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Home My WebLink About2020-09-15 Meeting MinutesCommission Meeting Agenda Virtual/Teleconference - 9/15/2020 ATTENDANCE: INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. Christopher Mulliens regarding Equity and Prosperity for Underserved Community. Item Action: None Christopher_Mulliens.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Mr. Mulliens did not appear before the Commission. B. JoRae Jenkins regarding fair elections in Augusta-Richmond County. Item Action: None 2020-01-09_JoRae_Jenkins.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Ms. Jenkins did not appear before the Commission and will be postponed until the next Commission meeting. C. Keith Henry regarding maintenance issues on Henry Street. (Deferred from the August 18, 2020 meeting requested by Commissioner Mary Davis) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Mr. Henry made a presentation to the Commission. CONSENT AGENDA (Items 1-8) PLANNING 1. FINAL PLAT – Walker Hill, Section 4 – S-856-IV – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James G. Swift & Associates, on behalf of Walker Hill, LLC, requesting final plat approval of Walker Hill Section 4. This addition to a residential subdivision is located at 3500 Walker Creek Road and contains 23 lots. DISTRICT 8 Item Action: Approved final_plat_Walker_Hill_IV.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 2. Z-20-40– A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Louis White, on behalf of A+ Financial Services, Inc., requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.46 acres and known as 3215 Wrightsboro Road. Tax Map 042-1-033-02-0 DISTRICT 3 1. Redevelopment of the site must comply with the Augusta Tree Ordinance. 2. A minimum 20 foot natural buffer must be maintain along the rear property line. 3. Direct outdoor lighting away from nearby residential development. Item Action: Approved z-20-40_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 3. Z-20-43 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Ayodele Ayeduh requesting to establish a Family Personal Care Home per Section 26-2-(h) of the Comprehensive Zoning Ordinance for Augusta Georgia and O.C.G.A. at 36-66-4(f) of the Georgia State Code affecting property located at 1612 Apple Valley Drive. Tax Map 123-4-020-00-0 - Zoned R-1C (One- family Residential) DISTRICT 1 1. The home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 5 residents total with staff coming in shifts. Any live-in staff will be counted towards the maximum occupancy of 5 residents. 3. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception. 4. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 5. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not Item Action: Approved limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. z-20-43_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 4. Z-20-44 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Anthony Pearson, on behalf of Linda Pearson requesting to amend a condition of Z-19-27 pertaining to the required age of the manufactured home allowed be placed on the property be 10 years or old or newer affecting property containing 0.13 acres and located at 1775 Nixon Road. Tax Map 099-1-025-00-0 Zoned A (Agriculture)DISTRICT 2 Item Action: Approved z-20-44_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 5. Z-20-45 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by R. E. Shearer Construction, on behalf of TCP Development Co. Inc., requesting a change of zoning from B-1 (Neighborhood Business) to Zone B-2 (General Business) Item Action: Approved affecting property containing 6.22 acres and known as 218 Davis Road. Tax Map 016-1-029-00-0 DISTRICT 7 1. Direct outdoor lighting away from nearby residential development. 2. A minimum 100 foot natural buffer must be maintained along the rear property line. 3. Include a loading space on the concept plan that meets the standards outlined in Section 4-4 of the Comprehensive Zoning Ordinance. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. z-20-45_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 6. Z-20-46 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by the Jud C. Hickey Center for Alzheimer’s Care Inc., on behalf of the Knox Foundation Inc., requesting a change of zoning from Zone PUD (Planned Unit Development) to Zone B-1 (Neighborhood Business) affecting property containing approximately 1.4 acres and known as part of 227 Folkstone Circle. Part of Tax Map 011-0-227-00-0 DISTRICT 7 1. All parcels shall be combined before the plan is submitted for site plan review. 2. A minimum of 10 foot landscaped/natural buffer shall be placed/remain along all borders of the property. Buffers shall not hinder site distance along Washington Road and Lutheran Drive. 3. Ingress/egress shall line up with adjacent curb cuts along Lutheran Drive for the Advent Lutheran Church at 3232 Washington Road. 4. Outdoor lighting shall be directed away from nearby residential development. 5 A minimum of 27 parking spaces shall be provided for 18- 20 employees and 1 space per 3 patients at maximum capacity. 6. A Special Exception to create a facility greater than 15,000 square footage must be obtained prior to development of the site. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Item Action: Approved z-20-46_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 7. Z-20-47 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by the Jud C. Hickey Center for Alzheimer’s Care Inc., on behalf of the Knox Foundation Inc., requesting a Special Exception to establish an Adult Day Care Facility in a building that will exceed 15,000 sq. ft. in a B-1 (Neighborhood Business) Zone per Section 21-2 of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately 6.5 acres and known as 3240 Washington Road and part of 227 Folkstone Circle. Tax Map 011-0- 228-00-0 and part of 011-0-227-00-0 DISTRICT 7 1. All parcels shall be combined before a plan is submitted for site plan review. 2. A minimum of 10 foot landscaped/natural buffer shall be placed/remain along all borders of the property. Buffers shall not hinder site distance along Washington Road and Lutheran Drive. Additionally, there will be a privacy fence and vegetative buffer at the corner boundary with Woodbine West. 3. Ingress/egress shall line up with adjacent curb cuts along Lutheran Drive for the Advent Lutheran Church at 3232 Washington Road. 4. Outdoor lighting shall be directed away from nearby residential development. 5. A minimum of 27 parking spaces shall be provided for 18-20 employees and 1 space per 3 patients at maximum capacity. 6. Any use established as a result of a Special Exception granted per Subsection 21-2 must be initiated within six (6) months of the granting, or the Special Exception shall no longer be valid. The initiation of a use is established by the issuance of a valid business license by the Augusta Planning and Development Department or by other reasonable proof of the establishment of vested rights. If a Special Exception is granted and the use is initiated but later ceases to operate for a period of one (1) year, then the Special Exception shall no longer be valid. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Item Action: Approved z-20-47_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes PETITIONS AND COMMUNICATIONS 8. Motion to approve the minutes of the Regular and Special Called Meetings held on September 1, 2020. Item Action: Approved Regular_Commission_Meeting_September_1_2020.pdf Called_Commission_Meeting_September_1_2020.pdf Called_Commission_Meeting_Sept._1_2020.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/15/2020 AUGUSTA COMMISSION REGULAR AGENDA 9/15/2020 (Items 9-38) PUBLIC SERVICES 9. Motion to approve Existing Location: A.N. 20-33: request by Roderick D. Stokes for a consumption on premise Liquor, Beer & Wine License to be used in connection with TRUTH Augusta, Inc. located at 1511 North Leg Rd. There will be Dance. District 5. Super District 9. Item Action: Approved AN.20-33.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom and Mr. Garrett out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes 10. Motion to approve New Location: A.N. 20-34: request by Ahmed Bayoumi for a retail package Beer & Wine License to be used in connection with City Hub located at 2614 Peach Orchard Rd. District 2. Super District 9. Item Action: Approved AN.20-34.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom and Mr. Garrett out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes 11. Motion to approve JHC Corporation as the construction vendor Bid Item 20- 173 for Phase II of the Lombard Mill Preserve Trail, $533,612.00 and approval to redirect a portion of SPLOST 7 funds between Hiking/Biking Trails and Community Center Improvements. Item Action: Approved Recommendation_Letter_-_Bid_Item_#20-173_-_Lumbard_Mill_Preserve_Trail_Phase_2.pdf 20-173_ITB_to_Paper.docx.pdf 20-173_TAB.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Vendor_Summary_Registry.pdf Compliance_Information.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner Ben Hasan. Motion Passes 8-1. Commissioner Marion Williams Commissioner Mary Davis Passes 12. Motion to approve acceptance of FAA AIP Grant No. 3-13-0011-044-2020 in the amount of $7,176,841.00 and GDOT FY 2021 Grant (Contract 62):of GDOT Grant Award in the amount of $1,861,166.93 for Rehabilitate Runway 8-26 and Electrical at Bush Field. Item Action: Approved 2020-04-09_GDOT_Grant_Award.pdf 2020-15.09_Agenda_Item_-_2020_AIP_Grant__2021_GDOT_Grant_Acceptance_(002).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to approve deleting this item from the agenda and listing it as Augusta Regional Airport at Bush Field. Mr. Frantom out. Commissioner Mary Davis Commissioner Ben Hasan Passes Voting No: Commissioner John Clarke. Motion Passes 8-1. 13. Update from staff on the theft occured at Recreation Department. (Requested by Commissioner Marion Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be received as information without objection. ADMINISTRATIVE SERVICES 14. Approve Anthem/BCBS of Georgia Medicare Advantage PPO Renewal. Item Action: Approved Augusta-Richmond_County_PS_Renewal_Exhibit_2021.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 15. ADA Transition Plan Update, 2020 Item Action: Approved 2020_ADA_Transition_Plan_draft_8.21.20.pdf 2020-1509_ADA_Transition_Plan_Update_Presentation_2020.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 16. Motion to approve Housing and Community Development Department’s (HCD's) request to provide NSP funding to Sand Hills Urban Development (SHUD) and Antioch Ministries (AM) to develop two (2) single family units for low to moderate income families. Item Action: Approved HCD_SHUD-2538_Dover_Street(NSP)_Contract.doc HCD_AMI-1228_Holley_Street_Contract.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner William Fennoy. Motion Passes 9-1. Commissioner Marion Williams Commissioner Sammie Sias Passes 17. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low-to-moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program. Item Action: Approved HCD_HOME_Subsidy_contract_1215_Perry_Ave.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Marion Williams Commissioner Sammie Sias Passes 18. Motion to approve seven (7) Rehabilitation projects. Item Action: Approved HCD_Rehabilitation_contract.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Marion Williams Commissioner Sammie Sias Passes 19. Motion to approve Housing and Community Development Department’s (HCD's) request to provide one (1) HOME funding to Sand Hills Urban Development to develop a single family unit for a low to moderate income family. Item Action: Approved HCD_SHUD-2549_Miles_St_Contract.doc ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Marion Williams Commissioner Sammie Sias Passes 20. Status update on the recruitment/hiring process of an Administrator. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve deleting this item from the agenda. Mr. Commissioner Mary Davis Commissioner Ben Hasan Passes Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. FINANCE 21. Motion to Decline implementation of optional payroll tax deferral program. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes ENGINEERING SERVICES 22. Discuss the process for the rebidding of the current garbage haulers contracts. (Requested by Commissioner Marion Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve looking at rebidding the garbage contracts. Commissioner Marion Williams Commisioner Sean Frantom Withdraws The motion is withdrawn and the item is received as information with the Commission to receive a copy of the timeline and a copy of the current garbage haulers contract. Motions Motion Text Made By Motion Type Seconded By Motion Result Approve Substitute motion to approve a contract extension. Commissioner Ben Hasan Withdraws 23. Approve the Emergency Storm Sewer repair and replacement at 12th Street (between Dugas St. and Miller St.) for actual expenses of $1,026,472 ($964,992.25 construction-ER Snell Contractor, Inc., $61,480.00 design- GMC) funded through Stormwater SPLOST VII funds as requested by AED. Item Action: Approved Memorandum_for_Emergenecy_Repair_12th_Street.pdf GMC_-_Emergency_12th_St_(Dugas__Miller_St)_$61480.00.pdf ER_Snell_-_Emergency_12th_St_(Dugas__Miller_St)_$964992.25.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commissioner William Fennoy Passes 24. Motion to determine that Tenth Street between Walker Street and the Augusta Canal as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Item Action: Approved Map_Tenth_Street_between_Walker_Street__Augusta_Canal.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Commissioner Mary Davis Commissioner Ben Hasan Passes Voting No: Commissioner John Clarke. Motion Passes 8-1. 25. Motion to determine that the Alley between 1512 and 1514 Laney Walker Blvd as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Item Action: Approved Map_Alley_between_1512__1514_Laney_Walker_Blvd.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 26. Motion to determine that Ellis Street between 209 and 211 Fifteenth Street as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Item Action: Approved Map_of_Ellis_Street_209-211_Fifteenth_Street.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 27. Motion to determine that Emmett Street Lane up to 1109 Emmett Street as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Item Action: Approved Map_Emmett_Street_Lane_ROW_Abandonment.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 28. Motion to determine that a Portion of Jim Dent Way as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Item Action: Approved Map_-_Portion_of_Jim_Dent_Way.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 29. Motion to Approve Change Order for the Professional Services Contract with Woolpert, Inc. to implement Cityworks Asset Management Software for the Augusta Utilities Metering and Customer Service Division and integrate with enQuesta CIS Software for the amount of $75,000.00. Item Action: Approved Woolpert_Professional_Contract_Change_Order_01.pdf Woolpert_Change_Order_01.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 30. Approve Augusta Engineering Department’s Work Request with Modern Business to Modify and Reorganize Augusta Engineering Department Walker Street Operations Storage Area and Construct two Workstations in the amount of $41,036.99. Requested by AED. Item Action: Approved Agenda_Item_proposal_Modern_Business___8.17.2020.docx.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes ADDENDUM 31. Motion to approve the Augusta Fire Department to accept $50,525.24 of funding from the FEMA Assistance to Firefighters sponsored COVID-19 grant and use $5,052.52 from the Fire Department's operating budget to meet the grant's 10% cost share requirement. Item Action: Approved Fire_Department_Attachments.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Brandon Garrett Commissioner Dennis Williams Passes 32. Motion to approve Existing Location: A.N. 20-35: request by Shreeraj J. Patel for a retail package Beer & Wine License to be used in connection with GURU 98, LLC dba Circle K located at 3434 Wrightsboro Rd. District 5. Super District 9. (A request from the Planning & Development Department to add. (No fault of the applicant) The application has been approved by R.C.S.O. & Planning & Development. At the present time they have no known objectors to this application. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom and Mr. Garrett out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes 33. Motion to ratify acceptance of Annual GDOT/FTA Section 5303 Transit Grant in the amount of $157,977.00. Item Action: Approved 5303_GDOT_Grant--Finance_Letter.pdf FTA_5303_Contract_FY_2021.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 34. Motion to approve $50,000 funding request to assist Greater Augusta’s Interfaith Coalition's Total Census Count Initiative. To support census responses from hard to count citizens and the support for 15 sites of Item Action: Disapproved activities for respondents of the local Census Count. (Requested by Commissioner Bill Fennoy) ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the allocation of $25,000 in funding. Mr. Frantom out. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-6. Commissioner Ben Hasan Commissioner William Fennoy Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve the allocaation of $10,000 in funding. Voting No: Commissioner Commissioner Bobby Williams Commissioner Dennis Williams Fails John Clarke, Commissioner Mary Davis, Commissioner Brandon Garrett, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Marion Williams. Motion Fails 3-6. 35. Discuss and offer solutions for ongoing grounds maintenance shortfalls that is the city's main entry points into the county. (Requested by Commissioner Brandon Garrett) Item Action: Approved 2020-01-09_Comm._B._Garrett.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to approve deleting this item from the agenda. Mr. Frantom out. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Mary Davis Commissioner Ben Hasan Passes 36. Motion to authorize Finance to disburse checks from the Chatham County reimbursement, accepted by Commission on July 21, 2020, for the 2019 Hurricane Dorian shelter response. Richmond County School System: $273,677.24; Richmond County Health District: $112,476.91; Animal Item Action: Approved Services: $1,607.34; Augusta Transit: $408.11, and Richmond County Sheriff’s Office: $45,377.64. ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Dennis Williams Commissioner William Fennoy Passes 37. Motion to approve Dedication Plaque for New Fire Station #20. Item Action: Approved SGM_Printer20081812580.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Dennis Williams Commissioner William Fennoy Passes 38. Motion to approve acceptance of FAA AIP Grant No. 3-13-0011-044-2020 in the amount of $7,176,841.00 and GDOT FY 2021 Grant (Contract 62) of GDOT Grant Award in the amount of $1,861,166.93 for Rehabilitate Runway 8-26 and Electrical at Bush Field. (Approved in Special Called Meeting held September 11, 2020) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 39. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 9/15/2020 2:00 PM Attendance 9/15/20 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQTIEST FORM Commission meetings: First and third ruesdays of each month - 2:fi) p.m. Committee meetings: second and last Tuesdays of each month - r:00 p.m. (Please check one and insert meeting date) Date of Meeting September 1,2020 Com mission/Com m ittee: t/ Commission Public Safety Committee Public Services Committee Adm inistrative Services Committee Engineering Services Committee Finance Committee Date ofMeeting Date of Meeting Date of Meeting Date of Meeting Date ofMeeting Contact Information for IndividuaUPresenter Making the Request: Name: Telephone Number: 1zo6)94s€1so Fax Number: E-Mail Address: crnuuiens@omail@m Caption/Topic of Discussion to be placed on the Agenda: Equitv and Prosperitv for Underserved Community Please send this request fonn to the following addrcss: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 70G821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOIIice no Iater than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preeding the Committee meeting of the following week A five-minute time limit witl be allowed for presentations. Commission Meeting Agenda 9/15/2020 2:00 PM Christopher Mulliens Department: Department: Caption:Mr. Christopher Mulliens regarding Equity and Prosperity for Underserved Community. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. commission/committee: (Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee SqP- 6fr eYwr Date of Meetins q \\ \ 2oZO Date of Meeting _ Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Informafion for IndividuallPresenter Making the Request: Name: Address: Telephone Num Fax Number: l/ E-Mail Address: on the Agenda: Please send this request form Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 to the following address: Telephone Number: 706-821-1820 Fax Number: 706-821-1838 E-MaitAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meefing of the following week. A five- minute time limit will be allowed for presentations. Commission Meeting Agenda 9/15/2020 2:00 PM JoRae Jenkins Department: Department: Caption:JoRae Jenkins regarding fair elections in Augusta-Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Keith Henry Department: Department: Caption: Keith Henry regarding maintenance issues on Henry Street. (Deferred from the August 18, 2020 meeting requested by Commissioner Mary Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Final Plat - Walker Hill Sec. 4 Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – Walker Hill, Section 4 – S-856-IV – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James G. Swift & Associates, on behalf of Walker Hill, LLC, requesting final plat approval of Walker Hill Section 4. This addition to a residential subdivision is located at 3500 Walker Creek Road and contains 23 lots. DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Z-20-40 Department:Planning and Development Department:Planning and Development Caption: Z-20-40– A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Louis White, on behalf of A+ Financial Services, Inc., requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 0.46 acres and known as 3215 Wrightsboro Road. Tax Map 042-1-033-02-0 DISTRICT 3 1. Redevelopment of the site must comply with the Augusta Tree Ordinance. 2. A minimum 20 foot natural buffer must be maintain along the rear property line. 3. Direct outdoor lighting away from nearby residential development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Z-20-43 Department:Planning and Development Department:Planning and Development Caption: Z-20-43 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Ayodele Ayeduh requesting to establish a Family Personal Care Home per Section 26-2-(h) of the Comprehensive Zoning Ordinance for Augusta Georgia and O.C.G.A. at 36-66-4(f) of the Georgia State Code affecting property located at 1612 Apple Valley Drive. Tax Map 123-4- 020-00-0 - Zoned R-1C (One-family Residential) DISTRICT 1 1. The home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 5 residents total with staff coming in shifts. Any live-in staff will be counted towards the maximum occupancy of 5 residents. 3. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception. 4. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 5. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Z-20-44 Department:Planning and Development Department:Planning and Development Caption: Z-20-44 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Anthony Pearson, on behalf of Linda Pearson requesting to amend a condition of Z-19-27 pertaining to the required age of the manufactured home allowed be placed on the property be 10 years or old or newer affecting property containing 0.13 acres and located at 1775 Nixon Road. Tax Map 099-1-025-00-0 Zoned A (Agriculture)DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Z-20-45 Department:Planning and Development Department:Planning and Development Caption: Z-20-45 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by R. E. Shearer Construction, on behalf of TCP Development Co. Inc., requesting a change of zoning from B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing 6.22 acres and known as 218 Davis Road. Tax Map 016-1-029-00-0 DISTRICT 7 1. Direct outdoor lighting away from nearby residential development. 2. A minimum 100 foot natural buffer must be maintained along the rear property line. 3. Include a loading space on the concept plan that meets the standards outlined in Section 4-4 of the Comprehensive Zoning Ordinance. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Z-20-46 Department:Planning and Development Department:Planning and Development Caption: Z-20-46 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by the Jud C. Hickey Center for Alzheimer’s Care Inc., on behalf of the Knox Foundation Inc., requesting a change of zoning from Zone PUD (Planned Unit Development) to Zone B-1 (Neighborhood Business) affecting property containing approximately 1.4 acres and known as part of 227 Folkstone Circle. Part of Tax Map 011-0-227-00-0 DISTRICT 7 1. All parcels shall be combined before the plan is submitted for site plan review. 2. A minimum of 10 foot landscaped/natural buffer shall be placed/remain along all borders of the property. Buffers shall not hinder site distance along Washington Road and Lutheran Drive. 3. Ingress/egress shall line up with adjacent curb cuts along Lutheran Drive for the Advent Lutheran Church at 3232 Washington Road. 4. Outdoor lighting shall be directed away from nearby residential development. 5 A minimum of 27 parking spaces shall be provided for 18-20 employees and 1 space per 3 patients at maximum capacity. 6. A Special Exception to create a facility greater than 15,000 square footage must be obtained prior to development of the site. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Z-20-47 Department:Planning and Development Department:Planning and Development Caption: Z-20-47 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by the Jud C. Hickey Center for Alzheimer’s Care Inc., on behalf of the Knox Foundation Inc., requesting a Special Exception to establish an Adult Day Care Facility in a building that will exceed 15,000 sq. ft. in a B-1 (Neighborhood Business) Zone per Section 21-2 of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing approximately 6.5 acres and known as 3240 Washington Road and part of 227 Folkstone Circle. Tax Map 011-0-228-00-0 and part of 011-0-227-00-0 DISTRICT 7 1. All parcels shall be combined before a plan is submitted for site plan review. 2. A minimum of 10 foot landscaped/natural buffer shall be placed/remain along all borders of the property. Buffers shall not hinder site distance along Washington Road and Lutheran Drive. Additionally, there will be a privacy fence and vegetative buffer at the corner boundary with Woodbine West. 3. Ingress/egress shall line up with adjacent curb cuts along Lutheran Drive for the Advent Lutheran Church at 3232 Washington Road. 4. Outdoor lighting shall be directed away from nearby residential development. 5. A minimum of 27 parking spaces shall be provided for 18-20 employees and 1 space per 3 patients at maximum capacity. 6. Any use established as a result of a Special Exception granted per Subsection 21-2 must be initiated within six (6) months of the granting, or the Special Exception shall no longer be valid. The initiation of a use is established by the issuance of a valid business license by the Augusta Planning and Development Department or by other reasonable proof of the establishment of vested rights. If a Special Exception is granted and the use is initiated but later ceases to operate for a period of one (1) year, then the Special Exception shall no longer be valid. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 20-33: request by Roderick D. Stokes for a consumption on premise Liquor, Beer & Wine License to be used in connection with TRUTH Augusta, Inc. located at 1511 North Leg Rd. There will be Dance. District 5. Super District 9. Background:This is an Existing Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $2,485.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 20-34: request by Ahmed Bayoumi for a retail package Beer & Wine License to be used in connection with City Hub located at 2614 Peach Orchard Rd. District 2. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $665.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Invitation to Bid Sealed bids will be received at this office until Tuesday, April 21, 2020 @ 11:00 a.m. for furnishing: Bid Item #20-173 Lombard Mill Preserve Trail – for Augusta, GA – Recreation and Parks Department Commodity Codes: 022-910-63, 018-961-85, 032-911-00 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $125.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, March 12, 2020. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, April 3, 2020 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Mandatory Site Visit will follow. 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, April 7, 2020 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 12, 19, 26, April 2, 2020 Metro Courier March 12, 2020 Revised: 2/2/2016 OFFICIAL VENDORS RD Brown Contractors, Inc.410 Carolina Springs Rd. N. Augusta, SC 29841 JHC Corporation 10129 Peachtree Pkwy Peachtree City, Ga 30269 Attachment "B"Yes Yes E-Verify 49110 413897 SAVE Form Yes Yes Addendum 1& 2 Yes Yes Bid Bond Yes Yes Compliance Review 14% Goal NO Non-Compliant Yes Lump Sum Total $501,794.00 $474,216.00 Alternate 1 $98,645.00 $59,396.00 Grand Total $600,439.00 $533,612.00 ITB Bid Opening for Bid Item #20-173 Lombard Mill Perserve Trail for Augusta, GA - Recreation and Parks Department Bid Date: Tuesday, June 17, 2020 @ 11:00 a.m. VIA ZOOM Total Number Specifications Mailed Out: 47 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 164 Georgia Procurement Registry: 446 Pre-Proposal Conference Attendees (ZOOM): Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 Commission Meeting Agenda 9/15/2020 2:00 PM Approval of Bid Item #20-173 Lombard Mill Preserve Trail to JHC Corporation Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve JHC Corporation as the construction vendor Bid Item 20-173 for Phase II of the Lombard Mill Preserve Trail, $533,612.00 and approval to redirect a portion of SPLOST 7 funds between Hiking/Biking Trails and Community Center Improvements. Background:Continue the development of the Lombard Mill Preserve Trail is a proposed 2-mile loop around the pond connecting the existing 55-acre greenspace to hundreds more acres preserved by the Land Trust along Butler Creek, establishing a twelve mile-long greenway that will stretch from Fort Gordon to Phinizy Swamp and Lock and Dam Park. Analysis:This motion would allow a variety of outdoor recreational opportunities to include an extended regional trail system for the Augusta River Region. Construction of the first phase of this project trail was successfully completed in fall, 2011. Funding will come from SPLOST VII. Financial Impact:This project will allow residents of the Augusta, Georgia area as well as visitors to Augusta, Georgia to enjoy nature while walking, hiking or biking. $490,000 in SPLOST VII is set aside for this project. The remaining $43,612.00 will be pulled from SPLOST VII funding allotted for Community Center Facilities. Alternatives:1. To approve 2. To move to no action Recommendation:1. To approve Funds are Available in the $490,000 in SPLOST VII is set aside for this project. 329061110-5412110 (JL TBD) The remaining $43,612.00 will Following Accounts: be pulled from SPLOST VII funding allotted for Community Center Facilities. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Review and sign document(s) | DocuSign Select Start to begin Page 1 of I START ) trocu$Wr €nv*lop* IE; Sfl6tAtr$?-E3FS4 * &A-$0SE-838A84fi OS{*F ( l11151,fi|;f1+:rm;i;' i,.,': rriri.s,;:,;;;1,. $l;i#, ". https:llna2.docusign.net/Signing/?ti:6680e828870a4bb0b88e34a805Rf36f /a r]lltli{ll Gilfi}T RusselI H. McMurry, F.E.* Scffil One Seorgia C*nter 60S West Feachtree h{W Atlsnts, GA 3fl3$8 {4S4} S3't -1 SS0 Main Sflice September 1,202n Se$.tgim Su*f*c,r t rnwnri xr{ Y{e ns${ilffi ti,pn The HonsrabXe Hardie Dayis,lr.. Mayor Augustar Richmsnd Cou nty 535 Tetfair Street, $uite 200 Augusta, 6A 3CI9$3. tn fte: AP02X-9$00-62{:451 fiichmond PtD - T007110 Contraqt Amount - $1,861,166,93 Deer Mayor Savls: Enqlosed for execution by Augusta-fiirhrnond County is *n electronie contract for flY I02[ to r, runway 8-16 *rrd elfftrical et Au$u$t* RegionaI Ail"port at Bu$h fistd in August*, 6A. This projr eontaiHs $1,861.166.93 of st8t6 fundr rrvith a local share of tlre cost being $eZO,lAg.gl. Thrre frderalfunds lncluded in this csntract" As you atre aware, the Department has transitioned to an electronic contract executlon prCIces pages needl$lg FignatL!res have been flagged wittr the individual's narne to sign" However, instr ho$.r ts cornplete the electronic rontract willbe emailed to ail required to sign the contract" Fl to these instructions as needed to complete the electrenic process. Flease do not hesitate to any mernber of the oontracts staff listed belotrrr if you have any questions. After the contrart has bcen fulNy executed. the Departrnent will issue an electronic notificetiot andiceting the csntract proce$$ has been cornplrted along uvith a copy of the exueuted csntril{ contrfrct is not valld untll a written "l{stice ts Proceed" ls receivrd fr^nrn 6DOTs ilntermodalsl Augusro-fri{ftmond County musr cornply wfrh dllopp#rab/e fAA reguiotfons, pollcies, procedur direcfiyes. lf you irave further questions, please do not hesltate t6 contact Corzetta Motley, Contracts,/Gl Manager, at (4O41 631-1073, or Jewell Stroaier, Contracts Specialist, at (a0a! 63L-1826. Silncerely, mr."::"'^c;srd L.cmqHkrk"f;"-. ;;,,-iHWIr***#* 913/2020 DATE: September 10, 2020 STAFF RESOURCE: Mr. Herbert Judon, Airport Executive Director PROJECT TITLE: FAA AIP Grant No. 3-13-0011-044-2020 & GDOT 2021 Grant (Contract 62) Acceptance ACTION REQUESTED: For the acceptance of FAA AIP Grant No. 3-13-0011-044-2020 and GDOT FY 2021 Grant (Contract 62): On September 3, 2020, Augusta Regional Airport and the City of Augusta was awarded a multi-year FAA AIP Grant No. 3-13-0011-044-2020 in the amount of $8,326,322.00. It is anticipated that this grant will fund projects in fiscal years 2020 and 2021. This grant was approved for the following projects at Augusta Regional at Bush Field Airport:  Improve Terminal Building – Baggage System Rehabilitation – Construction  Rehabilitate Air Carrier & GA Apron (30,000 SY) – Construction  Acquire Aircraft Rescue & Fire Fighting Safety Equipment – Foam Testing Equipment  Construct Taxiway A3 (750 ft) – Design/Construction The maximum obligation by the FAA in FY 2020 is $7,176,841.00. This amount is authorized for the above projects except for the Improve Terminal Building – Baggage System Rehabilitation – Construction. This project will be funded through this grant through FY 2021. On September 1, 2020, Augusta Regional Airport and the City of Augusta was awarded a Georgia State Grant, Contract 62, through the Georgia Department of Transportation in the amount of $1,861,166.93. This grant was approved for the following project at Augusta Regional at Bush Field Airport:  Rehabilitate Runway 8-26 and Electrical Improvements - Construction The maximum obligation by the GDOT in FY 2021 is $1,851,166.93. The remaining cost of the project will be funded through the Airport local share totaling $620,388.97. It is hereby requested that the Aviation Commission approve this FAA AIP Grant No. 3-13-0011-044- 2020 in the amount of $8,326,322.00 and GDOT FY 2021 Grant (Contract 62) in the amount of $1,861,166.93 to complete the respective projects referenced above. BACKGROUND: On June 25, 2020, Mead & Hunt submitted AIP Grant No. 3-13-0011-044-2020 to Anna Lynch at the Atlanta ADO. This grant included the ARFF Apparatus Modification, the Rehabilitation of the General Aviation Apron – Phase III project, the Taxiway A3 Design and Construction project, and the Baggage Handling System Improvement project. The application included the cost of construction, design (Taxiway A3), and the construction administration services. In reviewing the received grant, the FAA has fully funded the projects applied for in the amount of $8,326,322.00. This funding will be allocated from 2020 through 2021 for the previously mentioned projects. On June 30, 2020, Mead & Hunt submitted the Runway 8-26 Rehabilitation Bid documents and grant request to Colette Edmisten, Steve Brian, and Brian Walden at the Georgia Department of Transportation. The grant request included the cost of construction and the construction administration services. In reviewing the received contract from GDOT, it appears that GDOT has awarded their 75% match as requested in the amount of $1,861,166.93. It is hereby requested that the Aviation Commission approve this FAA AIP Grant No. 3-13-0011-044- 2020 in the amount of $8,326,322.00 and GDOT FY 2021 Grant (Contract 62) in the amount of $1,861,166.93 to complete the respective projects referenced above. ANALYSIS: 1. Accept FAA AIP Grant No. 3-13-0011-044-2020 in the amount of $8,326,322.00 for the ARFF Apparatus Modification, Apron Phase III Rehabilitation, Baggage Handling System Improvement project, and Taxiway A3 Design and Construction. 2. Accept GDOT FY 2021 Grant (Contract 62) in the amount of $1,861,166.93 for the Rehabilitation of Runway 8-26. Commission Meeting Agenda 9/15/2020 2:00 PM Bush Fieldl Airport FAA GDOT Grant Award Department:Augusta Regional Airport at Bush Field Department:Augusta Regional Airport at Bush Field Caption:Motion to approve acceptance of FAA AIP Grant No. 3-13- 0011-044-2020 in the amount of $7,176,841.00 and GDOT FY 2021 Grant (Contract 62):of GDOT Grant Award in the amount of $1,861,166.93 for Rehabilitate Runway 8-26 and Electrical at Bush Field. Background: On September 3, 2020, Augusta Regional Airport and the City of Augusta was awarded a multi-year FAA AIP Grant No. 3-13- 0011-044-2020 in the amount of $8,326,322.00. It is anticipated that this grant will fund projects in fiscal years 2020 and 2021. This grant was approved for the following projects at Augusta Regional at Bush Field Airport: Improve Terminal Building – Baggage System Rehabilitation – Construction. Rehabilitate Air Carrier & GA Apron (30,000 SY) – Construction. Acquire Aircraft Rescue & Fire Fighting Safety Equipment – Foam Testing Equipment Construct Taxiway A3 (750 ft.) – Design/Construction The maximum obligation by the FAA in FY 2020 is $7,176,841.00. This amount is authorized for the above projects except for the Improve Terminal Building – Baggage System Rehabilitation – Construction. This project will be funded through this grant through FY 2021. On September 1, 2020, Augusta Regional Airport and the City of Augusta was awarded a Georgia State Grant, Contract 62, through the Georgia Department of Transportation in the amount of $1,861,166.93. This grant was approved for the following project at Augusta Regional at Bush Field Airport: Rehabilitate Runway 8-26 and Electrical Improvements - Construction On September 1, 2020 Augusta, GA received notification from GDOT of the grant award for Rehabilitate Runway 8-26 and Electrical at Bush Field. Analysis: Financial Impact:Grant Award in the amount of GDOT Grant $1,861,166.93 with a local match in the amount of $620,388.97. Alternatives: Recommendation:Approve acceptance of grant awards. Funds are Available in the Following Accounts: Bush Field Account 551081118-5412110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Theft Recreation Department Department: Department: Caption:Update from staff on the theft occured at Recreation Department. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Featured Plans and Rates - MAPD Augusta-Richmond County Effective: January 01, 2021 through December 31, 2021 Custom LPPO $25P Plan Custom Premier 15/30/60, $250 ded - Full Gap (10R) - ECDHLP Custom Members Monthly billed PMPM rates Members 481 $60.36 481 $200.67 $261.03 $125,555 $1,506,665 Plan(s) Selected: ___________________________________________________ Authorized Signature: ___________________________________________________ Title: ____________________ Date: ____________________ Total annual premium Pharmacy Plan Medical Medical Plan Pharmacy Total PMPM Rate Total monthly premium 6/11/2020R.S.1. Augusta-Richmond County Assumptions & Conditions Effective 01/01/2021 through 12/31/2021 o Rates and benefits may be revised based on legislative, regulatory or other changes including, but not limited to, CMS guidance effective for the quoted product years. Plan options, such as the Preferred Retail Pharmacy option, and formularies are filed and approved with CMS on an annual basis and could change in January each year. o This quote assumes co-branding (plan sponsor name and/ or logo is allowed on member materials including Medicare Advantage plan quality and health programs). o The ACA Insurer Fee is excluded for months in 2021 within the rating period. o Participants have Medicare Parts A and B. o Eligibility for coverage for subscribers or their dependents is based on the subscriber meeting their employer's requirements for coverage of retiree medical benefits. o Contracted rates are on a Per-Member-Per-Month (PMPM) basis. Each individual will receive the same equal rate; a two member contract would receive twice the rate; a three member contract would receive triple the rate. o The employer will contribute 50% towards the premium. If the contribution strategy does change, Anthem must be notified and reserves the right to re-evaluate its underwriting position. If more than one plan is offered to members, then Augusta-Richmond County shall offer Anthem plan coverage to all eligible Members at terms and contribution levels that are no less favorable than those applicable to any other health coverage available through Augusta-Richmond County. o This plan may be limited in some states to employers that qualify as a large group within that state. The large group definition varies by state. o The pricing census included a total of 481 retired members, including 15 Medicare eligible, pre-65 retired members. If the enrolled membership differs from the pricing census by more than 10% we reserve the right to review and change the pricing if necessary. o Broker Commissions are excluded. o This quote assumes Anthem will be the exclusive post-65 retiree offering. Furthermore, the quote assumes that Anthem will offer a single plan design. Any additional plan selections will be subject to underwriting consideration. o The employer's eligibility policy does not allow for retirees to enroll in an employer sponsored medical plan if the retiree has previously declined coverage. o This quote is contingent upon the majority of the enrolled membership residing in an adequate network service area. The service area and plan design are subject to CMS approval. o Net Claim Expense incorporates the savings estimated from the Coverage Gap Discount Program and CMS Reinsurance. o Medical and prescription drug plans must be sold as a package. o Pharmacy benefits are based on a two plan benefit structure: an EGWP plan that covers the standard Part D benefit plan as defined by CMS and the Senior Rx Plus plan that provides the additional drug coverage. 6/11/2020R.S.2. Commission Meeting Agenda 9/15/2020 2:00 PM 2021 Medicare Advantage Renewal Department:Human Resources Department Department:Human Resources Department Caption:Approve Anthem/BCBS of Georgia Medicare Advantage PPO Renewal. Background:The Medicare Advantage plan is a health insurance policy that insures Augusta’s over-age 65 retirees and dependents (if applicable). The plan is designed to match, as closely as possible, the self-funded major medical HMO plan. The plan is written through Anthem/BCBS of Georgia. Analysis:The Anthem/ BCBS of Georgia renewal is 12.1% lower than previous 2019 renewal rates. Based on market data we do not believe that Augusta would receive a better financial offer from other Medicare Advantage carriers. A change in carrier could result in a benefit change as well as a disruption in providers as members would need to access medical professionals under a different network. Financial Impact:Approximate annual savings to Augusta for 2021 is expected to be $206,753 Alternatives:Put the contract out for RFP Recommendation:Renew with BCBS of Georgia for the 2021 plan year without any plan or rate changes for the over-age 65 retirees Funds are Available in the Following Accounts: Budgeted under Augusta's Health Benefits Fund 616-01- 5222/5522012 REVIEWED AND APPROVED BY: Augusta, Georgia ADA Transition Plan Update 2020-Draft DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 i Table of Contents 1.0 INTRODUCTION AND EXECUTIVE SUMMARY ............................................................................................. 1 INTRODUCTION.................................................................................................................................................. 1 PROW FACILITIES SUMMARY................................................................................................................................ 3 2.0 POLICIES, PRACTICES AND PROCEDURES ...................................................................................................16 REMOVING BARRIERS.........................................................................................................................................16 EMPLOYEE ADA TRAINING................................................................................................................................. 18 ACCESSIBLE COMMUNICATIONS ...........................................................................................................................19 3.0 BACKGROUND................................................................................................................................................... 2 POLICY AND COMMUNICATION BENCHMARKS.......................................................................................................... 4 PROGRAM AND SERVICES ACCESSIBILITY..................................................................................................................5 ORGANIZATIONAL RESPONSIBILITIES.........................................................................................................8 ORGANIZATIONAL CHARTS.................................................................................................................................. ..9 ADA REQUIREMENTS FOR LOCAL GOVERNMENTS.....................................................................................................11 INTRODUCTION ..................................................................................................................................................8 TRANSITION PLAN FOR FACILITIES AND SERVICES..................................................................................................... ..6 ASSESSMENT OF POLICIES, PRACTICES AND PROCEDURES ............................................................................................20 4.0 ACCESSIBLE PEDESTRIAN ROUTES..........................................................................................................................24 5.0 ACCESS TO PROGRAMS AND SERVICES.........................................................................................................21 INTRODUCTION ................................................................................................................................................ 21 ACCESSIBLE PARKING......................................................................................................................................... 21 TEMPORARY PARKING ....................................................................................................................................... 23 ACCESSIBLE ENTRANCES ..................................................................................................................................... 25 SIGNAGE.......................................................................................................................................................... 27 EMERGENCY SHELTERS.................................................................................................................................. 28 ACCESSIBLE EMERGENCY SHELTERS ....................................................................................................................... 28 TRANSITION PLAN PRIORITIES ............................................................................................................................. ..7 AUGUSTA, GEORGIA GOVERNMENT.........................................................................................................................9 INTRODUCTION ................................................................................................................................................... 16 ACRONYMS................................................................................................................................................... i FEDERAL LAWS AND REGULATIONS...............................................................................................................v GEORGIA CODES AND STANDARDS..............................................................................................................vii DEFINITIONS..................................................................................................................................................x DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 ii 7.0 PROW PEDESTRIAN FACILITIES ..................................................................................................................... 31 INTRODUCTION ............................................................................................................................................... 31 SIDEWALK ACCESSIBILITY.................................................................................................................................... 33 CURB RAMP ACCESSIBILITY............. ....................................................................................................................... 37 ACCESSIBLE PEDESTRIAN SIGNALS ........................................................................................................................ 41 ACCESSIBLE ON-STREET PARKING ......................................................................................................................... 43 BUS STOP ACCESSIBILITY.................................................................................................................................... 45 NEED FOR A SIDEWALK ...................................................................................................................................... 48 APPENDIX A PROW FACILITIES BARRIER REMOVAL PLAN..............................................................................F-1 APPENDIX B PROGRAMS AND SERVICES BARRIER REMOVAL PLAN...............................................................F-2 Table of Figures FIGURE 4-1. MARKED ACCESS AISLE...................................................................................................................................... 21 FIGURE 4-2. TEMPORARY ACCESSIBLE PARKING........ ............................................................................................................... 23 FIGURE 4-3. ACCESSIBLE PEDESTRIAN ROUTES........................................................................................................................ 24 FIGURE 4-4. ENTRANCE RAMP............................................................................................................................................. 25 FIGURE 4-5. ENTRANCE DOOR. ............................................................................................................................................ 26 FIGURE 4-6. DIRECTIONAL SIGN ........................................................................................................................................... 27 FIGURE 7-1. SIDEWALK CLEARANCE................................................................................................................................... ....33 FIGURE 7-2. UTILITY POLE OBSTRUCTION............................................................................................................................... 33 FIGURE 7-3. VERTICAL HEIGHT CHANGES............................................................................................................................... 34 FIGURE 7-4. HEAVING/RAISED SIDEWALK............................................................................................................................... 34 FIGURE 7-5. STEEP GRADE DUE TO TOPOGRAPHY..................................................................................................................... 35 FIGURE 7-6. STEEP CROSS-SLOPE.......................................................................................................................................... 36 FIGURE 7-7. CRACKED AND FAILING...................................................................................................................................... 36 FIGURE 7-8. OVERGROWN VEGETATION.................................................................................................................................36 FIGURE 7-9. MISSING CURB RAMP ........................................................................................................................................ 37 FIGURE 7-10. UNEVEN TRANSITION AT GUTTER.......................................................................................................................37 FIGURE 7-11. RAMP-GUTTER TRANSITIONS ............................................................................................................................ 38 FIGURE 7-12. NON-COMPLIANT CURB RAMP...........................................................................................................................39 8.0 PROW BARRIER REMOVAL PLAN ................................................................................................................. 49 VOTING ACCESS ............................................................................................................................................... 30 CRITERIA FOR PRIORITIZATION ............................................................................................................................ 49 COSTS, FUNDING AND IMPLEMENTATION ............................................................................................................. 50 INTRODUCTION............................................................................................................................................... 49 6.0 POLLING PLACES AND VOTING.................................................................................................................... 29 POLLING PLACES............................................................................................................................................... 29 9.0 PUBLIC MEETINGS AND COMMENTS ........................................................................................................... 55 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 iii FIGURE 7-13. DETECTABLE WARNING.................................................................................................................................... 39 FIGURE 7-14. MISSING CURB RAMP......................................................................................................................................41 FIGURE 7-15. BLOCKED CURB RAMP. ................................................................................................................................... 41 FIGURE 7-16. CALL BUTTON OUT OF REACH............................................................................................................................ 42 FIGURE 7-17. ISA SIGN ....................................................................................................................................................... 43 FIGURE 7-18. NO MARKED ACCESS AISLE ............................................................................................................................... 43 FIGURE 7-19. NO CURB RAMP. ........................................................................................................................................... 43 FIGURE 7-20. ANGLED ON-STREET PARKING............................................................................................................................ 44 FIGURE 7-21. NO BOARDING ACCESS.................................................................................................................................... 45 FIGURE 7-22. ADA BUS STOP STANDARD.................................................................................................................. .............46 FIGURE 7-23. ACCESSIBLE BUS SHELTER................................................................................................................................ 46 FIGURE 7-24. NO ACCESS................................................................................................................................................... 47 FIGURE 7-25. NO ACCESS TO SIDEWALK OR BUS STOP................................................................................................................ 48 FIGURE 7-26. WORN PATH................................................................................................................................................. 48 FIGURE 7-27. NO ACCESS TO BUS STOP................................................................................................................................. 48 FIGURE 8-1. HOT ZONE MAP. .............................................................................................................................................. 54 Table of Tables TABLE 4-1. ACCESSBILE PARKING MINIMUMS....................... 22 TABLE 7-1. SIDEWALK OBSTRUCTIONS................................ 33 TABLE 7-2. RAISED SECTIONS ........................................... 34 TABLE 7-3. GRADES OBSERVED......................................... 35 TABLE 7-4. CROSS-SLOPES OBSERVED................................ 36 TABLE 7-5. CURB RAMP SLOPES....................................... 38 TABLE 7-6. CURB RAMP CROSS SLOPES.............................. 39 TABLE 7-7. CURB RAMP ASSESSMENT RESULTS.................... 40 TABLE 7-8. PEDESTRIAN SIGNAL RESULTS........................... 42 TABLE 7-9. ON-STREET PARKING RESULTS.......................... 43 TABLE 7-10. ON-STREET PARKING MINIMUMS.................... 44 TABLE 7-11. SHELTERED BUS STOP RESULTS....................... 45 TABLE 7-12. NON-SHELTERED BUS STOP RESULTS................ 47 TABLE 8-1. CONSTRUCTION COST ESTIMATES..................... 50 FIGURE 9-1. PUBLIC COMMENTS. ........................................................................................................................................ tbd DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 iv Acronyms ADA - Americans with Disability Act of 1990 and 2008 ADAAG - Americans with Disability Act Accessibility Guidelines of 2004 APS - Accessible Pedestrian Signal ASSHTO - American Assoc. of State Highway and Transportation Officials CFR - Code of Federal Regulations DOJ - Department of Justice DOT - Department of Transportation DWS - Detectable Warning Surface EEOC - Equal Employment Opportunity Commission FHWA- Federal Highway Administration FTA - Federal Transit Administration GIS- Geographic Information System GDOT – Georgia Department of Transportation IBC - International Building Code ICC/ANSI A117.1 - Accessible and Usable Buildings and Facilities Standards ISA - International Symbol of Accessibility MUTCD – Manual on Uniform Traffic Control Devices NPRM - Notice of Proposed Rulemaking published in the Federal Register PROW - Public Rights-of-Way PROWAG - Public Rights-of-Way Accessibility Guidelines ROW - Rights-of-Way SETP – ADA Self-Evaluation and Transition Plan TTY - TeleTYpewriter UFAS - Uniform Federal Accessibility Standards 1991 Standards - 1991 Standards for Accessible Design 2006 DOT ADA Standards - DOT ADA Standards for Transportation Facilities 2010 Standards – 2010 Standards for Accessible Design DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 v Federal Laws and Regulations The Rehabilitation Act of 1973, 29 U.S.C. § 794, and the DOJ implementing regulation, 28 C.F.R. Part 42, Subpart G apply to all entities that receive financial assistance from the Federal Government and requires that recipients do not discriminate on the basis of disability. The Department of Transportation Accessibility Standards of 2006, 49 C.F.R. Part 37 adopting new Standards for Accessible Transportation Facilities. Title I of the Americans with Disabilities Act of 1990 as amended (“ADA”), 42 U.S.C. §§ 12111-12117, and the EEOC implementing regulation, 29 CFR Part 1630 and the DOJ implementing regulation 28 C.F.R. Part 37.1 apply to all state and local government entities. Title II of the Americans with Disabilities Act of 1990 as amended (“ADA”), 42 U.S.C. §§ 12131-12165, and the DOJ implementing regulation, 28 C.F.R. Part 35 apply to all state and local government entities' services including public transportation. Title III Americans with Disabilities Act of 1990 as amended (“ADA”), 42 U.S.C. §§ 12181-12189, and the DOJ implementing regulation, 28 C.F.R. Part 36 apply to all places of business serving the public (public accommodation). Title IV Americans with Disabilities Act of 1990 as amended (“ADA”), 42 U.S.C. §§ 12201-12213, and the DOJ implementing regulation, 28 C.F.R. Part 35 include provisions for the U.S. Access Board to issue accessibility standards and provide technical assistance. Title II Regulations 28 C.F.R. § 35.105, which requires public entities to conduct self-evaluations of their programs, policies, practices and services, provide an opportunity for interested persons with disabilities to participate in the process by submitting comments, and make modifications necessary to comply with the Department’s Title II regulations; 28 C.F.R. § 35.106, which requires public entities to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under Title II and the Department’s regulations; 28 C.F.R. § 35.107(a), which requires public entities to designate a responsible employee to coordinate their efforts to comply with Title II and carry out the City’s ADA responsibilities; 28 C.F.R. § 35.107(b), which requires public entities to establish a grievance procedure for resolving complaints of violations of Title II; 28 C.F.R. § 35.108, which defines "disability" to mean: (1) a physical or mental impairment that substantially limits one or more major life activities, (2) a record of such impairment, or (3) being regarded as having such an impairment. 28 C.F.R. § 35.133, which requires public entities to maintain those features of facilities and equipment that are required to be readily accessible and usable by persons with disabilities. 28 C.F.R. § 35.134, which requires prohibits retaliation or coercion by pubic and private entities against any individual in the exercise of any right granted or protected by the ADA. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 vi delivering services, programs, or activities in alternate ways, such as by redesigning equipment, reassigning services, assigning aides, and undertaking home visits; and making physical changes to buildings, in accordance with the Department’s Title II regulation, 28 C.F.R. §35.151, and the ADA Standards for Accessible Design (“Standards”) or the Uniform Federal Accessibility Standards (“UFAS”); 28 C.F.R. § 35.151, which requires public entities to ensure that facilities which newly constructed or for which alteration began after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with: 1) the Department’s Title II regulation; and 2) the Standards or UFAS; 28 C.F.R. § 35.160, which requires public entities to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary; 28 C.F.R. § 35.161, which requires public entities to communicate through use of a teletypewriter (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments; 28 C.F.R. § 35.162, which requires public entities to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems; 28 C.F.R. § 35.163(a), which requires public entities to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities; and 28 C.F.R. § 35.163(b), which requires public entities to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities. 28 C.F.R. § 35.136, which requires public entities to modify its policies, practices or procedures to permit the use of a trained service animal by a person with a disability. 28 C.F.R. § 35.137, which requires public entities to permit individuals with mobility devices to use wheelchairs, other power-driven mobility devices and manually-powered mobility devices in any areas open to pedestrian use. 28 C.F.R. § 35.138, which requires public entities to comply with the regulations in this part governing the sale of wheelchair and companion seat tickets to events. 28 C.F.R. § 35.140, which requires prohibits employment discrimination on the basis of disability under any service, program or activity conducted by a public entity. 28 C.F.R. § 35.150, which requires public entities to operate each program, service, and activity so that, when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities, by:DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 vii Georgia Codes O.C.G.A. Title 30 Chapter 3 - Access To and Use of Public Facilities by Persons with Disabilities It is the intent of this chapter to eliminate, insofar as possible, the unnecessary physical barriers encountered by persons with disabilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public. The specific amenities to be required include: - accessible parking spaces in the required number- least one van accessible space - accessible pedestrian route - accessible entrances - accessible restrooms and shower facilities if provided- accessible seating, tables and work surfaces All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 (ANSI A117), as applicable, for making buildings accessible to and usable by people with disabilities. All government and public buildings receiving permits for construction or renovation after July 1, 1995, shall comply with the regulations adopted by the Fire Safety Commission which establish the minimum state standards for accessibility. Any component of a building, structure or facility, which is replaced or moved, except for the purpose of repair shall be required to meet the ANSI A117.1 Standard. Renovations subject to these requirements include the resurfacing, restriping, or repainting of any parking facility whether or not such renovations are required to have a permit from the local governing authorities. All covered multi-family dwellings constructed for first occupancy for any purpose, or issued a building permit or renewal thereof by a local government after March 31, 1993, shall be designed to have at least one building entrance on an accessible route unless it is technically infeasible to do so. Additionally, the public and common use areas must be readily accessible and usable by persons with disabilities, all doors within all premises sufficiently wide to allow passage by persons in wheelchairs and the required features of adaptable design with regard to the features in the covered dwelling units. Local governing authorities shall be responsible for the administration and enforcement of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the State Safety Fire Commissioner or the Board of Regents. The local governing authority shall have all necessary powers to promulgate rules, regulations and procedures to implement and enforce their responsibilities. Local building code officials or the local fire department having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations, architects and engineers of this chapter and its application. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 viii Georgia Accessibility Code Chapter 120-3-20 Pursuant to the authority established under O.C.G.A. § 30-3, the Georgia Accessibility Code is the state accessible design regulation adopted by the Safety Fire Commissioner. It establishes the minimum state standards for accessibility in covered buildings receiving permits for construction or renovation after July 1997 and was revised effective March 14, 2012. At that time, the State Fire Marshal's office adopted the 2010 ADA Standards for Accessible Design, which established the minimal accessibility standards for new construction and renovations as set by the DOJ. The entities responsible for the enforcement of the Georgia Accessibility Code are the State Fire Marshal's Office, The Board of Regents and Local Governing Authorities. Variances from the Georgia Accessibility Code may only be granted from the Commissioner of Insurance. State and local fire and building officials have the authority to administer and enforce the Georgia Accessibility Code, but not the ADA which is enforced by Federal agencies and courts. O.C.G.A. Title 40, Chapter 6, Article 10, Part 2 - Parking for Persons with Disabilities The provisions of this part are applicable to both public and private property. All law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property. A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a blue reflective sign meeting the applicable requirements specified by Code 40-6-221. Any business may elect to designate parking places for persons with disabilities for the non- ambulatory. Such parking places shall be in addition to any parking places required under O.C.G.A. § 30-3. Such parking places shall be marked by a sign bearing the words "Parking for Persons with Disabilities--Non-ambulatory Persons Only". The term non- ambulatory means a person who is permanently disabled and who is dependent upon crutches, a walker, or a wheelchair for locomotion. Offenses (a) It shall be unlawful for a person to stop, stand or park any vehicle in a parking place for persons with disabilities unless the vehicle displays a valid parking permit for persons with disabilities or a special license plate for disabled veterans or other disabled persons and unless such a person is the driver or passenger in the vehicle. (b) It shall be unlawful for any person to stop, stand or park in a parking place for persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such a vehicle while in such a parking space. (c) It shall be unlawful for any person to stop, stand, or park any vehicle inany areas directly connecting with a parking place for persons with disabilities that is clearly designated for access to such a parking place. (d) It shall be unlawful for anyone other than for whom a disabled parking permit is issued to make use of a parking permit. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 ix Fines The fine for illegally parking, blocking or stopping in a parking place designated for use by people with disabilities or the use of a parking permit by someone other than the person to whom it was assigned shall be subject to a fine of not less than $100.00 and not more than $500.00. Any property owner who is required to provide parking places for persons with disabilities who fails to designate each parking place with a sign meeting the requirements of Code Section 4-6-221 shall be subject to a fine of $150.00 for each place which is not so designated; however that fine will be waived if the required designation is made within 14 days from the date of the citation. Towing In addition to the fines above, any vehicle which is illegally parked in a parking place for persons with disabilities marked "Tow-Away Zone" on public or private property, may be towed away by law enforcement or official security agency of said property at the expense of the owner of leaser of the vehicle. Enforcement All law enforcement officers of this state and its political subdivisions is expressly authorized to enforce the provisions of this part on private property as well as on public property. Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, at its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony to enforce the provisions of Code 40-6-226 within the county or municipality in which the appointing law enforcement agency exercises jurisdiction. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsection (b) and (c) of the Code section. GDOT Adoption of PROWAG The U.S. Access Board's Public Rights of Way Accessibility Guidelines (PROWAG) have not yet been passed by Congress as Federal Regulations. The U.S. Department of Justice currently permits the use of either the 2010 ADA Standards or PROWAG to be used on public sidewalks or on-street parking. Nevertheless, FHWA and GDOT have both adopted the use of PROWAG as part of their Complete Streets Policies. The GDOT Design Policy Manual (2017) states, "Where pedestrian accommodations are provided, they must be accessible by all potential users. Therefore, GDOT adopts the PROWAG requirements as minimum standards for the design of pedestrian accommodations. If meeting a PROWAG requirement is either structurally impractical, technically infeasible, or will result in an unsafe condition, then a decision to select a value or retain an existing condition that does not meet the criteria defined in the PROWAG shall require a comprehensive study by an engineer and the prior approval of a Design Variance from the GDOT Chief Engineer." DRAFT x AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Glossary of Terms Accessible - Refers to a site, facility, work environment, service, or program that is easy to approach, enter, operate, participate in, and/or use safely and with dignity by a person with a disability. Accessibility - The degree of usability and design of a physical environment allowing for unobstructed and barrier-free entrance and movement, and that the facilities, equipment, and communication tools are such that they are easily used without adaptation by a person with a disability. Access Board - The independent Federal agency responsible for developing the ADA Standards for Accessible Design which also provides technical assistance and training on the 2010 Standards. The agency was historically referred to as the Architectural and Transportation Barriers Compliance Board. ADA Notice - The required ADA Notice of Non-Discrimination which provides the public with the contact information for the ADA Coordinator and with information on the availability of disability accommodations for applicants and employee, alternative formats, reasonable accommodations and an ADA Grievance process. Alteration - A change to a facility or the public right-of-way that affects, or could affect, access or use of the facility, including changes to structure, grade, or use of the facility. Examples: renovations beyond routine repairs or maintenance, upgrades, reconstruction, major rehabilitation, widening, functional and structural overlays, signal installation and resurfacing of pavement. Alternative Format - Modification of documents and communication into a format that provides access to persons with disabilities. Alternative formats include large print, Braille, audio, transcripts, captioning, accessible PDFs, hard copy and electronic formatting that is compatible with screen reading software. Americans with Disabilities Act (ADA) - The 1990 Federal civil rights law that prohibits discrimination against people with disabilities in employment, state and local government programs and activities, public accommodations, transportation, and telecommunications. The ADA requires barrier removal and ADA Transition Plans. The ADA Amendments Act was passed in 2008 and expanded the definition of who is a person with a disability. Americans with Disabilities Act Accessibility Guidelines (ADAAG) - The 2004 scoping and technical requirements for the design, construction, and alteration of buildings and facilities that were incorporated into the 2010 ADA Standards and the 2006 DOT ADA Standards. These three sets of standards are very similar. However, each contains some additional requirements not contained in the others. ANSI ICC A117.1A 2009 - The American National Standard (ANSI) for Accessible and Usable Buildings and Facilities that are part of the International Building Code (IBC). Auxiliary Services - Services provided to individuals with disabilities that enable them to have equal access to programs, services or communications. Auxiliary services must be provided free of charge. Auxiliary services do not include services of a personal nature that are unrelated to providing access. Examples of auxiliary services include sign language interpreting, scribing or reading and assisting transit riders with boarding and exiting vehicles. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 xi Barrier Removal - Removing, replacing or modifying elements that limit or impede access; it may include the installation of curb cuts or ramps, lowering or raising the height of fixtures, repositioning items such as kiosks, furniture or newspaper boxes or other modifications which may provide access. It may include providing services in an alternative manner or location. Covered Agency - Under the ADA, "covered agency" is an agency that must comply with the law. Under Title II, “covered entities” include state and local governments and public transportation systems. Complaint – A complaint is a claimed violation of the ADA. Complimentary Paratransit - Public transit services that provide on-demand curb-to-curb transportation for people with disabilities who cannot use fixed route buses. Paratransit services are meant to compliment the fixed route services and are regulated by the FTA. Curb Ramp – A curb ramp is a short ramp cutting through a curb to allow access from a wheeled vehicle from one level to another. Usually from the street or parking to the sidewalk. DOT ADA Standards of 2006 - The ADA Standards that apply to public transit facilities. They include some requirements that are specific to transit facilities, path of travel requirements, ticketing, transit vehicles and bus stop requirements. Facility - All or any portion of buildings, structures, improvements, elements, pedestrian routes including across streets, bus stops, parking lots, passenger loading zones and on- street parking. Maintenance - Activities intended to preserve the system, retard future deterioration, and maintain functional condition of a facility. (Maintenance is not an alteration, but pavement resurfacing is an alteration.) Marked Crossing – A marked crossing is a crosswalk tor other identified path intended for pedestrian use in crossing a vehicular travel way. These consist of curb-to-curb crossing on street corners or mid-block crossings. Maximum Extent Feasible - Applies to the occasional case where technical infeