179,264 210310 2011 Ford Crown Victoria 2FABP7BV3BX120584 ROAD PATROL/TRAFFIC 179,084 210081 2010 Ford Crown Victoria 2FABP7BV7AX138732 ROAD PATROL/TRAFFIC 177,956 213071 2013 Dodge Charger 2C3CDXAT9DH696320 ROAD PATROL/TRAFFIC 176,182 210281 2011 Ford Crown Victoria 2FABP7BV9BX121934 ROAD PATROL/TRAFFIC 176,100 210312 2011 Ford Crown Victoria 2FABP7BV7BX120586 ROAD PATROL/TRAFFIC 175,437 210102 2010 Ford Crown Victoria 2FABP7BV2AX138752 ROAD PATROL/TRAFFIC 174,222 209059 2009 Ford Crown Victoria 2FAHP71V49X135214 ROAD PATROL/TRAFFIC 169,869 209060 2009 Ford Crown Victoria 2FAHP71V69X135215 ROAD PATROL/TRAFFIC 168,989 209066 2009 Ford Crown Victoria 2FAHP71V49X135861 ROAD PATROL/TRAFFIC 167,309 215083 2015 Dodge Charger 2C3CDXATXFH914767 ROAD PATROL/TRAFFIC 164,646 212225 2012 Dodge Charger 2C3CDXATXCH316206 ROAD PATROL/TRAFFIC 163,248 213057 2013 Dodge Charger 2C3CDXAT6DH694749 ROAD PATROL/TRAFFIC 162,968 212034 2013 Ford Taurus 1FAHP2M88DG119203 ROAD PATROL/TRAFFIC 162,776 210283 2011 Ford Crown Victoria 2FABP7BV2BX121936 ROAD PATROL/TRAFFIC 162,223 208064 2009 Ford Crown Victoria 2FAHP71VX9X101374 ROAD PATROL/TRAFFIC 162,201 212059 2013 Ford Taurus 1FAHP2M83DG124583 ROAD PATROL/TRAFFIC 162,200 212049 2013 Ford Taurus 1FAHP2M82DG123411 ROAD PATROL/TRAFFIC 161,440 212057 2013 Ford Taurus 1FAHP2M8XDG124581 ROAD PATROL/TRAFFIC 159,540 213070 2013 Dodge Charger 2C3CDXAT2DH696319 ROAD PATROL/TRAFFIC 158,051 214116 2014 Dodge Charger 2C3CDXAT4EH348149 ROAD PATROL/TRAFFIC 157,615 213085 2013 Dodge Charger 2C3CDXATXDH706949 ROAD PATROL/TRAFFIC 157,548 207045 2007 Ford Crown Victoria 2FAFP71W37X158903 ROAD PATROL/TRAFFIC 156,844 212061 2013 Ford Taurus 1FAHP2M87DG124585 ROAD PATROL/TRAFFIC 156,584 215076 2015 Dodge Charger 2C3CDXAT4FH902081 ROAD PATROL/TRAFFIC 155,881 213053 2013 Chevrolet Impala 2G1WD5E36D1258329 ROAD PATROL/TRAFFIC 155,819 216138 2016 Dodge Charger 2C3CDXAT8GH347489 ROAD PATROL/TRAFFIC 154,832 213082 2013 Dodge Charger 2C3CDXAT8DH706951 ROAD PATROL/TRAFFIC 154,466 212048 2013 Ford Taurus 1FAHP2M80DG123410 ROAD PATROL/TRAFFIC 153,590 205096 2006 Ford Crown Victoria 2FAFP71W16X104434 ROAD PATROL/TRAFFIC 153,090 210309 2011 Ford Crown Victoria 2FABP7BV1BX120583 ROAD PATROL/TRAFFIC 152,294 214114 2014 Dodge Charger 2C3CDXAT0EH348147 ROAD PATROL/TRAFFIC 151,385 212044 2013 Ford Taurus 1FAHP2M89DG123406 ROAD PATROL/TRAFFIC 151,017 206041 2006 Ford Crown Victoria 2FAFP71W46X148850 ROAD PATROL/TRAFFIC 149,665 209052 2009 Ford Crown Victoria 2FAHP71V09X135856 ROAD PATROL/TRAFFIC 148,986 215081 2015 Dodge Charger 2C3CDXAT3FH906879 ROAD PATROL/TRAFFIC 148,947 212072 2013 Ford Taurus 1FAHP2M87DG119287 ROAD PATROL/TRAFFIC 147,930 214119 2014 Dodge Charger 2C3CDXAT4EH348152 ROAD PATROL/TRAFFIC 147,094 212046 2013 Ford Taurus 1FAHP2M82DG123408 ROAD PATROL/TRAFFIC 145,574 208071 2009 Ford Crown Victoria 2FAHP71V79X101381 ROAD PATROL/TRAFFIC 145,436 214105 2014 Dodge Charger 2C3CDXAT1EH348156 ROAD PATROL/TRAFFIC 144,458 212036 2013 Ford Taurus 1FAHP2M81DG119205 ROAD PATROL/TRAFFIC 144,124 212055 2013 Ford Taurus 1FAHP2M81DG124579 ROAD PATROL/TRAFFIC 143,272 209057 2009 Ford Crown Victoria 2FAHP71V09X135212 ROAD PATROL/TRAFFIC 141,845 214088 2014 Dodge Charger 2C3CDXAT0EH343790 ROAD PATROL/TRAFFIC 140,707 214091 2014 Dodge Charger 2C3CDXAT2EH343791 ROAD PATROL/TRAFFIC 137,128 213084 2013 Dodge Charger 2C3CDXAT8DH706948 ROAD PATROL/TRAFFIC 136,687 215085 2015 Dodge Charger 2C3CDXAT6FH902079 ROAD PATROL/TRAFFIC 136,348 213080 2013 Dodge Charger 2C3CDXAT3DH706954 ROAD PATROL/TRAFFIC 136,315 214104 2014 Dodge Charger 2C3CDXAT8EH348137 ROAD PATROL/TRAFFIC 136,185 213064 2013 Dodge Charger 2C3CDXAT3DH694756 ROAD PATROL/TRAFFIC 135,492 217118 2017 Dodge Charger 2C3CDXAT1HH625327 ROAD PATROL/TRAFFIC 134,279 216142 2016 Dodge Charger 2C3CDXATXGH347493 ROAD PATROL/TRAFFIC 133,671 212073 2013 Ford Taurus 1FAHP2M89DG119288 ROAD PATROL/TRAFFIC 131,850 215074 2015 Dodge Charger 2C3CDXAT2FH902077 ROAD PATROL/TRAFFIC 130,948 209079 2009 Ford Crown Victoria 2FAHP71V69X136512 ROAD PATROL/TRAFFIC 129,994 215086 2015 Dodge Charger 2C3CDXAT1FH914768 ROAD PATROL/TRAFFIC 129,926 213075 2013 Dodge Charger 2C3CDXAT6DH696324 ROAD PATROL/TRAFFIC 129,382 214099 2014 Dodge Charger 2C3CDXATXEH348155 ROAD PATROL/TRAFFIC 129,142 215077 2015 Dodge Charger 2C3CDXAT8FH902083 ROAD PATROL/TRAFFIC 126,058 214117 2014 Dodge Charger 2C3CDXAT0EH348150 ROAD PATROL/TRAFFIC 125,992 213083 2013 Dodge Charger 2C3CDXAT6DH706950 ROAD PATROL/TRAFFIC 125,913 206040 2006 Ford Crown Victoria 2FAFP71W66X148851 TRAINING RANGE 205,008 214089 2014 Dodge Charger 2C3CDXAT4EH343792 TRAINING RANGE 193,344 210094 2010 Ford Crown Victoria 2FABP7BV5AX138745 TRAINING RANGE 191,230 206082 2007 Ford Crown Victoria 2FAFP71W57X127457 TRAINING RANGE 190,813 210284 2011 Ford Crown Victoria 2FABP7BV4BX121937 TRAINING RANGE 187,999 204183 2005 Ford Crown Victoria 2FAFP71W85X108866 TRAINING RANGE 184,823 210078 2010 Ford Crown Victoria 2FABP7BV7AX138729 TRAINING RANGE 183,075 208067 2009 Ford Crown Victoria 2FAHP71V59X101377 TRAINING RANGE 181,566 210092 2010 Ford Crown Victoria 2FABP7BV1AX138743 TRAINING RANGE 180,108 205106 2006 Ford Crown Victoria 2FAFP71W06X104425 TRAINING RANGE 176,726 208066 2009 Ford Crown Victoria 2FAHP71V39X101376 TRAINING RANGE 175,587 208054 2009 Ford Crown Victoria 2FAHP71V09X100427 TRAINING RANGE 173,837 210306 2011 Ford Crown Victoria 2FABP7BV3BX121959 TRAINING RANGE 170,840 205105 2006 Ford Crown Victoria 2FAFP71W56X104422 TRAINING RANGE 168,815 208078 2009 Ford Crown Victoria 2FAHP71VX9X101388 TRAINING RANGE 168,519 210086 2010 Ford Crown Victoria 2FABP7BV6AX138737 TRAINING RANGE 167,530 209061 2009 Ford Crown Victoria 2FAHP71V89X135216 TRAINING RANGE 166,426 210305 2011 Ford Crown Victoria 2FABP7BV1BX121958 TRAINING RANGE 164,153 210083 2010 Ford Crown Victoria 2FABP7BV0AX138734 TRAINING RANGE 160,091 208079 2008 Ford Crown Victoria 2FAFP71VX8X168806 TRAINING RANGE 159,682 f02312 2003 Ford Crown Victoria 2FAHP71W33X173520 TRAINING RANGE 158,651 204204 2005 Ford Crown Victoria 2FAFP71W75X108891 TRAINING RANGE 158,361 210084 2010 Ford Crown Victoria 2FABP7BV2AX138735 TRAINING RANGE 158,070 210042 2010 Chevrolet Impala 2G1WD5EM6A1233421 TRAINING RANGE 152,569 214120 2014 Dodge Charger 2C3CDXAT6EH348153 TRAINING RANGE 152,157 207036 2007 Ford Crown Victoria 2FAFP71W37X160280 TRAINING RANGE 143,757 206206 2007 Chevrolet Impala 2G1WS55R779244343 TRAINING RANGE 139,195 210067 2010 Chevrolet Impala 2G1WD5EM2A1246988 ADMINISTRATION 136,944 207046 2007 Ford Crown Victoria 2FAFP71W57X158904 CIVIL AND FUGITIVE 264,104 205080 2005 Ford Crown Victoria 2FAFP71W85X177525 CIVIL AND FUGITIVE 248,855 207047 2007 Ford Crown Victoria 2FAFP71W77X158905 CIVIL AND FUGITIVE 235,858 209056 2009 Ford Crown Victoria 2FAHP71V99X135211 CIVIL AND FUGITIVE 232,021 210275 2011 Ford Crown Victoria 2FABP7BV2BX120589 CIVIL AND FUGITIVE 223,309 210274 2011 Ford Crown Victoria 2FABP7BV0BX120588 CIVIL AND FUGITIVE 208,890 212068 2013 Ford Interceptor 1FAHP2L80DG124574 CIVIL AND FUGITIVE 205,507 208070 2009 Ford Crown Victoria 2FAHP71V59X101380 CIVIL AND FUGITIVE 204,749 210097 2010 Ford Crown Victoria 2FABP7BV0AX138748 CIVIL AND FUGITIVE 204,689 208072 2009 Ford Crown Victoria 2FAHP71V99X101382 CIVIL AND FUGITIVE 202,524 210304 2011 Ford Crown Victoria 2FABP7BVXBX121957 CIVIL AND FUGITIVE 186,186 210099 2010 Ford Crown Victoria 2FABP7BV8AX138724 CIVIL AND FUGITIVE 180,893 210291 2011 Ford Crown Victoria 2FABP7BV1BX121944 CIVIL AND FUGITIVE 177,475 211209 2011 Ford Crown Victoria 2FABP7BV5BX172573 CIVIL AND FUGITIVE 169,827 F02325 2003 Ford Crown Victoria 2FAHP71WX3X173515 CIVIL AND FUGITIVE 167,602 204147 2005 Ford Crown Victoria 2FAFP71W55X108890 CIVIL AND FUGITIVE 163,659 210077 2010 Ford Crown Victoria 2FABP7BV5AX138728 CIVIL AND FUGITIVE 159,877 210074 2010 Ford Crown Victoria 2FABP7BVXAX138725 CIVIL AND FUGITIVE 159,673 208100 2008 Chevrolet Impala 2G1WS553781328352 CIVIL AND FUGITIVE 151,233 203062 2003 Ford Crown Victoria 2FAFP71W43X220576 CIVIL AND FUGITIVE 143,660 210308 2011 Ford Crown Victoria 2FABP7BV2BX122388 CIVIL AND FUGITIVE 143,240 212204 2013 Ford Taurus 1FAHP2M81DG113470 CIVIL AND FUGITIVE 141,199 Invitation to Bid Sealed bids will be received at this office until Thursday, September 29, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 862 0863 3243; Passcode: 336929 for furnishing: Bid Item #22-289 Dodge Police Charger for Augusta, GA – Central Services Department – Fleet Management 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 be obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, September 27, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 15, 22, 26, 2022 Metro Courier September 15, 2022 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Attachment B Yes E-Verify Number 369935 SAVE Form Yes BIDDER OFFER Year:2023 Make:Dodge Model:Charger 5.01 Administrative Package - Police Model Charger Option 1 $36,833.00 5.01 Administrative Package - Police Model Charger Option 2 NB 5.01 Administrative Package - Police Model Charger Option 3 NB 5.02 Civil Package - Police Model Charger Option 1 $37,873.00 5.02 Civil Package - Police Model Police Model Charger Option 2 NB 5.02 Civil Package - Police Model Police Model Charger Option 3 NB Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 VEHICLE/OPTIONS REQUIRED Page 1 of 4 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 5.03 Marshal Package - Police Model Charger Option 1 $40,946.00 5.03 Marshal Package - Police Model Police Model Charger Option 2 NB 5.03 Marshal Package - Police Model Police Model Charger Option 3 NB 5.04 Patrol Package V8 - Police Model Charger Option 1 $44,117.00 5.04 Patrol Package V8 - Police Model Police Model Charger Option 2 NB 5.04 Patrol Package V8 - Police Model Police Model Charger Option 3 NB 5.05 Traffic Package V8 - Police Model Charger Option 1 $44,507.00 5.05 Traffic Package V8 - Police Model Police Model Charger Option 2 NB 5.05 Traffic Package V8 - Police Model Police Model Charger Option 3 NB Page 2 of 4 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 5.06 Patrol Package V6 - Police Model Charger Option 1 $43,565.00 5.06 Patrol Package V6 - Police Model Police Model Charger Option 2 NB 5.06 Patrol Package V6 - Police Model Police Model Charger Option 3 NB 5.07 Traffic Package V6 - Police Model Charger Option 1 $43,955.00 5.07 Traffic Package V6 - Police Model Police Model Charger Option 2 NB 5.07 Traffic Package V6 - Police Model Police Model Charger Option 3 NB 5.08 Narcotics Package - Police Model Charger Option 1 $38,948.00 5.08 Narcotics Package - Police Model Police Model Charger Option 2 NB 5.08 Narcotics - Police Model Police Model Charger Option 3 NB 6.00 OPTIONAL ITEMS Page 3 of 4 OFFICIAL Bid Opening Item #22-289 2021 Dodge Charger Automobile Police Model for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Thursday, September 29, 2022 @ 11:00 a.m. VENDORS Thomson Motor Center 2158 Washington Road NE P.O. Box 847 Thomson, GA 30824 Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 14 Georgia Registry: 251 Total packages submitted: 1 Total Non-Compliant: 0 6.01 Pit Bar Option 1 $1,505.00 6.01 Pit Bar Option 2 NB 6.01 Pit Bar Option 3 NB Delivery Schedule 4-6 months from order Exceptions Please see exceptions noted by vendor. Page 4 of 4 Administrative Services Committee Meeting 11/29/2022 1:20 PM 2022 - Public Safety Chargers ITB 22-289 Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve the purchase of 30 Dodge Police Charger, bid #22-289 at a total cost of $1,268,357 from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office. Background:The Richmond County Sheriff’s Office is requesting to purchase 27 Dodge Police Chargers for the following Divisions: · (20) Road Patrol vehicles · (2) Traffic vehicles · (4) Administrative vehicles · (1) Civil vehicles The Richmond County Marshal’s Office is requesting to purchase three Dodge Police Chargers. · (3) Marshal vehicles Fleet Management was informed that the Dodge Police Charger would have a short order period due to discontinued model. To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services - Fleet Management Division. With the current marketing conditions, there is a possibility Dodge manufacture can choose to not fulfil all orders due to low supply and high demand; however, the letter of intent will prioritize the cars and guarantee pricing for Augusta Richmond County. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the purchase. Fleet Management has provided a list of qualified replacement vehicles according to the Fleet Management Operations, Maintenance and Replacement Policy stating any public safety vehicles over 125k are eligible for replacement. Fleet Management recommends replacement of totaled or mechanically disposed vehicles before the vehicles over 125k to help avoid vehicle shortage within the various departments. Fleet has identified 23 out of 30 totaled or mechanically disposed vehicles that have been deemed needing replacement and the remaining seven replacements’ will be determined at the time of delivery depending upon various factors to include newly totaled, mechanically disposed vehicles or vehicles with mileage greater than 125k. Analysis:The Procurement Department published a competitive bid using the Demand Star application and Georgia Procurement Registry for 2023 Dodge Police Charger, bid #22-289. Thomson Motor Center was the only response received. The recommended is to award the item to Thomson Motor Center. Bid tab sheets are attached for review with the following package options: • 1 – Civil Package at $37,873 • 2 – Traffic Package V8 at $44,507/each = $89,014 • 3 – Marshal Package at $40,946/each = $122,838 • 4 – Administrative Package at $36,833/each = $147,332 • 20 – Patrol Package V6 at $43,565/each = $871,300 Financial Impact:Funding in the amount of $1,268,357 is available in the following accounts: • 330031310/222039002/54.22110 $868,253 (RCSO) • 330031310/222039004/54.22110 $38,552.00 (Marshal) • 330031310/222039007/54.22110 $339,460.00 (Replacement Vehicles) • 101-02-2611/1228118 $22,092.00 (Marshal Forfeiture Funds) Alternatives:(1) Approve (2) Do not approve Recommendation:Motion to approve the purchase of 30 Dodge Police Charger Police, bid #22-289 at a total cost of $1,268,357 from Thomson Motor Center for the Richmond County Sheriff’s Office and Marshal’s Office. Funds are Available in the Following Accounts: Funding in the amount of $1,268,357 is available in the following accounts: • 330031310/222039002/54.22110 $868,253 (RCSO) • 330031310/222039004/54.22110 $38,552.00 (Marshal) • 330031310/222039007/54.22110 $339,460.00 (Replacement Vehicles) • 101-02-2611/1228118 $22,092.00 (Marshal Forfeiture Funds) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department 1465 Brown Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE, LLC in the amount of $106,000 USD One Hundred and Six Thousand and 00/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1465 Brown Street THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and CAPITALRISE, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE, LLC” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, CAPITALRISE, LLC, a procured developer and contractor with HCD wishes to increase homeownership opportunities and preserve and increase the supply of workforce/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE, LLC for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE, LLC has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1465 Brown Street Contract Page 2 WHEREAS, CAPITALRISE, LLC has agreed to provide services funded through this contract free from political activities, religious influences, or requirements; and WHEREAS, CAPITALRISE, LLC has requested, and Augusta has approved a total of $212,000 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: CAPTITALRISE, LLC agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. CAPTITALRISE, LLC agrees to match Laney Walker/Bethlehem Bond funds 50% of total construction cost. Under this Agreement: • CAPTITALRISE, LLC will perform new construction for one (1) single family detached home identified as property number 1465 Brown Street. • CAPTITALRISE, LLC will perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta. • CAPTITALRISE, LLC will perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPTITALRISE, LLC is to provide a finish schedule with the specifications, brands, and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond funds shall be used by CAPITALRISE, LLC for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $106,000 1. Profit An amount not to exceed percent (50%) of the construction cost as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to CAPITALRISE, LLC for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1465 Brown Street. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1465 Brown Street. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 3 2. Developer’s Fee Disbursements Developer’s Fee shall be dispensed when construction is 100% completed and certificate of occupancy is received. Developer’s Fee is dispensed upon sale of the home at a rate of sixteen percent (16%). C. Program Location and Specific Goals to be Achieved CAPITALRISE, LLC shall conduct project development activities and related services in its project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by CAPITALRISE, LLC will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE, LLC shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT CAPITALRISE, LLC will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of HCD. In addition, and upon approval by Augusta, CAPITALRISE, LLC may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make funds available in the following manner: 1. Augusta agrees to pay CAPITALRISE, LLC, a maximum of $212,000 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CAPITALRISE, LLC’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of $212,000 and shall be on a pay for performance basis provided CAPITALRISE, LLC and HCD determine the progress is satisfactory. CAPITALRISE, LLC shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, CAPITALRISE, LLC will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. When nearing 50%, the developer, CAPITALRISE, LLC, should be prepared to pay 50%: $106,000. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 4 4. HCD will monitor the progress of the project and CAPITALRISE, LLC’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 5. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE, LLC and HCD shall share in the cost and proceeds of developing the residence at 1465 Brown Street as follows: 6. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 7. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE, LLC deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (50%) shall be paid to CAPITALRISE, LLC. 8. HCD will retain ten percent (5%) of an amount within the one hundred percent (100%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE, LLC and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE, LLC for construction costs related to the development of one single family detached home identified as 1465 Brown Street. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and CAPITALRISE, LLC in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities CAPITALRISE, LLC shall be permitted to commence with the expenditure of Laney Walker Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 120 days of said home identified as 1465 Brown Street. Liquidated Damages CAPITALRISE, LLC agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE, LLC. The Augusta Housing & Community Development Department 1465 Brown Street Contract Page 5 parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE, LLC. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses CAPITALRISE, LLC is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE, LLC under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 1465 Brown Street as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE, LLC shall be paid a total consideration of no more than $106,000 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta unless otherwise agreed to by Augusta and CAPITALRISE, LLC. Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE, LLC (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE VII: Suspension and Termination. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 6 ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to CAPITALRISE, LLC, or any subcontractor hereunder. B. CAPITALRISE, LLC shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE, LLC’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by CAPITALRISE, LLC for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. CAPITALRISE, LLC shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE, LLC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 1465 Brown Street, HCD is to provide CAPITALRISE, LLC with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE, LLC agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE, LLC. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Augusta Housing & Community Development Department 1465 Brown Street Contract Page 7 Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. CAPITALRISE, LLC in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by CAPITALRISE, LLC. In such instances, CAPITALRISE, LLC shall consult with HCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and CAPITALRISE, LLC. Statutes, regulations, guidelines, and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. CAPITALRISE, LLC agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE, LLC publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE, LLC agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE, LLC agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. CAPITALRISE, LLC agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE, LLC agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the Augusta Housing & Community Development Department 1465 Brown Street Contract Page 8 community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. CAPITALRISE, LLC agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. CAPITALRISE, LLC agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin. CAPITALRISE, LLC will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. I. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE, LLC will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE, LLC agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. CAPITALRISE, LLC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension, or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by HCD. L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE, LLC agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by CAPITALRISE, LLC for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of HCD in making the project possible. The words “Augusta, Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. CAPITALRISE, LLC shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private Augusta Housing & Community Development Department 1465 Brown Street Contract Page 9 property in performing any of the work embraced by this contract. CAPITALRISE, LLC agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE, LLC shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. P. CAPITALRISE, LLC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE, LLC agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. Q. 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 in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to HCD at the time the subcontractors are retained to perform such physical services. R. CAPITALRISE, LLC agrees that low and moderate income persons reside within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. S. CAPITALRISE, LLC agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. T. CAPITALRISE, LLC will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE, LLC will not discriminate against any person applying for shelter on the Augusta Housing & Community Development Department 1465 Brown Street Contract Page 10 basis of religion. CAPITALRISE, LLC will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect costs will only be paid if CAPITALRISE, LLC has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to CAPITALRISE, LLC with funds provided under this. W. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta, Georgia, as applicable. CAPITALRISE, LLC is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fees. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CAPITALRISE, LLC or any subcontractor of CAPITALRISE, LLC or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department ARTICLE VII. SUSPENSION AND TERMINATION A. In the event CAPITALRISE, LLC materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until CAPITALRISE, LLC cures any breach of the Agreement. If CAPITALRISE, LLC fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE, LLC will not be eligible to receive any other funding. B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to CAPITALRISE, LLC for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE, LLC for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE, LLC shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD funds previously disbursed or income derived therefrom. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 11 E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE, LLC under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Takiyah Douse, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 CAPITALRISE, LLC will receive all notices at the address indicated below: CAPITALRISE, LLC ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 ARTICLE IX. INDEMNIFICATION CAPITALRISE, LLC will at all times hereafter indemnify and hold harmless Augusta, its officers, agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation, or property, by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE, LLC specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors, and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 12 ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. HCD is not obligated to provide funding of any kind to CAPITALRISE, LLC beyond the term of this Agreement. CAPITALRISE, LLC warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CAPITALRISE, LLC for the purpose of securing business and that CAPITALRISE, LLC has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 13 C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form by (please initial here): Augusta, GA Law Department Date: ____________________ By: __________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah Douse, Interim City Administrator Date: _____________________ By: _________________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: CAPITALRISE, LLC By: _________________________ Owner _________________________ Owner Date: _______________________ Augusta Housing & Community Development Department 1465 Brown Street Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1465 Brown Street Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1465 Brown Street Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1465 Brown Street Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Antioch Ministries, Inc. -Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that CAPITALRISE, LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by CAPITALRISE, LLC. CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Name CAPITALRISE, LLC, Owner Augusta Housing & Community Development Department 1465 Brown Street Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE, LLC MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1465 Brown Street Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1465 Brown Street Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to CAPITALRISE, LLC in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the project. 3. With HCD approval, CAPITALRISE, LLC may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD and CAPITALRISE, LLC in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department 1465 Brown Street Contract Page 23 a. CAPITALRISE, LLC will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. CAPITALRISE, LLC must make sure contractors obtain and post all permits on job site. c. CAPITALRISE, LLC must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta, GA requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by HCD. Administrative Services Committee Meeting 11/29/2022 1:20 PM HCD_ Laney Walker/Bethlehem new construction of one (1) single family home 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 provide funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within Laney Walker/Bethlehem. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves the new construction of one (1) single family home identified as 1465 Brown Street, within Laney Walker/Bethlehem. Address Budget Project Type 1465 Brown Street $106,000 New Construction Augusta, GA 30901 Analysis:The approval of the contract will allow for development activities on this site to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract Amount 1465 Brown Street - $106,000 Alternatives:Deny HCDs Request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1465 Brown Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298- 07-7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department 1409 Maple Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And HONNÊTE HABITATS, LLC in the amount of $200,119.04 USD Two Hundred Thousand One Hundred Nineteen Dollars and 04/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1409 Maple Street THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and HONNÊTE HABITATS, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "HONNÊTE HABITATS, LLC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, HONNÊTE HABITATS, LLC., a procured developer and contractor with HCD wishes to increase homeownership opportunities and preserve and increase the supply of workforce/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with HONNÊTE HABITATS, LLC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, HONNÊTE HABITATS, LLC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1409 Maple Street Contract Page 2 WHEREAS, HONNÊTE HABITATS, LLC. has agreed to provide services funded through this contract free from political activities, religious influences, or requirements; and WHEREAS, HONNÊTE HABITATS, LLC. has requested, and Augusta has approved a total of $200,119.04 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: HONNÊTE HABITATS, LLC. agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. Under this Agreement: • HONNÊTE HABITATS, LLC. will perform new construction for one (1) single family detached home identified as property number 1409 Maple Street. • HONNÊTE HABITATS, LLC. will perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta. • HONNÊTE HABITATS, LLC. will perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. HONNÊTE HABITATS, LLC. is to provide a finish schedule with the specifications, brands, and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond funds shall be used by HONNÊTE HABITATS, LLC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $200,119.04 1. Profit An amount not to exceed percent (100%) of the construction cost as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to HONNÊTE HABITATS, LLC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1409 Maple Street. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). HCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1409 Maple Street. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 3 2. Developers Fee N/A 3. Developer’s Fee Disbursement Developer’s Fee shall be dispensed when construction is 100% completed and certificate of occupancy is received. Co-Developer’s Fee is dispensed upon sale of the home and should not exceed amount of (16%). C. Program Location and Specific Goals to be Achieved HONNÊTE HABITATS, LLC. shall conduct project development activities and related services in its project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by HONNÊTE HABITATS, LLC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, HONNÊTE HABITATS, LLC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT HONNÊTE HABITATS, LLC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of HCD. In addition, and upon approval by Augusta, HONNÊTE HABITATS, LLC. may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make funds available in the following manner: 1. Augusta agrees to pay HONNÊTE HABITATS, LLC., a maximum of $200,119.04 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to HONNÊTE HABITATS, LLC.’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of $200,119.04 and shall be on a pay for performance basis provided HONNÊTE HABITATS, LLC. and HCD determine the progress is satisfactory. HONNÊTE HABITATS, LLC. shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, HONNÊTE Augusta Housing & Community Development Department 1409 Maple Street Contract Page 4 HABITATS, LLC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. HCD will monitor the progress of the project and HONNÊTE HABITATS, LLC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. HONNÊTE HABITATS, LLC. and HCD shall share in the cost and proceeds of developing the residence at 1409 Maple Street as follows: 5. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any HONNÊTE HABITATS, LLC. deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (100%) shall be paid to HONNÊTE HABITATS, LLC. 7. HCD will retain ten percent (10%) of an amount within the one hundred percent (100%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until HONNÊTE HABITATS, LLC. and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by HONNÊTE HABITATS, LLC. for construction costs related to the development of one single family detached home identified as 1409 Maple Street. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and HONNÊTE HABITATS, LLC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities HONNÊTE HABITATS, LLC. shall be permitted to commence with the expenditure of Laney Walker Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 120 days of said home identified as 1409 Maple Street. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 5 Liquidated Damages HONNÊTE HABITATS, LLC. agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of HONNÊTE HABITATS, LLC. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of HONNÊTE HABITATS, LLC. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses HONNÊTE HABITATS, LLC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work or delaying of the work to be performed by HONNÊTE HABITATS, LLC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 1409 Maple Street as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. HONNÊTE HABITATS, LLC. shall be paid a total consideration of no more than $200,119.04 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta unless otherwise agreed to by Augusta and HONNÊTE HABITATS, LLC. Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT Augusta Housing & Community Development Department 1409 Maple Street Contract Page 6 The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and HONNÊTE HABITATS, LLC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE VII: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to HONNÊTE HABITATS, LLC., or any subcontractor hereunder. B. HONNÊTE HABITATS, LLC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to HONNÊTE HABITATS, LLC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by HONNÊTE HABITATS, LLC. for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. HONNÊTE HABITATS, LLC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by HONNÊTE HABITATS, LLC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 1409 Maple Street, HCD is to provide HONNÊTE HABITATS, LLC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest HONNÊTE HABITATS, LLC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of HONNÊTE HABITATS, LLC. No person described above who exercises, may exercise or has exercised any functions or responsibilities Augusta Housing & Community Development Department 1409 Maple Street Contract Page 7 with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. HONNÊTE HABITATS, LLC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by HONNÊTE HABITATS, LLC. In such instances, HONNÊTE HABITATS, LLC. shall consult with HCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and HONNÊTE HABITATS, LLC. Statutes, regulations, guidelines, and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. HONNÊTE HABITATS, LLC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in HONNÊTE HABITATS, LLC. publications and/or advertisements. (24 CFR 570.601). B. HONNÊTE HABITATS, LLC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. HONNÊTE HABITATS, LLC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. HONNÊTE HABITATS, LLC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta Housing & Community Development Department 1409 Maple Street Contract Page 8 Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), HONNÊTE HABITATS, LLC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. HONNÊTE HABITATS, LLC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. HONNÊTE HABITATS, LLC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin. HONNÊTE HABITATS, LLC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. I. HONNÊTE HABITATS, LLC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. HONNÊTE HABITATS, LLC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. HONNÊTE HABITATS, LLC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause J. In accordance with Section 570.608 of the CDBG Regulations, HONNÊTE HABITATS, LLC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. HONNÊTE HABITATS, LLC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension, or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by HCD. L. In accordance with 24 CFR part 24, subpart F, HONNÊTE HABITATS, LLC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or Augusta Housing & Community Development Department 1409 Maple Street Contract Page 9 distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by HONNÊTE HABITATS, LLC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of HCD in making the project possible. The words “Augusta, Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. HONNÊTE HABITATS, LLC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. HONNÊTE HABITATS, LLC. agrees to obtain all necessary permits for intended improvements or activities. O. HONNÊTE HABITATS, LLC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. P. HONNÊTE HABITATS, LLC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. HONNÊTE HABITATS, LLC. agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. Q. 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 in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to HCD at the time the subcontractors are retained to perform such physical services. R. HONNÊTE HABITATS, LLC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons Augusta Housing & Community Development Department 1409 Maple Street Contract Page 10 residing in Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. S. HONNÊTE HABITATS, LLC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. T. HONNÊTE HABITATS, LLC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. HONNÊTE HABITATS, LLC. will not discriminate against any person applying for shelter on the basis of religion. HONNÊTE HABITATS, LLC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect costs will only be paid if HONNÊTE HABITATS, LLC. has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to HONNÊTE HABITATS, LLC. with funds provided under this. W. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta, Georgia, as applicable. HONNÊTE HABITATS, LLC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fees. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of HONNÊTE HABITATS, LLC. or any subcontractor of HONNÊTE HABITATS, LLC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department ARTICLE VII. SUSPENSION AND TERMINATION A. In the event HONNÊTE HABITATS, LLC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta, Georgia may withhold cash payments until HONNÊTE HABITATS, LLC. cures any breach of the Agreement. If HONNÊTE HABITATS, LLC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. HONNÊTE HABITATS, LLC. will not be eligible to receive any other funding. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 11 B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to HONNÊTE HABITATS, LLC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay HONNÊTE HABITATS, LLC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, HONNÊTE HABITATS, LLC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by HONNÊTE HABITATS, LLC. under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Takiyah Douse, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 HONNÊTE HABITATS, LLC. will receive all notices at the address indicated below: HONNÊTE HABITATS, LLC. ATTN: Brea Elles 10001 NW 7th Street #829 Miami, FL 33136 Augusta Housing & Community Development Department 1409 Maple Street Contract Page 12 ARTICLE IX. INDEMNIFICATION HONNÊTE HABITATS, LLC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation, or property, by virtue of the performance of this Agreement. By execution of this Agreement, HONNÊTE HABITATS, LLC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors, and assigns, all jointly and severally under the terms of this Agreement. ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. HCD is not obligated to provide funding of any kind to HONNÊTE HABITATS, LLC. beyond the term of this Agreement. HONNÊTE HABITATS, LLC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by HONNÊTE HABITATS, LLC. for the purpose of securing business and that HONNÊTE HABITATS, LLC. has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, Augusta Housing & Community Development Department 1409 Maple Street Contract Page 13 if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form by (please initial here): Augusta, GA Law Department Date: ____________________ By: __________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah Douse, as its Interim City Administrator Date: _____________________ By: _________________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: HONNÊTE HABITATS, LLC. By: _________________________ Owner Date: _______________________ Augusta Housing & Community Development Department 1409 Maple Street Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1409 Maple Street Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1409 Maple Street Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1409 Maple Street Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). E. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. F. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Antioch Ministries, Inc. -Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT CAPITALRISE, LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, CAPITALRISE, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that CAPITALRISE, LLC. may be precluded from recovering payment for such unauthorized goods or services. Accordingly, CAPITALRISE, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if CAPITALRISE, LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by CAPITALRISE, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Name CAPITALRISE, LLC Augusta Housing & Community Development Department 1409 Maple Street Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION HONNÊTE HABITATS, LLC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1409 Maple Street Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to HONNÊTE HABITATS, LLC. in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the project. 3. With HCD approval, HONNÊTE HABITATS, LLC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD and HONNÊTE HABITATS, LLC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the Augusta Housing & Community Development Department 1409 Maple Street Contract Page 23 completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. HONNÊTE HABITATS, LLC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. HONNÊTE HABITATS, LLC. must make sure contractors obtain and post all permits on job site. c. HONNÊTE HABITATS, LLC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by HCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta, GA requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by HCD. Augusta Housing & Community Development Department 1409 Maple Street Contract Page 24 Administrative Services Committee Meeting 11/29/2022 1:20 PM HCD_ Laney Walker/Bethlehem new construction of one (1) single family home 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 provide funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within Laney Walker/Bethlehem. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves the new construction of one (1) single family home identified as 1409 Maple Street, within Laney Walker/Bethlehem. Address Budget Project Type 1409 Maple Street $200,119.04 New Construction Augusta, GA 30901 Analysis:The approval of the contract will allow for development activities on this site to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract Amount 1409 Maple Street - $200,119.04 Alternatives:Deny HCDs Request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding to develop new construction of one (1) single family unit, identified as 1409 Maple Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298- 07-7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All Page 1 of 3 I. QUALIFICATIONS Our earliest work with “the count” started in 2004 when we were tasked with providing planning, statistical research, and social research using data derived from the annual census for a few small communities in Massachusetts. This was well before mobile apps were a viable option and instead we had no choice but to use paper forms, clipboards, and tools such as Excel and Access to compile the results. Deciphering handwriting and understanding shorthand, is a major barrier to tabulating the results from a paper-based count. Volunteers often left off critical information that inevitably put the decision back on us whether to guess what the response was or leave it blank. Count volunteers would also occasionally wander beyond their designated count areas and accidentally count people that someone else already counted. And then, after every volunteer gets to go home, the count administrators are left with the painstaking process of trying to make sense of it all. Simtech was working with the Cities of Quincy and Brockton, MA in 2012 when we decided it was time to make the move to mobile tech. The US Department of Housing and Urban Development (HUD) recognized the viability of this early work by licensing the “Point in Time Counting Tool” app from Simtech and subsequently contracted with us to enhance it even further. The application was revised to meet the exact specifications furnished by fellow HUD Technical Assistance (TA) provider Abt Associates, peer reviewed by TA providers at both the American Institute for Research (AIR) and Cloudburst, and field tested in San Diego, Boston, and Los Angeles prior to being published in both the App Store and Google Play. Simtech has built upon this work with HUD through the release of the Counting Us mobile app and the Point in Time Regional Command Center that it is integrated with. Our tools are now helping regions in CA, CT, FL, GA, MA, NV, RI, SD, TX, and WA to automate their annual point in time counts. Texas BoS CoC and Houston also used the app in response to hurricane Harvey and Puerto Rico has voted to use it to aid their recovery efforts after hurricane Maria. Simtech continues to evolve our offerings to increase the impact of our work. Our connection with clients and their work, technical acumen, understanding of the ever-changing Federal requirements, and our passion for being part of the effort to help end homelessness are what differentiate Simtech Solutions from the rest. Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All Page 2 of 3 II. DESCRIPTION OF SERVICES Simtech Solutions’ offering has two components – the Counting Us mobile app and the Point in Time Regional Command Center. Key features are described below: Simtech Solutions is able to provide additional services on a time and materials basis. These services are tailored to each region’s needs and can include onsite training and support, mapping, statistical analysis, youth count support, and other services related to the count. Simtech Solutions Inc. - Propelling Innovative Ideas and Technologies Forward to Create a Better Future for All Page 3 of 3 III. REFERENCES All of our clients are referenceable. In fact, every region that used our services in 2017 has signed up to use them again for 2018. That said, if you would like to pick a state at random from the client list (currently CA, CT, FL, GA, MA, NV, RI, SD, TX, and WA) we would be happy to provide a contact from that state whom you can speak with. Or if you prefer, you can reach out to any of the clients listed below. Client: Connecticut Coalition to End Homelessness Region: Connecticut (statewide count) Contact: Jacqueline (Jackie) Janosko Title: Research Analyst Phone: 860-721-7876 x111 Email: jjanosko@cceh.org Client: Rhode Island Coalition for the Homeless Region: Rhode Island (statewide count) Contact: Eric Hirsch, PhD Title: Professor / Researcher/ Consultant Phone: 401-865-2510 Email: ehirsch@providence.edu Client: South Alamo Reginal Alliance for the Homeless (SARAH) Region: San Antonio / Bexar County, TX Contact: Luke Leppla Title: Coordinated Entry Program Manager Phone: 201-876-0720 Email: lukeleppla@sarahomeless.org Client: Houston Coalition for the Homeless Region: Houston, TX Contact: Ana Rausch Title: Senior Research Project Manager Phone: 713-739-7514 Email: arausch@homelesshouston.org Client: The Planning Council Region: Virginia (four CoCs) Contact: Rebecca (Becky) O’Meara Title: Community Planner Phone: 757-622-9268 x 3040 Email: romeara@theplanningcouncil.org Administrative Services Committee Meeting 11/29/2022 1:20 PM HCD_ SimTech Professional Services Agreement Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). This service is necessary to meet Augusta’s obligations to Augusta’s Continuum of Care (CoC) / Emergency Solutions Grant (ESG) requirements set forth by the U.S. Department of Housing and Urban Development (HUD). Background:HCD is requesting approval to utilize the Counting Us mobile application from Simtech Solutions, Inc. in support of Augusta’s upcoming (January 2023) Point in Time Homeless Count. Included with this item are the supporting documentation provided by Simtech as to the product specifications and services, as well as a draft of their Professional Services Agreement. HCD is recommending continued use of the Counting Us mobile application from SimTech due to a lack of comparable product and service combinations identified in the market. Further, the Augusta Homeless Task Force, as Augusta’s designated Continuum of Care (CoC), have expressed desire to align our efforts with the State of Georgia, through the Georgia Department of Community Affairs (DCA) implementation of the same application, so as to allow for better integration with the statewide Information Database for homeless services (Homeless Management Information System or HMIS, known as Client Track by Eccovia Solutions). In support of services mandated under the Supportive Housing Program (SHP) Homeless Management Information System (HMIS) Grant from the U.S. Department of Housing and Urban Development (HUD), Augusta, GA is responsible for cost sharing in the statewide GA HMIS Implementation. As part of this statewide implementation, under the direction of the Georgia Department of Community Affairs (DCA), Augusta, GA is responsible for the portion of costs associated with collecting and reporting data related to the annual Point in Time Count. The annual Point in Time Count is the data source of HUD’s Annual Homeless Assessment Report to Congress, also known as the AHAR. All costs associated with this procurement are covered by a Federal Grant award from U.S. Department of Housing and Urban Development for the Supportive Housing Program (SHP). HMIS Lead staff at HCD will oversee the PIT Count reporting process, and as with all operations relative to compliance and/or system updates, Augusta’s CoC Administrator and related HCD staff will be kept aware of progress, completion and other status updates relevant to this process. The Augusta Homeless Task Force Street Outreach Committee Chair will serve as the Organizer for the 2023 Point in Time Count. Partnership between HTF Members and HCD staff will provide community member volunteer training for use of the mobile application in the weeks leading up to the Point in Time Count. Analysis:Approval of this Agreement will allow the City of Augusta and Homeless Task Force Partners and Volunteers to utilize the Counting Us mobile application from Simtech Solutions, Inc. in support of Augusta’s upcoming (January 2023) Point in Time Homeless Count. Financial Impact:All costs associated with this service are eligible uses of a Federal Grant award from U.S. Department of Housing and Urban Development for the Supportive Housing Program (SHP) under HUD’s annual CoC NOFO process. This grant is currently held by Augusta Housing and Community Development. It is for a one-year, non-renewable service to utilize the mobile application for the January homeless count. The contract amount will be for $5,500. This is a one-time and all-inclusive cost for this service and in the previous years of using this service (2019 , 2020 and 2022) Augusta has not had to engage the use of the any of the additional costs/fees listed in the agreement as a per hour charge, thus we anticipate the final invoice to not exceed the $5,500 amount. These costs are eligible and funding is available under Augusta’s SHP/HMIS Grant from HUD. Alternatives:Deny Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). Recommendation:Approve the Motion to approve execution of the Professional Services Agreement with the SimTech Solutions for use of the “Counting Us” mobile application for the January 2023 Point in Time Count (PIT Count). Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Continuum of Care (CoC) Supportive Housing Program (SHP) Grant. Org key: 221073215- 5211119 GL Code: 221073215-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department Contract Page 1 /CONTRACT between AUGUSTA, GEORGIA And Laney Walker Development Corporation in the amount of $14,500.00 USD Fourteen Thousand and Five Hundred Dollars and 00/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1327 Eleventh Street THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2022 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Augusta Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Laney Walker Development Corporation, a procured developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "LWDC” as party in the second part. In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with LWDC for the administration of eligible, affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and Augusta Housing & Community Development Department Contract Page 2 WHEREAS, LWDC is the approved developer through a solicitation process to assist in the revitalization of Laney Walker and Bethlehem communities improvements for 1327 Eleventh Street. WHEREAS, LWDC has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, LWDC has requested, and Augusta has approved a total of $14,500.00 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: LWDC agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This activity involves providing architectural drawings for one (1) single-family unit identified as 1327 Eleventh Street as part of the Laney Walker/Bethlehem Revitalization Project. Under this Agreement, LWDC will: • Work with Virgo Gambill Architects to provide architecture/engineering services to include: Planning and Design Services: a. Provide Architecture and Engineering Consulting Services for the purpose of developing design drawings associated with the planned Armstrong Galleria building to include new commercial windows, new commercial doors, new metal awnings, exterior lighting, landscaping improvements (raised garden beds for curb aesthetics for all street sides and parking lot view of shopping center), and new illuminated signage for all occupied business displayed on James Brown Blvd and Galleria storefronts. b. Review the project budget for construction prepared by the HCD c. Prepare preliminary cost estimates and cost alternatives to include documentation establishing the basis and methodology for all estimates. d. Meet with HCD’s approved project developer to review findings, alternatives, cost estimates, and construction strategies to select optimum development on a routine basis. e. Prepare (3) options of preliminary design work for presentation to the owner and based on owner’s comments. f. Provide HCD with three (3) hard and electronic copies upon approved design. g. Prepare Construction Drawings and Specifications to submit to the Owner and Developer. h. Review shop drawings and submittals i. Provide as-built drawings of the completed and Owner-accepted work j. Prepare permit drawings for local building official comment and approvals. k. LWDC shall perform the necessary due diligence to complete its design to include any surveys, measurements, building analysis and investigation, etc. Augusta Housing & Community Development Department Contract Page 3 l. Comply with the guidance set forth by the Georgia Department of Natural Resources listed in Appendix 4. Upon completion of the Work, LWDC shall compile for and deliver to the Client a reproducible set of Record Documents based upon the marked-up record drawings addenda, change orders, and other data furnished by the Contractor or other third parties. These Record Documents will show significant changes made during construction. Because these Record Documents are based on unverified information provided by other parties, which LWDC is entitled to assume will be reliable, LWDC cannot and does not warrant their accuracy. Inasmuch as the remodeling and/or rehabilitation of the existing structure requires that certain assumptions be made by LWDC regarding existing conditions, and because some of these assumptions may not be verifiable without the Client’s expending substantial sums of money or destroying otherwise adequate or serviceable portions of the structure, the Client agrees to the fullest extent permitted by law, to indemnify and hold harmless LWDC its Officers, Directors, Employees, and Associates (collectively, LWDC) against all damages, liabilities, or costs including reasonable attorneys’ fees and defense costs out of or in any way connected with the Project, excepting only those damages, liabilities, or costs attributable to the sole negligence and willful misconduct by LWDC. Prepare record drawings of the existing architectural, exterior façade conditions and existing electrical conditions as they relate to the exterior façade. The as-built drawings will be used for design and design presentations and will be given to the owner at the end of construction. B. Use of Funds: Bond funds shall be used by LWDC for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $14,500.00. 1. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to LWDC for costs identified as necessary operating time and expenses in addition to the profit accrued in the exterior façade reconstruction of one (1) multi-unit commercial building as 1327 Eleventh Street. C. Program Location and Specific Goals to be Achieved LWDC shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination LWDC shall comply with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts on behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Revitalization Project. Notwithstanding any other provisions of this Augusta Housing & Community Development Department Contract Page 4 contract, LWDC 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 LWDC will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, LWDC, may engage the services of outside professional services Consultants and Architect and/or Engineers to help carry out the program and projects. A. Augusta shall designate and make Bond funds available in the following manner: 1. For invoicing, through the Neighborly Software System, LWDC will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD. 2. HCD will monitor the progress of the project and LWDC’s performance on a weekly bi-weekly basis with regards to the production design plans. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. 4. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall be terminate. B. Project Financing HCD will provide an amount not to exceed the actual architecture/engineering design costs related to the exterior façade reconstruction of one (1) multi-unit commercial property identified as 1327 Eleventh Street. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities LWDC shall be permitted to commence with the expenditure of CDBG funds as outlined in said Agreement upon procurement of an architectural/engineering LWDC in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the project within 60 days of said property identified as 1327 Eleventh Street. Augusta Housing & Community Development Department Contract Page 5 ARTICLE III. GENERAL CONDITIONS A. General Compliance LWDC agree(s) to comply with all Federal, state and local laws, regulations, and policies governing the funds provided under this contract. LWDC further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Architect and/or Engineer Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. LWDC shall at all times remain an "independent Architect and/or Engineer" with respect to the services to be performed under this Agreement. Augusta shall be exempt from payment of any and all possible unemployment benefits as LWDC is an independent Architect and/or Engineer. C. Hold Harmless To the fullest extent permitted by laws, statutes, rules and regulations, LWDC shall indemnify and hold harmless the Augusta, GA, Officers, Directors, and Employees of each and any of them from and against costs, damages, losses, and expenses, including but not limited to reasonable attorneys as awarded by a Court with Jurisdiction due to liability arising out of the services of the Architect- Engineer arising out of or resulting from performance of the work, but only to the extent caused by negligent, willful and wanton acts or omissions of the Architect and/or Engineer, its Officers, Directors, Employees, and anyone directly, or indirectly employed by them or anyone for whose acts they are liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. LWDC agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its Officers, Directors, and Employees (collectively, Client) against damages, liabilities, and costs arising from the negligent acts of LWDC in the performance of professional services under this Agreement to the extent that LWDC is responsible for such damages or liabilities on a comparative fault basis between LWDC and the Client. LWDC shall not be obligated to indemnify the Client for the Client’s own negligence or for the negligence of others. D. Insurance & Bonding LWDC shall provide, at all times, that this Agreement is in effect, Insurance with limits of not less than: a. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. b. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. c. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Augusta Housing & Community Development Department Contract Page 6 Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. d. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. e. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) LWDC shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. E. Augusta Recognition, Ownership, and Publication LWDC shall ensure recognition of the role of Augusta in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, LWDC will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement and preapproved by HCD prior to publication. All drawings, reports, information, data, and other materials prepared by LWDC pursuant to this agreement, or future agreements as amended through the issuance of an agreed upon and signed estimate, are to be the joint property of HCD and LWDC, which have nonexclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto, in relation to the Laney-Walker/Bethlehem Neighborhood Redevelopment Area project. Any reuse without written verification or adaptation by either party for the specific purpose intended will be at the owner’s sole risk and without liability or legal exposure to HCD or LWDC. No material produced in whole or in part under this agreement may be subject to copyright or patent in the United Sates or in any other country without the prior written permission of HCD and LWDC. F. Amendments Augusta or LWDC may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Augusta’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Augusta or LWDC from its obligations under this Agreement. Augusta may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Augusta and LWDC. Such changes, require compliance with Article 12 of Augusta’s Procurement Policy and Procedures (Contract Administration and Management) Augusta Housing & Community Development Department Contract Page 7 G. Completion of Architectural and Engineering Drawing It is further agreed that JLA will complete all construction repairs to the addresses listed below with corresponding finalization dates and will submit to Augusta within one-week notice of the completion of each project as described below: ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and LWDC (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE V. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to LWDC, or any associates hereunder. B. LWDC shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to LWDC’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of Super Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by LWDC for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A. F. LWDC shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by LWDC. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. Augusta Housing & Community Development Department Contract Page 8 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest LWDC will comply with the provisions of the applicable HUD regulations of 24 C.F.R. Parts 84, 85, and 570.611, sections 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, 7-5- 4109, Super Circular A- 110 and Super Circular A-102 and Article 3 of Augusta’s Policy and Procedure (Ethics in Public Procurement), (as applicable) regarding the avoidance of conflict of interest. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. LWDC covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Bond project that would conflict in any manner or degree with the performance of its services hereunder. LWDC further covenants that, in the performing this Contract, it will employ no person who has any such interest. ARTICLE VI. OTHER REQUIREMENTS A. LWDC agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in LWDC’s publications and/or advertisements. (24 CFR 570.601). B. LWDC agrees to comply with 24CFR 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. C. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) D. LWDC agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). E. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), LWDC agrees that funds shall not be expended for acquisition or construction in an area identified by Augusta Housing & Community Development Department Contract Page 9 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. F. LWDC agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). G. LWDC 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. LWDC will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. H. LWDC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. LWDC will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. LWDC agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause Augusta Housing & Community Development Department Contract Page 10 I. In accordance with Section 570.608 of the CDBG Regulations, LWDC 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. J. LWDC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any LWDC during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible LWDC has been approved and reinstated by HCD. K. In accordance with 24 CFR part 24, subpart F, LWDC 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. L. Any publicity generated by LWDC 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, Georgia in making the project possible. The words "Augusta Georgia Housing and Community Development Department" 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. M. LWDC shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. LWDC agrees to obtain all necessary permits for intended improvements or activities. N. LWDC shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. O. LWDC shall comply with the Davis Bacon Act 1931. P. LWDC 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 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. LWDC agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. Q. All Architect and/or Engineers and sub-Architect and/or Engineers 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 Architect and/or Engineers and sub-Architect and/or Engineers 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 Augusta Housing & Community Development Department Contract Page 11 established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All Architect and/or Engineers shall further agree that, should it employ or contract with any associates in connection with the physical performance of services pursuant to its contract with Augusta, Georgia LWDC will secure from such sub- Architect and/or Engineers each sub-Architect and/or Engineer’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the associates affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All Architect and/or Engineers shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the sub-Architect and/or Engineers are retained to perform such physical services. R. LWDC agrees that low-and-moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta- Richmond County. (24 CFR 570.697) Utilization of Architect and/or Engineers and/or sub-Architect and/or Engineers outside of the Augusta-Richmond County area is not desirable. S. LWDC agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. T. LWDC will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. LWDC will not discriminate against any person applying for shelter on the basis of religion. LWDC will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. U. Indirect costs will only be paid if LWDC has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to LWDC with funds provided under this contract. W. LWDC represents and warrants that it and its design team are not debarred, suspended, or placed in ineligibility status under the provisions of Article 8 of Augusta’s Procurement Policy and Procedures (Suspension or Debarment of Bidder or Proposer Policy) and the 24 CFR 570.609 (government debarment and suspension regulations). X. Salaries of personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). LWDC shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by the subcontractors with such regulations, and shall be responsible for the Augusta Housing & Community Development Department Contract Page 12 submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. As well as the requirements of Article 3, Section 1-10-28 of Augusta’s Policy and Procedures (Authority and responsibility of procurement director). Y. LWDC certifies, to the best of their knowledge and belief that: No federally appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. Z. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions LWDC shall put forth reasonable, professional efforts to comply with applicable laws, codes, and regulations in effect as use of the date of (execution of this Agreement, submission to building authorities, or other appropriate date). Design changes made necessary by newly enacted laws, codes, and regulations after this date shall entitle LWDC to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. ARTICLE VII. SUSPENSION AND TERMINATION A. In the event LWDC 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 LWDC cures any breach of the Agreement. If LWDC fails to cure the breach, Augusta may suspend or terminate the current award of funds. LWDC will not be eligible to receive any other funding. B. Notwithstanding the above, LWDC 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 LWDC for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay LWDC for documented committed eligible costs incurred prior to the date of notice of termination. Augusta Housing & Community Development Department Contract Page 13 D. Notwithstanding any termination or suspension of this Agreement, LWDC shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by LWDC under this contract. ARTICLE VIII. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Hardie Davis, Jr., Mayor Municipal Building 535 Telfair Street, Suite 200 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 and Laney Walker Development Corporation ATTN: Byron or Edith Peebles 851 Laney Walker Blvd. Augusta, Georgia. 30901 ARTICLE IX. INDEMNIFICATION LWDC will at all times hereafter indemnify and hold harmless Augusta, its officers, and employees, against any and all claims, losses, liabilities, or damages, including reasonable attorney fees if awarded by a Court with proper jurisdiction due to legal liabilities of LWDC, resulting from injuries or damages sustained by any person or persons, corporation or property, to the extent caused by the negligent performance of LWDC under this Agreement. By execution of this Agreement, LWDC 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. Augusta Housing & Community Development Department Contract Page 14 The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE X. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to LWDC beyond the term of this Agreement. LWDC warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LWDC for the purpose of securing business and that LWDC has not received any non- Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XII. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of CDBG funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department Contract Page 15 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): By:_____________________________________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah A. Douse, as its Interim Administrator Date: ____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: By: _________________________ Laney Walker Development Corporation Date:_______________________ Augusta Housing & Community Development Department Contract Page 16 EXHIBIT A PROJECT SCHEDULE OF COMPLETION LWDC shall prepare and submit for Client approval “A” Schedule for the Performance of LWDC’s services. This schedule shall include reasonable allowances for review and approval times required by the Client, performance of services by the Client, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the Client, or for delays or other causes beyond LWDC’s reasonable control. Augusta Housing & Community Development Department Contract Page 17 APPENDIX 1 Statutes: (Available on Request) Super Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations Super Circular A- 122 - Cost Principles for Non-Profit Organizations Super Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Lead Based Paint Poisoning Prevention Act Augusta-Richmond County Procurement Policy Augusta Housing & Community Development Department Contract Page 18 APPENDIX 2 ARCHITECTUAL AND/OR ENGINEER REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. 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 Architect and/or Engineers Manual and Performance Standards. A copy of this manual is provided to every LWDC when included on the HCD Approved Architect and/or Engineers List. A copy is enclosed for inclusion. 3. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. 4. It is recognized that the Client has certain obligations under local, state, and federal accessibility laws and regulations that could affect the design of the Project. It is further recognized that federal accessibility laws and regulations are not part of, or necessarily compatible with, state or local laws, codes, and regulations governing construction. Consequently, LWDC will be unable to make recommendations or professional determinations that will ensure compliance with the federal accessibility laws and regulations, and LWDC shall, accordingly, not have any liability to the Client in connection with same. LWDC strongly advises the Client to obtain appropriate legal and financial counsel with respect to compliance with the appropriate disability access laws. 5. The Client acknowledges that it has been advised by LWDC to retain a LWDC (Accessibility LWDC) to review the project plans, specifications, and construction for compliance with the Americans with Disability Act, the Fair Housing Act, and other federal, state, and local accessibility laws, rules, codes, ordinances, and regulations (hereinafter referred to as “Accessibility Issues”). 6. If Client fails to retain an Accessibility LWDC, the Client agrees to release, defend, indemnify, and hold harmless LWDC, its officers, directors, employees, and associates (collectively, LWDC) Augusta Housing & Community Development Department Contract Page 19 from any claim, damages, liabilities, or costs arising out of or in any way connected with Accessibility Issues. 7. LWDC shall exercise usual and customer professional care in its effort to comply with applicable laws, codes, and regulations in effect as of the date________. Design changes made necessary by newly enacted laws, codes, and regulations after this date shall entitle LWDC to a reasonable adjustment in the schedule and additional compensation in accordance with the Additional Services provisions of this Agreement. 8. In the event of a conflict between laws, codes, and regulations of various environmental entities having jurisdiction over this Project, LWDC shall notify the Client of the nature and impact of such conflict. Augusta Housing & Community Development Department Contract Page 20 APPENDIX 3 VIRGO GAMBILL ACKNOWLEDGEMENT VIRGO GAMBILL acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, VIRGO GAMBILL is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Architect and/or Engineer’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 VIRGO GAMBILL may be precluded from recovering payment for such unauthorized goods or services. Accordingly, VIRGO GAMBILL agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if VIRGO GAMBILL 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 VIRGO GAMBILL. VIRGO GAMBILL assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Joseph Gambill, Owner Virgo Gambill Architects Augusta Housing & Community Development Department Contract Page 21 Administrative Services Committee Meeting 11/29/2022 1:20 PM HCD_Laney Walker/Bethlehem architectural drawings for one (1) single-family home 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 provide funding for architectural drawings for the new construction of one (1) single-family home identified as 1327 Eleventh Street, within Laney Walker/Bethlehem. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This objective involves architectural drawings for the new construction of one (1) single-family home at 1327 Eleventh Street within Laney Walker/Bethlehem. Address Budget Project Type 1327 Eleventh Street $14,500.00 Architectural drawings Augusta, GA. 30901 Analysis:The approval of the contract will allow for the architectural drawings for (1) single-family new construction home at 1327 Eleventh Street to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization Bond funding. Contract Amount: 1327 Eleventh Street- $14,500 Alternatives:Deny HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide funding for architectural drawings for the new construction of one (1) single-family home identified as 1327 Eleventh Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Project Funds Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298-07-7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber - lll8l2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Hasan, Chairman; Scott, Vice Chairman; B. Williams, member. Absent: Hon. Frantom, member. ADMINISTRATIVE SERVICES 1. Receive as information the emergency roof replacement at May Park in the amount of $32,1 17.99 by GS Item Roofing and Construction. Action: Approved Motions *::" Motion Text Made By seconded By Motion'l'ype - ---- -J Result *.::'j-].t" Commissioner Francine Commissioner Bobby passesApprove ix5,t""]rtr"rr., s-0. iioo wiltiams 2. Motion to approve one (l) Rehabilitation Project in partnership with Butler's Home Improvement. Item Action: Approved Motions X]j:" Motion Text Made By seconded By Motion f ype - ----- -r --------- -J Result Motion to commissioner Francine Commissioner Bobby passesApprove ix5i,""]r'*"r..r:_0. iion wiuiams 3. Motion to approve Housing and Community Development Department's (HCD's) request to provide Item HOME funding to Sand Hills Urban Development (SHUD) to construct two (2) single family units. Action: Approved Motions X:t:"t Motion Text Made By seconded By MotionrYPe Result Motion to Commissioner Francine Commissioner Bobby passesApprove illi,"#r".r".:_0. Jio,, wiuiams 4. Motion to approve Housing and Community Development Department's (HCD's) request to transfer 2021 ItemHOPWA funding from Community Development Improvement Corporation to CSRA Economic Action: Opportunity Authority to provide service to residents in Aiken/Edgefield Counties, South Carolina. Approved Motions Motion Motion;::_^"- Motion Text Made By Seconded ByType Result Motion to Commissioner Francine commissioner BobbvApprove approve. "^-:; -- - ;r,;;;;: - J Passes rurfttioo]r"pu.rer 3-0. Stoff williams 5. Motion to approve the minutes of the Administrative Services Committee held on October 25,2022. Item Action: Approved Motions Y:jti' Motion Text Made By seconded By Motion Type ^'+vrtv, ^va! Result Motion to Approve ap""'"- '- commissioner Francine commissioner Bobbv vrSlio#pu...r 3-0. Scoft Williams ' rasses 6. Motion to approve a moratorium on select requests for personnel action, effective November 8,2022. Item (Approved by Administrative Services Committee November 11,2022) Action: Approved Motions Y:j*1'" Motion Text Made By seconded By fJjil'r'ype Motion to Commissioner Francine Commissioner BobbvApprove approve. "^-:;------- ;;i,,:;: ----J Passes *5,tt"#a"r."s 3-0. scoff williams 7. Recommendation of Award for RFP 22-1550 Classification and Compensation Study to The Segal Item Company,Inc. Action: Approved Motions Hj:' Motion rext Made By seconded By fJ.f;i,'rype Motion to approve with the modifications of changing the job classifications from 160 to rr^**:.^:^--- (, Approve 260 andincluding the scope of services as commissioner commisstoner h outlined in the RFp. rc of services as Francine Scott Bobby williams Passes Motion Passes 3-0. www.auqustaga.gov Administrative Services Committee Meeting 11/29/2022 1:20 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on November 8, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ATTACHMENT C W.K. Dickson & Co., Inc. C-1 Revised 04-09-19 CONTRACT FOR SERVICES AMENDMENT NO. 3 ADDITIONAL SERVICES AUTHORIZATION The following modifications to the contract (“Contract”) for Jamestown Park Improvement Project 20180064.00.AG dated February 26, 2018, between Augusta Georgia (CITY) and W.K. Dickson & Co., Inc. (CONSULTANT) are authorized. 1. SCOPE OF SERVICES. Project Understanding: The original project was scoped excluding electrical and lighting design. These services were being provided by Georgia Power for the city. The CITY has requested that the CONSULTANT provide electrical power service design and lighting design as an additional service to the contract. The power supply metering and controls for the existing systems are unknown and will need to be reviewed with maintenance staffing from the CITY to evaluate options for power supply. The proposed design would include power supply coordination and electrical design to provide power to the proposed restroom building, irrigation system and site lighting to include field lighting, pedestrian walking track lighting and lighting for new basketball courts. The controls for these will be centered in the utility room for the new restroom building. In late 2021, the CITY requested assistance from the CONSULTANT to rebid the project a second time. The CONSULTANT informed the CITY that this service was an additional service to the original contract. Construction Bidding Services: • Construction bidding services were provided for the second advertisement of the project, by republishing bid documents to the Procurement Department for bidding and participating in a Pre-Bid Meeting as a technical resource. • Provided clarifications and related documents in addendum format to the Procurement Department. • Prepared conformed Construction Documents for Selected Contractor. Concept Planning: • The CITY will organize a site meeting to include representatives from Georgia Power, Parks Maintenance Staff, the CONSULTANT and administrative project lead to review existing conditions at the site and determine acceptable routing and controls for the project. During this meeting items such as hours of service, access to controls, metering, level of service and use of CITY supplied materials will be reviewed. The CONSULTANT will summarize the findings of this meeting with minutes and provide to the team for review and acceptance. • Based on the findings of the CONSULTANT will develop an Action Plan and Concept Plan for the lighting and electrical needs of the project. This will outline decisions that the CITY will need to make and how design plans, permitting and coordination with Georgia Power will take place. • Upon concurrence by the CITY of the Concept Plan and Action Plan the CONSULTANT will begin design development phase. ATTACHMENT C W.K. Dickson & Co., Inc. C-2 Revised 04-09-19 Design Development: • The CONSULTANT will prepare plans and details and specifications necessary for contractor or evaluate pricing for lighting additions and power feeds for lighting additions to the contract by change order and the necessary building code and permitting necessary for construction of the work. These plans will be coordinated with the CITY and contractor at the 95% level to evaluate questions. • Based on feedback from the CITY and contractor the design development additions will be finalized and delivered in a sealed package for CITY and contractor use. • It should be noted that building permits for this work will be the responsibility of the contractor. • Upon completion of this phase of work the CONSULTANT will develop a construction change order for CITY and Contractor acceptance. Construction Phase: • The CONSULTANT will work with the contractor during the construction phase as required by original contract scoping. • The CONSULTANT will assist the CITY in the management of RFI’s and shop drawings submittals. It is expected that the contractor will submit all electrical shop drawings for review in one package. • The CONSULTANT will assist in this manner for up to 3 RFI’s and 2 Shop drawing packages. It is anticipated that this assistance will require no more than 8 hours of assistance. • The CONSULTANT will assist with final inspection and start up process and has allocated one site visit to accomplish this task. Deliverables: • Concept and Action Plan Development Package • Design Plans and Specifications Package for Construction • Development of Construction Change Order for Contractor Exclusions: • Lighting Pole foundation design/recommendations (assumed to be provided by manufacturer) • Additional Construction Bidding Services (not provided, herein) 2. TIME OF PERFORMANCE. CONSULTANT’s time of performance for the above additional services shall be dependent on several parties’ coordination of these matters. The CONSULTANT is committed to the development of these items in a timely manner to facilitate project completion. Remainder of Page Intentionally Left Blank ATTACHMENT C W.K. Dickson & Co., Inc. C-3 Revised 04-09-19 3. COMPENSATION. The total Contract lump sum is increased from $54,000.00 to $87,000.00. The compensation for these additions will be as follows: • Construction Bidding Service $3,500.00 lump sum. • Concept Planning $12,000.00 lump sum. • Design Development $15,000.00 lump sum. • Construction Phase $2,500.00 lump sum. All other terms of the Contract remain unchanged. CITY: CONSULTANT: CITY OF AUGUSTA W.K. DICKSON & CO., INC. By: By: Name: Name: William G. Wingate III, P.E. Title: Title: Vice President Date: Date: t /* Lerrffal De4r'' 't'/r-'-4" Ron I-ampkin, Interim Director Central Senrices Department GIA Maria Rivera Rivera, Deputy Director MEMORANDUM Geri Sams, Director, Procurement Department Central Seryices Department 2760 Peach Orchard Rd. Augusta GA 30906 Phoner (706) 821-7174 TO: FROM: DATE: SUBJECT: ,Lam gkinrJ nterim Ilirecto r, Central Services Department ,2022 Change Order Request In accordance with Augusta, GA policies and procedures we are requesting to have purchase order POI 8REC4I 5 amended. Pr.uchase order PO18REC415 needs to be amended in the amount of $33,000.00 for lighting design of Jamestown Town Park. This project is to add lighting to the Jamestown park lmprovement project. This new lighting will be used to light the new basketball courts, walking track, playing field and walkways. The 533,000.00 is for w.K. Dickson to perform concept development, design development, and construction phase services. This is absolutely necessary to achieve the desired results to complete this project. This measwewill also provide benefits beyond the original target goal. The effect on Schedule: N/A The effect on Quality: Positive/Required The effect on Scope: Positive/Required Change Order Proposal: Attached . Original Purchase Order Amounto Revised Purchase Order Amount Your assistance would be greatly appreciated. Ron Lampkin Maria Rivera Rivera $54,000.00 $87,000.00 Cc: Administrative Services Committee Meeting 11/29/2022 1:20 PM 2022 - Jamestown Park - RFP 17-276 / PO # 18REC415 Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 for lighting design of Jamestown Park and approve the reallocation of $205,000.00 from Fleming Tennis Center SPLOST 6 account to SPLOST 6 Jamestown Park account. Reference ITB 17-276 / PO # 18REC415 Background:This project is to add lighting to the Jamestown Park Improvement project. This new lighting will be used to light the new basketball courts, walking track, playing field and walkways. The $33,000.00 is for W.K. Dickson to perform concept development, design development, and construction phase services. The reallocation of funds from the Fleming Tennis Center account will be used to fund the design and construction of the lighting for Jamestown Park. Analysis:Central Services recommends approval of Amendment 3 from W.K. Dickson for lighting design of Jamestown Park Improvement and reallocation of SPLOST 6 funds of Fleming Tennis Center to Jamestown Park. Financial Impact:Recapture SPLOST funds, as indicated, totaling $205,000.00 from Fleming Tennis Center SPLOST 6; GL: 329-06-1110 JL: 218-05-7126 into SPLOST 6 Jamestown Park that has a balance of $47,503.00 creating a project budget of $252,503.00. Alternatives:(1) Approve Amendment 3 with recaptured funding; (2) Do not approve Amendment 3 with recaptured funding Recommendation:Motion to approve Amendment 3 from W.K. Dickson in the amount of $33,000.00 to be funded by the reallocation of SPLOST 6 funds of Fleming Tennis Center in the amount of $205,000.00. Funds are Available in the Following Accounts: Recapture SPLOST funds, as indicated, totaling $205,000.00 from Fleming Tennis Center SPLOST 6; GL: 329-06-1110 JL: 218-05-7126 into SPLOST 6 Jamestown Park that has a balance of $47,503.00 creating a project budget of $252,503.00. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2022 Amounts Budget Comments 23-020 YES $38,126.25 $207,230.00 23-037 YES $75,000.00 23-048A No $30,000.00 23-049 YES $50,000.00 23-053 No $143,134.39 $20,000.00 23-099 NO $13,700.00 $90,000.00 23-105 No $40,000.00 23-116 YES $25,000.00 23-117A YES $30,000.00 $567,230.00 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Fortiline Waterworks 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. Welding & Fabrication Sector One Street Light Poles & Fixtures Greybar Electric Supply Thermoplastic Traffic Marking Crown Usa Inc Roll-Off Recycling & Storage Containers- Street Light Ballast Kits & Bulbs Greybar Electric Supply 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 Engineering and Environmental Services Lewis Steel Works Various Pipes, Couplings, and End Sections Concrete Georgia Carolina Concrete Weed & Vegetation Control Naturchem Pipe & Fittings Ferguson Waterworks Administrative Services Committee Meeting 11/29/2022 1:20 PM 2023 Annual Bid Recommendation - Third Cycle Department:Procurement Presenter:Geri Sams Caption:Motion to approve the following annual bid item due to annual purchases for this bid is estimated to exceed $25,000.00. Annual Bid Item for Engineering and Environmental Services: 23-020 Concrete 23-037 Street Light Poles & Fixtures 23-048A Weed & Vegetation Control 23-049 Street Light Ballast Kits & Bulbs 23-053 Welding & Fabrication 23-099 Thermoplastic Traffic Marking 23-105 Roll-Off Recycling & Storage Containers 23-116 Various Pipe, Coupling & End Sections 23-117A Ferguson Waterworks Engineering 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:1 vendor responded. Georgia Carolina Concrete submitted the lowest most responsive bid. The request is to award Bid Item # 23-020 to Concrete. 2 vendors responded. Graybar Electric Supply submitted the lowest most responsive bid. The request is to award Bid Item # 23-037 to Street Light Poles & Fixtures. 2 vendors responded. Naturchem submitted the lowest most responsive bid. The request is to award Bid Item # 23-048A to Weed & Vegetation Control. 3 vendors responded. Graybar Electric Supply submitted the lowest most responsive bid. The request is to award Bid Item # 23-049 to Street Light Ballast Kits & Bulbs. 1 vendor responded. Sector One submitted the lowest most responsive bid. The request is to award Bid Item # 23-053 to Welding and Fabrication. 3 vendors responded. Crown USA Inc. submitted the lowest most responsive bid. The request is to award Bid Item # 23-099 to Thermoplastic Traffic Marking. 4 vendors responded. Lewis Steel Works submitted the lowest most responsive bid. The request is to award Bid Item # 23-105 to Roll- Off Recycling & Storage Containers. 1 vendor responded. Fortiline Waterworks submitted the lowest most responsive bid. The request is to award Bid Item # 23-116 to Various Pipes, Couplings, and End Sections. 1 vendor responded. Ferguson Waterworks submitted the lowest most responsive bid. The request is to award Bid Item # 23-117A to Pipe & Fittings. 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: User Departments are responsible for individual purchases on their annual bids on an as needed basis. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 11/29/2022 1:20 PM Milledge Murray Department: Presenter:Milledge Murray Caption:Consider a request from Mr. Milledge Murray on behalf of the Heritage Committee of the Arts and Heritage Center of North Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: STATE OF GEORGIA ) ) LEASE AGREEMENT RICHMOND COUNTY ) THIS LEASE AGREEMENT, made this ____day of November 2022 by and between MURRAY REAL ESTATE, INC. (hereinafter referred to as "Lessor") and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Lessee"); WITNESSETH: 1. Premises: The Lessor, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter set forth, to be paid, kept, and performed by the Lessee, does hereby lease unto the said Lessee, and said Lessee hereby agrees to lease and take upon the terms and conditions which hereinafter appear, the following described property: Property located at the southeast corner of 4th Street and Walton Way, 175 feet by 398.77 feet - 175 feet along 4th Street and 398 feet along Walton Way, 110 x 175 on Taylor Street. Tax map 047-4-465-00-0 and being known as 324 Walton Way, Augusta, Georgia (hereinafter referred to as the "Premises"). 2. Term: The term of this Lease shall begin on the 1st day of January 2023 and, subject to the option to renew set forth in this paragraph 2, shall end on the 31st day of December 2023, at midnight, unless sooner terminated by either Lessor or Lessee as herein provided. The parties may renew this Lease for one or more additional one-year terms (each to commence on January l, and end at midnight on December 31st, of the applicable calendar year) by written agreement executed by each party no later than the 30th day immediately preceding the end of the term being so renewed. 3. Rental: Tenant shall pay to Landlord during the term of this Lease a monthly rental payment in the amount of $3,967.00 payable on the first day of each month of the Lease term. In the event this Lease is renewed on an annual basis after the initial term, the rent for each annual renewal will increase three (3%) percent. 4. Use of Premises: The Premises shall be used for office buildings and for no other purpose without the advance written consent of Lessor. The Premises shall not be used for any illegal purpose; nor in any manner to create any nuisance or trespass; nor in any manner so as to invalidate the insurance or increase the rate of insurance on the Premises. 5. Destruction of or Damage to Premises: If the Premises are totally destroyed by storm, fire, flood, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destru ction. 6. Assignment and Subletting: Lessee may not sublease all or any portion of the Lease Premises or assign this Lease or any interest hereunder without the prior written consent of the Lessor. 7. Signs: Any and all signs placed on the Premises by Lessee shall be maintained in compliance with rules and regulations governing such signs and the Lessee shall be responsible to Lessor for any damage caused by installation, use, or maintenance of said signs, and Lessee agrees upon removal of said signs and to repair all damages incident to such removal. 8. Repairs. Alterations and Additions: If any repairs to the improvements located on the premises covered by this Lease are required during the term of this Lease, the cost of same shall be paid by Lessee. Any and all repairs, alterations, and additions made to the Premises hereby leased by the Lessee, shall be and remain a part of said Premises hereby leased by the Lessee, and shall be surrendered to the Lessor by the Lessee at the expiration of the term of this Lease (except to that of the Building which is owned by the State Court of Richmond County). Any alterations or additions to the Premises and any repairs, which may affect the physical appearance of the Premises, shall not be made without the advance written approval of the Lessor. Any and all repairs, alterations, and additions to the Premises shall be performed in a good and workmanlike manner using new materials and equipment and in compliance with all safety codes and regulations. In the event that any repairs, additions, alterations or improvements are made by the Lessee after obtaining the written consent of the Lessor through a contractor, the Lessee agrees that it will closely supervise such work and see that all laborers and materialmen are promptly paid so that no lien will accrue or be filed against the Premises; and in the event that the Lessee hires laborers and/or purchases material itself for the improvement of the Premises, it will promptly pay all charges for such labor and materials when the same become due so that no liens will accrue or be filed against the Premises and no claim can be asserted against Lessor for such payment. Lessor shall have the right to call upon the Lessee for a statement or other information concerning the payment of any contractor, laborer and/or materialman who may have furnished labor or materials for the improvement on the Premises and Lessee covenants and agrees that it will immediately give full information in regard to all such to the Lessor upon demand. Lessee, however, shall have the right to remove Lessee's real and personal property in the nature of the building, trade and/or business fixtures from the Premises at the expiration of this Lease. 9. No Estate in Land: This contract shall create the relationship of Lessor and Lessee between the parties hereto and no estate shall pass out of Lessor. 10. Holding Over: If Lessee remains in possession of Premises after expiration of the term hereof: with Lessor's acquiescence and without any express agreement of parties, Lessee shall be a tenant at will at the rental rate in effect at the end of this Lease; and there shall be no renewal of this Lease by operation of law. 11. Exculpation and Indemnification: The Premises are being leased to Lessee "AS IS", and Lessee accepts said Premises in its present condition and acknowledges that it has inspected the same and found the Premises to be suitable for its intended use. It is an express condition of this Lease Agreement that, except when caused solely by its negligence, Lessor, its officers, agents, and employees, shall be free from claims, debts, demands, liabilities, or causes of action of every kind or character, whether in law or in equity, by reason of any death, injury, or damage to any person or persons or damage or destruction of property or loss of use thereof, whether it be the person or property of Lessee, its invitees, licensees, agents, or employees, or any third persons, from any cause or causes whatsoever arising from any event or occurrence in or upon the Premises or any part thereof or otherwise arising from Lessee operations under and indemnify and save harmless the Lessor, its officers, agents, and employees, against and from any and all such claims, demands, debts, liabilities, and causes of action (other than those caused solely by Lessor's negligence) including reasonable attorney's fees and costs to be incurred by Lessor in defending same. Lessee specifically agrees that its operations shall be conducted in compliance with all federal state, and local environmental laws, rules and regulations and agrees to indemnify and hold harmless Lessor from and against all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including but not limited to court costs, expert fees and reasonable attorneys' fees) which may be incurred by, charged to or recovered from the foregoing (i) by reason or on account of damages to or destruction of the property of Lessor, or any property of, injury to or death of any person, resulting from or arising out of Lessee's use of the premises (except when such damages, destruction, injuries or death arise solely by reason of Lessor's negligence), or (ii) arising out of the failure of Lessee to keep, observe or perform any of the agreements or conditions of this Agreement. Lessee will refer to Lessor promptly upon notice thereof, any claim made or suit instituted against it which, in any way, affects Lessor or its insurer, and either Lessee shall defend or compromise same following notice from Lessor, then Lessor shall have the right to compromise and defend the same to the extent of its interests, with all costs to be borne by Lessor. 12. Rights Cumulative: All rights, powers and privileges conferred hereunder upon Lessor shall be cumulative but not restrictive to those given by law. 13. Service of Notice: Any notice, demand, request, approval, consent, or other communication (hereinafter referred to as "notice"), which Lessor or Lessee may be required to permit to give to each other shall be in writing and shall be mailed in an official United States Post Office, certified or registered mail, return receipt requested, with adequate postage prepaid, to the other party at the address as each party as designated in this Lease or shall have changed by proper notice in writing to the other. Such addresses are as follows: Lessor (via mail): MURRAY REAL ESTATE, INC. P.O. BOX 1866 AUGUSTA, GEORGIA 30903 Lessor (via personal service): 496 LANEY WALKER BLVD AUGUSTA, GA 30901 Lessee: AUGUSTA, GEORGIA ADMINISTRATOR 535 TELFAIR STREET, SUITE 910 AUGUSTA, GEORGIA 30901 With Copy to: AUGUSTA, GEORGIA MAYOR 535 TELFAIR STREET, SUITE 200 AUGUSTA, GEORGIA 30901 AUGUSTA, GEORGIA LAW DEPARTMENT ATTN: GENERAL COUNSEL 535 TELFAIR STREET, BUILDING 3000 AUGUSTA, GEORGIA 30901 CHIEF JUDGE STATE COURT OF RICHMOND COUNTY 735 JAMES BROWN BLVD., SUITE 4102 AUGUSTA, GEORGIA 30901 If notice is not an answer or reply to a previous notice from the other party, the time of the rendition of such shall be the date when the receipt is signed, refused, or returned unclaimed. If the notice is an answer or reply to a previous notice from the other party, the time of rendition of such shall be the date postmarked by the United States Postal Service. In the event of a postal strike or other interference with the regular delivery of mail, notices may be served in person in lieu of certified or registered mail, and shall be effective upon receipt. 14. Waivers of Rights: No failure of Lessor to exercise any power given it hereunder or to insist upon strict compliance by Lessee with any of its obligations hereunder and no custom or practice of the Lessor at variance with the terms hereof shall constitute a waiver of Lessor's right to demand strict compliance with terms hereof. 15. Time of Essence: Time is of the essence of this Agreement. 16. Utility Bills: Lessee shall pay all utility bills, including, but not limited to, water, stormwater fees, sewer, gas, electricity, fuel, light, and heat bills for the Premises, and Lessee shall pay all charges for garbage collection or other sanitary services. 17. Taxes: Lessor shall pay all property taxes legally assessed against the property and person property located on the Premises for that period of time Lessee occupies the Premises. 18. Open Records: The Lessor acknowledges that all records relating to this Agreement and the services to be provided under this Agreement may be a public record subject to Georgia's Open Records Act. (O.C.G.A. § 50-18-70, et seq.). Lessor shall cooperate fully in responding to such request and making all records, not exempt, available for in section and copying as provided by law. Lessor shall notify Lessee immediately of any request made under the Open Records Act and shall furnish Lessee with a copy of the request and the response to such request. 19. Governing Law: This Agreement shall be governed and interpreted by the laws of the State of Georgia. 20. Venue: All claims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Lessee, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 21. Entire Agreement: This Lease contains the entire agreement of the parties and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of either party to exercise any power given it hereunder, or to insist upon strict compliance by either party of any obligations hereunder and no custom or practice of the parties at variance with the terms hereof. This Agreement may only be amended by writing signed by both parties. 22. Breach:Upon the failure of Lessee to observe or comply with any of the provisions of this Agreement, Lessor may immediately terminate this Agreement and institute such actions necessary to recover the property and evict Lessee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. MURRAY REAL ESTATE, INC. AUGUSTA, GEORGIA Lessor Lessee By: By: Print: Grey B Murray, Sr., President Print: Hardie Davis Jr., Mayor Sworn to and subscribed before me this Sworn to and subscribed before me this ____ day of ________________, 2022. ____ day of ________________, 2022. Attest: Lena Bonner, Clerk of Commission Administrative Services Committee Meeting 11/29/2022 1:20 PM Land lease for 324 Walton Way for use by Probation Services Department:Administrator's Office Presenter:Takiyah A. Douse Caption:Motion to approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way utilized for Misdemeanor Probation Services. Background:On May 14, 2019 the Augusta, Georgia Commission approved award of RFP 19-180 for Misdemeanor Probation Services to CSRA Probation Services Inc. Staff negotiated a contract for an initial two-year period, followed by three one-year renewal options, to lease and operate a probation facility located at 324 Walton Way. The original land lease with Murray Real Estate, Inc for this property ran from July 2016 through June 2021. The updated proposed land lease shall run in conjunction with the CSRA Probation Services contract and is set to begin on the 1st day of January 2023 and end on the 31st day of December 2023, at midnight, unless sooner terminated. The land lease may be renewed for one or more additional one-year terms that would run in conjunction with approved extensions of the probation services (each to commence on January l, and end at midnight on December 31st, of the applicable calendar year). Analysis:Approval of the land lease is needed in conjunction with the approval of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. Financial Impact:The monthly land lease cost of $3,967.00 is off set by the facility lease payments received from CSRA Probation Services. Alternatives:Do not approve the land lease nor the misdemeanor probation services contract and associated facility lease. Recommendation:Approve a one-year lease with Murray Real Estate, Inc. for property at 324 Walton Way utilized for Misdemeanor Probation Services. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Administrative Services Committee Meeting 11/29/2022 1:20 PM Misdemeanor Probation Services Contract and Facility Lease Extension 2 of 3 Department:Administrator's Office Presenter:Takiyah A. Douse Caption:Motion to approve the second one-year renewal of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. Background:On May 14, 2019, the Augusta, Georgia Commission approved award of RFP 19-180 for Misdemeanor Probation Services to CSRA Probation Services Inc. Staff negotiated a contract for an initial two-year period, followed by three one-year renewal options, to lease and operate a probation facility located at 324 Walton Way. Analysis:The first of the three (3) one-year renewal options expires December 31, 2022. All parties agree with the request for the Commission to approve this second renewal option for one (1) additional year to expire on December 31, 2023. Financial Impact:Fines and Fees collected through CSRA Probation Services on behalf of Richmond County are remitted to the Clerk of Court's Office for distribution to the appropriate agencies. The Facility Lease payments are $4,166.67 monthly and off set maintenance costs and land lease payments. Alternatives:Do not approve the misdemeanor probation services contract and associated facility lease nor the land lease. Recommendation:Approve the second one-year renewal of the Misdemeanor Probation Services contract and associated facility lease with CSRA Probation Services, Inc. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission ADP SmartCompliance@ Proposal FINANCIAL DETAILS: Augusta-Richmond County Client agrees that there maybe an additional charge for processing any corrected ACA Reporting Forms, provided such correction is not directly related to an ADP error or omission. Billing.for Health Compliance will begln on the date Heath Compliance is available for use by CLIENT. The billingcount is based on all lives in the database that are marked as elther Active or Leave. Promotion: One month free (month 2). Deal must be closed by November L7, ZO22 to qualify. m Always Designing for People' O ADP CONFIDENTIAL & PROPRIETARYADP, the ADP logo, ADP Smartcompliance and Always Desagning for People are trademarks ot ADP, lnc. Copyrighto 2019 ADP, lnc. All rights reserved. -AcAlRSForms1094-C/1095.cfurnishingtoemployees(Forms1o95-c)ano 1 094-C1 095-C); postage 2017-2019 IRS Transmission 2022 IRS Transmission + Forms Nor€mbor 7, An2 Augutt.fik$mond County 530 Gocrp St, Rm 601 Augusra, GA 8090i*a480 DearAnltr Roolad: :::.iliH r:J' "ffi :hffi ;TJf#, Hffi :ffi.#;rdn ..ilccs to &Eus,r {.hmon cou ntylsvlal {rccm€flt or vL rn em.ndm,ir,^; --:_:-_ lFebruaryr,zoaa1**";;,ffiff"*,nrurx#xm#;ftift*Hfffi,trff ;ffi1T,Infi3::ff,ffiffi; * ,;;; ;;..rv rmpromo,bron scr up lrMcor .! ,sbr, rn rh€ prrdns ..rccd ror ffiprocauing $rvices or scc.ss lo rollwarc rrat tr ttccril fom eOp. cllent agrccs to pey Aop 't thc p'ldng t't,onh bcow in accod.rce wrth ADpt rhndent uilhg procodurst (o, luch othcr r.bsa',d Foced,"o6 as ral brlh h thc Agrcoman') t *r.r, ,"ndsrc.r .rd rcrsm.bra t a*r .nprn. hqfied undcr rhb Lor. suchprlclng b @nd,tbn.t upon ctianfs cxeqruon or "n eg;;.r,t. prymonl shll b€ due g0 dayr f?om inyolcs drt .rhis Lol may b! lcrmlnstod by etthcr pao on ro dsys prror wdtten noricc to rhc othor parry.Nottnhlt8t.oiry rryhhg to the cont'ry horrn, * iJ",r"nt O ca,,", paily b'mhan, hb LOt br any rcason or ([) prrtcs ar.unaue to rcach good fanh alrccm€il wtn, ,.tpcd to the Agreemcnt by tho dab set brfi abovo, a, lbcr and €xp.nser br ,"Mcecp'ov{ded prior to thc dab of tetmlndon rhall 0"""r* rrrncdratdy du€ snd ,.ri,". sucrr 6m9unts smr oe cahuterctr bymdUpMrE the edurt houn incurgd by ADp (prior to tormlmtion) by S9i.(X) p* ni* UL .ctuat rxpenses hcurad.firr"i:iiffiffiH:"T#ffit-"lltir#"Ltg#,ng,p mecopvtoJonrthrn Frnr arron rhan.r,*@edp.com. SirE€rsly, ADP, lnc. Jonethan Flnk Coryoratc SCer Manager, Complianoc Solullons ,mathen.frnI@adp.com ADP Proprierary and Conflderttial AUgusts-Richmond courrty 03^2022-147341_ 6 AccEprED ArD AGREED ,o, 0F Cliont: By: Mnu: Ti0e: Dab: Page 1 of 2 Financial Details Service and Fee Schedule Augusta-Richmond County FINANCIAL DETAILS Billing for Health compliance will begin on the date Heath compliance is available for use by cllENT. The billingcount is based on all lives in the database that are marked as either Active or Leave. Client agrees that there maybe an additional_charge for processing any corrected ACA Reporting Forms, providedsuch correction is not direcfly related to an ADp eiror or omission. Promotion: one month free (month 2). Deal must be closed by November 16,2022, to qualifo. Client shall pay ADP for the above services based on Client's actual quantities or usage. No Additional Pricing lnformatiorr Follows ADP Proprietary and Conficlenlial Augusta-Richmond County 03-2AZZ-.147341- I -ACA IRS Forms 1094-C/109S-C 1 094-C1 095-C); postage to employees (Forms 1 transmission to IRS (Forms 2017,2018,2019 Page 2 of 2 Administrative Services Committee Meeting 11/29/2022 1:20 PM Affordable Cares Act Compliance Mandates Department:HR Department Presenter:Anita Rookard Caption:A motion to approve the Human Resources Department to enter into a third-party agreement for the Affordable Cares Act (ACA) Compliance requirements. Background:Augusta is a self-funded health insurance employer. Accordingly, Augusta is required to maintain compliance for the Affordable Cares Act. Under the ACA's employer mandate, employers that decide to offer affordable essential health coverage to full-time employees must do so for all employees who are regularly scheduled to work an average of 30 or more hours per week and for their dependents up to the end of the month in which they turn age 26 or be subject to penalties. In doing so, H.R. is requesting approval to enter into a Contractual Agreement with ADP as a Sole Source provider. As Augusta is a self-funded health insurance employer, this third-party agreement will provide Augusta with the resources to properly train staff on regulatory compliance requirements. Analysis:ADP offers smart compliance for ACA which will streamline workflows and reduce IT cost; reduce the risk of non-compliance issues; identify and resolve ACA compliance issues each month-long well before IRS reporting is required. A third-party agreement with ADP is recommended as they offer the required services needed for Augusta for implementation, integration, software, and training to assist Augusta with current and future, full compliance; it is essential for Augusta to move forward with initiating implementation and integration of the proper software. Financial Impact:The total cost is $50,700.00. This Proposal covers Compliance and Transmission for 2022 and 2023 data as well as assistance to resolve outstanding issues with prior year transmissions. Alternatives:Not recommended -to continue to process in-house placing Augusta at risk for non-compliance. Recommendation:Approve entering an agreement with ADP. As a third party provided of ACA compliance services, ADP is equipped with subject matter expertise and an established methodology to assure client compliance. Should the Commission approve the Human Resources Department to move forward with an Agreement today, prior to signing the Agreement with ADP, it is requested the Augusta Law Department review and approve the Agreement before final signature. Funds are Available in the Following Accounts: To be determined by the Finance Department. REVIEWED AND APPROVED BY: Finance. Procurement. Finance. Law. Administrator. @r"rrrr"rr*rrtqgb.fr"*rr, %. @"*@o^t, qt*ar" LETTER OF TNTENT TO PURCHASE TWO (2) VEHICLES FROM WADE FORD, lNC. This letter of intent dated, November L7,2022, is to inform you that the Central Services Department - Fleet Management Division has concluded that we intend to purchase: two (2) 2023 Ford Explorers for our Housing and Community Development Department and the 911 Center. The specific specifications and pricing information for this purchase is attached. 1. Buver: Augusta, Georgia -Centralservices Department: Fleet Management Division 2. Seller: Wade Ford, lnc, Government Sales Center: 3850 S Cobb Dr., Smyrna, GA 30080 3. Vehicle Purchase Price: S16,6ss.00 each A purchase order will be provided upon the approval of the Augusta, Georgia Commission. Respectful ly submitted, Director of Procurement Attachments: Vehicle Purchase Price /Specifications Room 605 - 535 Telfair Street, Augusta Georgia 30901 (7A6\821-2422 - Fax (706) 821-281 1 \\ \\'\! . it u qustagli. g()\, Register at www.demandstar.com/suppl ier lbr autolnatic bid notifi cation EI*ffiE scan this QR cooe wrln vour ffi ilili:"ff,[:"fl:'ffi:HJ"";," Prepared by: Roger Moore 10110t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 30080 2023 Explorer 4dr 4x2 Base (K7B) Price Level:320 Pricing Summary - Single Vehicle Vehicle Pricing Base Vehicle Price Options Colors Upfitting Fleet Discount FuelCharge Destination Charge trisRP $36,760.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,495.00 Subtotal Pre-Tax Adjustments Code GPC Descrlptlon Ford Govemment Price Concession $38,255.00 [ISRP -$1,600.00 Total I have several of these in the order system. How many do you need? Roger Roger A. ffi#i+# Moore EHffi*kg' Customer Signature Acceptance Date Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salespe!'son for the most current information. 1 Prepared by: Roger Moore 1011012022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 30080 2023 Explorer 4dr 4x2 Base (K7B) Price Level:320 As Configured Vehicle Code Description MSRP Base Vehicle K7B Packages 100A Powertrain 99H 447 Base Vehicle Price (K7B)$36,760.00 Equipment Group 100A lncludes: - Engine: 2.3L EcoBoost 14 I nclude s auto slarl-slop technology. - Transmission: 1 O-Speed Automatic - 3.58 Non-Limited-Slip Rear Axle Ratio - GVWR: TBD - Tires: P255/65R18 AS 8Sl,Y lncludes mini spara. - Wheels: ,8's-Spoke Silver-Painted Aluminum N/C - Cloth Captain's Chahs lncludes &-way power driver's sesl with power function for tilt and recline, 4-way manualftont passenger seat with fore/afr and recline and 2-way manually adjustable driver and front passenger head restraints. - Radio: AM/FM Stereo lncludes MP3 capability,6 speakers, speed-compensated volume and SiiusXM with a 3 monthprepaid subscription. Seruice is not available in Alaska and Hawaii. All SiriusxM sevices require a subsciption, sold separately by SiriusXM after the tial period. Your SiriusXM service will automatically stop at the end of yout trial unless you decide to subscnbe. lf you decide to continue sevice, the subscription plan chosen will automatically renew and be charged according to your chosen paymant mathod at the then-cunenl rates. Fees and taxes apply. See the SiiusXM Customer Agreement & Pivacy Policy at httpslrawww.siiusxm.com/ www.siriusxm.com for full terms and how to cancel, which includes online methods or calling 1-866-635-2349. Available in the 48 contiguous United States, D.C., and Puerto Rico (with coverage limits and capable receive). Visit httptrtvww.siriusxm.com/FAQS for most currenl service area information. Availabil$ of some seryices and features rs sub/bc, to device capabilities and location rest cfions. All fees, content and features are subjecl to change. SiriusXM, Pandora and all related logos are trademarks of Srnus XM Radio lnc. and its respective subsldianes. - FordPass Connect lncludes 4G LTE Wi-Fi holspol connects up to 10 devices wilh wireless data trial that begins upon AT&T activation and expires at lhe end of 3 months or when 3GB of data is used, whichevet comes first, but cannot extend beyond the trial subsciptian period for remote features. To activate, go to www.atl.comlford, remotely starl, lock and unlock vehicle, schedule specilic times to remotely stan vehicle, locate parked vehicle and check vehicle status (FordPass Connect, the Ford Pass App., and Complimentary Connected Services are required for remote features (see FordPass tenns for details). Connected Seruice and features depend on compatible AT&T network availability. Evolving technology/cellular networks/Vehicle capability may limilfunctionality and prevent operation of connected features. Connecfed seruices excludes W-Fi hotspot.). Note: Ford Telematics and data seruices prep included for fleet only: FordPass Connect 4G Wi-Fi modem provides data to supporl telematics and data services including but not limited to vehicle l&ation, speed, idle time, fuel, vehicle diagnostics and maintenance a/errs. Davice enables telematics servrbes through Ford or authoized providers- Activate at www.fleet.ford.com or call 833-FCS-Ford. (833-327-3673). - SyNC 3 Communicalions & Enteftainment System lncludes enhanced voice recognition, 8' LCD capacitive touchscreen in center stack with swipe capability, AppLink,9r, Asslsl, Apple Car Play and Android Aulo compatibility and 1 "A" and 1 'C' USB ports in the media hub. Engine: 2.3L EcoBoost 1.4 I nclude s a uto staft - stop technology. Transmission: 1 O-Speed Automatic lncluded lncluded Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from lhis estimate because of special local pricing, availability or pricing salesperson for the most current information. ad.lustments not reflected in the dealer's computer system. See 2 Prepared by: Roger Moore 10110t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna ceorgia 130080 2023 Explorer 4dr 4x2 Base (K7B) Price Level: 320 As Configured Vehicle (cont'd) Code Description MSRP STDAX STDGV Wheels & Tires STDTR STDWL Seats & Seat Trim 7 Other Options PAINT 119W8 STDRD 3.58 Non-Limited-Slip Rear Axle Ratio GW/R: TBD Tires: P255/65R18 AS BSW lncludes mini spare. Wheels: 1 8" S-Spoke Silver-Painted Aluminum lncluded lncluded lncluded lncluded Cloth Captain's Chairs lncluded lncludes $-way power drivels seat with power function for tilt and rectine, 4-way manual frontpassonge/ seal with fore/aft and recline and 2-way manually adjustable diver 6nd front passenger head restnints. Monotone Paint Application STD 1l9.1'Wheelbase STD Radio:AM/FM Stereo tnctuded lncludes MPs capability,6 speakers, speed-compensated volume and SiiusXM with a 3 monthprepaid subsciption. Service is not available in Alaska and Hawaii. All ShiusXM seNices require asubsciption, sold separately by SiiusXM afrer the tial peiod. Your SrirusXM seruice will automdtically stop at the end of your tial unless you decide to subscnbe. lf you decide to continueservice, the subsciption plan chosen will automatically renew and be chargbd according to your chosen paymenl method at the then-current rates. Fees and laxes apply. See the SiriusXM Customer Agreement & Privacy Policy at hftpsl/www.siiusxm.com/'viviw.siiusxm.com for fullterms and how to cancel, which includes online methods ot cailing 1-866-635-2349. Available in the lQ gontigqgus United Srales, Q.C- and Puerto Rico (with coverage limits and capable raceiver). Visit httpllvvww.siriusxm.con{FAQS for most curreni service areZ information. Availability of someservtbes and faatures is subject to device capabilities and location restnctlons. All fees, iontent andfeglules are subject to change. SiiusXM, Pandora and all related logos are trademarks of SirusXM Radio lnc. and its respective subsidiaries. lncludes: - FordPass Connect llglvdes 4G LTE Wi-Fi hotspot connects up to 10 devices with wireless data trial that begins upon AT&T activation and expires at the end of 3 months or when 3GB of data is used, whicheier comes first, brtt cannot exlend beyond lhe tial subsciption period for remote features. To activate, go towww.att.comlford, remote.ly stafl, lock and unlack vehicle, schedule specr,ic tlmes to remotely stadvehicle, locate parked whicle and check vehide status (FordPass Connect, the Ford Pass App.,and Complimentary Connected Seruices are required for remote faatures (see FordPass terms fordetails) Connected Seruice and features depend on compatible AT&T netwo* availability. Evolvingtechn6logy/cellular networksfuehicle capabiiity may limit iunclionality and prevent operatbn of connected features. Connected services excludes W-Fi hotspot.), Note. Fod Telematics and data services prep included for fleet only: FordPass Connect 4G Wi-Fi modem provides data to suppoiltelematics and data seryrces including bul not limited to vehicle location, speed, idle time, fuel, vehicle diagnostics and maintenance alefts. Davice enables telematics services through Ford orauthoized providers. Activate at www.fleet.ford.com or call833-FCS-Ford. (833-327-3673). - SyNC 3 Communications & Entertainment System Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of specia! local pricing, availability or pricing adiustments not reflected in the dealer's computer system. See salesperson for the mosl cunent information. 3 Prepared by: Roger Moore 10t10t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 3OOg0 2023 Explorer 4dr 4x2 Base (K7B) Pdce Level:320 As Configured Vehicle (cont'd) Code Description MSRP lncludes enhanced voice recognition, 8" L_CD capacitive touchscreen in center stack with swipe 9a.p9bility, 4ppLink,9.1.1 Assist,-Appte Car ptay aitd Anaroa auio iiipitiii'ij aiJT "A;'and 1 ,C, USB ports in the media hub. Emissions 42s lnterior Color 7N_01 Fleet Options YZ 02 50 State Emissions System STD Flexible. Fuel.Y-el,ctg (FFV) system is standard equipment for vehicles with the3.31T|-VCT V6 FFV engine. - Sandstone dCloth Captain's Chairs Oxford White N/C N/C SUBTOTAL Destination Charge $36,760.00 $1,495.00 TOTAL $38,255.00 Prices and content availability as shown are subjecl to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local p.icing, availability or pricing adjustments not reflected in the dealer's computer system See salesperson for the mosl current information. 4 Prepared by: Roger Moore 10t10t2022 Wade Ford, lnc. | 3860 South Cobb Drive Smyrna Georgia | 3OOSO 2023 Explorer 4dr 4x2 Base (K7B) Price Level:320 Warranty Standard Warranty Easrc Warranty Basic wananty Poweftrain Warranty Powertrain wananty Conosion Peioration Conosion perforation wananty Road side Assr.sfance Wa rranty Roadside warranty Accessories Wananty Accessories wananty 36 months/36,000 miles 60 months/60,000 miles 60 months/unlimited 60 months/60,000 miles 36 months/36,000 miles Prices and conlent availability as shown are subject to change and should be treated as estimales only. Actual base vehicle, package and option pricing may vary from this estimate because ol special local pricing, availability or pricing adiustments not reflected in the dealer's computer system. See salesperson for the mosl current information. 5 Administrative Services Committee Meeting 11/29/2022 1:20 PM 2022 - Ford Explorer - Wade Ford Department:Central Services Presenter:Ron Lampkin Caption:Request to purchase two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one for Housing and Community Development. Background:Due to the global shortage of computer chips and other parts, Ford has cancelled the orders for two 2022 Ford Explorers from Bid #22-182. Fleet contacted dealerships to locate other vehicle alternatives for the needed purchase request. Wade Ford currently has two 2023 Ford Explorers on order and accepted by Ford for production. Procurement issued a “Letter of Intent” to secure the orders for Augusta, Georgia. Analysis:The purchase of two mid-size SUVs were requested by the two departments to support the operational needs. The Procurement Department issued a “Letter of Intent” to secure the order for Augusta, Georgia. Wade Ford - $36,655.00 Financial Impact:216-03-7110/54.22220 $36,655.00 911 Center 221-07-3110/54.22210 $36,655.00 Housing and Community Development Alternatives:Do not approve the purchases. Recommendation:Request to purchase two Ford Explorers, at a total cost of $73,310 from Wade Ford, one for 911 and one for Housing and Community Development. Funds are Available in the Following Accounts: 216-03-7110/54.22220 $36,655.00 911 Center 221-07-3110/54.22210 $36,655.00 Housing and Community Development REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission CURRENT Information Technology Department Organizational Chart as of November 2022 Chief Information Officer SES II/Grade 33 Tax & ServicesProject Manager III Grade 24 Application Support Analyst II Grade 21 Application Support Analyst I Grade 19 Application Support Analyst II Grade 21 Financial & EnterpriseProject Manager III Grade 24 Application Support Analyst II Grade 21 Application Support Analyst I Grade 19 Application Support Analyst II Grade 21 Application Support Analyst I Grade 19 UtilitiesProject Manager VI Grade 27 CJISProject Manager III Grade 24 GIS Manager Grade 25 Application Developer III Grade 22 Application Support Analyst IGrade 19 GIS Analyst Grade 22 GIS Analyst (Addressing) Grade 21 GIS Specialist Grade 19 Technology Acquisitions Specialist Grade 17 Client Support/ Desktop Specialist I Grade 17 Client Support Analyst Grade 19 Client Support/ Desktop Specialist I Grade 17 Client Support/ Desktop Specialist III Grade 19 Help DeskSpecialist II Grade 18 Help Desk Specialist I Grade 17 Administrative Assistant III Grade 12 Security Administrator Grade 23 Systems Administrator Grade 23 Radio Systems Manager Grade 25 RF Administrator II Grade 23 Database Administrator II Grade 25 Database Administrator I Grade 24 Network Administrator III Grade 23 Network Administrator II Grade 22 Network Administrator I Grade 21 Telecomm. Administrator II Grade 23 Telecomm. Administrator I Grade 21 Infrastructure Supervisor Grade 26 Mission Augusta Information Technology will deliver quality technology services to empower our customers. Funded By Utilities Funded by Radio Fund Executive Management Client Support/ Desktop Specialist II Grade 18 RF Administrator I Grade 21 Asset Management Analyst II Grade 22 Asset Management Analyst I Grade 20 Split Funding with Utilities/Engineering Deputy CIO Infrastructure & Communications Grade 30 Deputy CIO Business Application Services Grade 30 Infrastructure & Communications (I&C) Group Client Support Services (CSS) Group Business Application Services (BAS) Group IT Project Leader Grade 21 Business & Innovation Manager Grade 24 Client Support Services Manager Grade 25 Geographic Information Systems (GIS) Group Business Analyst II Grade 20 Application Developer I Grade 20 PROPOSED Information Technology Department Organizational Chart Chief Information Officer SES II/Grade 34 Tax & Services Project Manager III Grade 26 Application Support Analyst II Grade 23 Application Support Analyst I Grade 21 Application Support Analyst II Grade 23 Finance & Enterprise Project Manager III Grade 26 Application Support Analyst II Grade 23 Application Support Analyst I Grade 21 Application Support Analyst II Grade 23 Application Support Analyst I Grade 21 Utilities Project Manager VI Grade 27 CJIS Project Manager III Grade 26 GIS Manager Grade 28 Application Developer III Grade 22 Application Support Analyst I Grade 21 GIS Senior Analyst Grade 24 GIS Data Analyst Grade 23 GIS Specialist Grade 21 Technology Acquisitions Specialist Grade 18 Client Support Specialist I Grade 18 Client Support Specialist I Grade 18 Client Support Specialist III Grade 22 Help Desk Specialist II Grade 19 Help Desk Specialist I Grade 18 Administrative Assistant III Grade 14 Security Administrator Grade 26 Systems Administrator Grade 26 Radio Systems Manager Grade 27 RF Administrator II Grade 23 Database Administrator II Grade 27 Database Administrator I Grade 26 Network Administrator III Grade 26 Network Administrator II Grade 24 Network Administrator I (Servers) Grade 22 Telecomm. Administrator II Grade 23 Telecomm. Administrator I Grade 21 Mission Augusta Information Technology will deliver quality technology services to empower our customers. Funded By Utilities Funded by Radio Fund Executive Management Client Support Specialist II Grade 19 Asset Project Manager Grade 25 Asset Support Analyst Grade 19 Split Funding with Utilities/Engineering Deputy CIO Infrastructure & Communications Grade 31 Deputy CIO Business Application Services Grade 31 Infrastructure & Communications (I&C) Group Client Support Services (CSS) Group Business Application Services (BAS) Group Desktop Administrator Grade 22 Business & Innovation Manager Grade 26 Client Support Services Manager Grade 28 Geographic Information Systems (GIS) Group Application Developer I Grade 21 Network Administrator I Grade 22 DRAFT – 11/9/22 Proposed title changes/reclasses marked in RED Proposed Information Technology Reorganization Cost Estimates Estimated Across-the-board Increase: 11% Estimated Impact for Information Technology - 101-01-5410 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Savings from Abolished Positions (4) (219,889.40) (13,633.14) (3,188.40) (34,400.00) (720.00) (16,359.77) (516.74) (288,707.45) Increase for Filled Positions (29) 206,264.10 12,788.37 2,990.83 - - 15,346.05 484.72 237,874.07 Reclassification of Vacant Positions (6) 25,123.00 1,557.63 364.28 - - 1,869.15 59.04 28,973.10 Portion of Split Positions (3) 16,183.94 1,003.40 234.67 1,290.00 27.00 1,204.09 38.03 19,981.13 Estimated Cost Savings 27,681.64 1,716.26 401.38 (33,110.00) (693.00) 2,059.51 65.05 (1,879.15) Estimated Impact for Utilities Department - 506-04-3110 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Portion of Split Positions (4) 7,591.52 470.67 110.08 - - 564.81 17.84 8,753.92 Estimated Increase* 7,591.52 470.67 110.08 - - 564.81 17.84 8,753.92 Estimated Impact for Engineering/Stormwater - 581-04-4320 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Portion of Split Positions (5) 741.98 46.00 10.76 (1,290.00) (27.00) 55.20 1.74 (462.32) Estimated Cost Savings** 741.98 46.00 10.76 (1,290.00) (27.00) 55.20 1.74 (462.32) Estimated Impact for Radio Fund - 131-01-5410 Items Salary Fica Medicare Hosp Life GMEBS LT Disablity Total Increase for Radio Systems Manager 7,534.45 467.14 109.25 - - 560.56 17.71 8,689.10 Estimated Increase* 7,534.45 467.14 109.25 - - 560.56 17.71 8,689.10 * Funds are available within 2023 budget. ** Savings due to reclassification and change in cost allocation for Asset Support Analyst position (IT portion increasing from 30% to 45%). PROPOSED - 11/9/2022 Administrative Services Committee Meeting 11/29/2022 1:20 PM Information Technology Department Reorganization Department:Information Technology Department Presenter:Ms. Tameka Allen, CIO Caption:Approve the Information Technology Department’s Reorganization to include Reduction in Force (RIF) if necessary. Background:Information Technology has always held a low turnover rate in its departmental employment. If there were any departures, it was mostly due to the employee moving and/or retiring. Currently, we have eleven (11) open positions. In the past year, it has been very difficult to retain and/or recruit new staff. The demand for technology skills has grown significantly and many agencies are able to offer recruitment benefits like sign-on bonuses, total remote work, etc. Unfortunately, it has become more and more difficult to compete with the private sector. Analysis:Each year, the departmental function is assessed to make sure we are meeting the needs of the customers. In the past two months, the Leadership Team has conducted several meetings, reviewed all job descriptions and researched other technology agencies. Information Technology has also performed its due diligence by meeting with Human Resources, Finance and Administration. In an attempt to retain current staff and recruit new skilled staff, the Information Technology Department Leadership Team final recommendations include 1) Abolish vacant positions, 2) provide an across the board retention increase to all current employees and 3) adjust job descriptions and classifications as needed. The proposal will provide a small cost savings in the Information Technology Budget and better align resources with customer needs. A Reduction in Force (RIF) may be needed as part of the alignment process. However, all current staff will be offered positions within the department. Overall, this will allow the department a better opportunity to retain current staff and recruit the necessary additional staff. Financial Impact:This can all be obtained within the current budget. There will actually be a small cost savings to the Information Technology Department Budget. Alternatives:Do not approve the agenda item. Recommendation:Approve the Information Technology Department’s Reorganization to include a Reduction In Force (RIF) if necessary. Funds are Available in the Following Accounts: 101015410 forwarded for discussion dbw REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission From: Sent: To: Cc: Subject: Ms. Bonner, Takiyah A. Douse Monday, November 21,2022 4:39 PM Lena Bonner Natascha Dailey; Natasha L. McFarley; Nancy Morawski Agenda ltem 11.29.2022 Please add the following agenda item to the Administrative Services Committee Agenda scheduled for November 29, 2022: Motion: Receive as:lnformation a report,from the lnterim Administrator and Gefqral Counsel of theiifindings after meeting with the nEsO. - Background: On Nqvember 15, 2022th*e Augusta Commission directed the lnteqim Administrator aqglGeleral Counsel to meet with the RCSO to discuss the involuntary conversation of hotels from an inhkeeper/guest relbtffinship to that of a landlord/tenant relationship and its discriminatory consequences. Should you have any questions, please feel free to contact me. Thanks, Takiyah A. Douse I Interim Administrator Augusta - Richmond County 535 Telfair Street Augusta, Ga 3o9or(p) Zo6-8zr-24oo I (0 Zo6-8zr-z8rg those of the City of Augusta. E"r-rail transmissions cannot be guaranteed to Le secure or error-free as inforn';ation could be intercepted, corrupted, lost, destroyed, a resuli 01 lhe e-mail iransmission. 11 veri'iication is required, please request a haid copy version.AED:1 04.1 tr Administrative Services Committee Meeting 11/29/2022 1:20 PM Report from Meeting with RCSO Department: Presenter: Caption:Receive as information a report from the Interim Administrator and General Counsel of their findings after meeting with the RCSO. (Requested by the Interim Administrator) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: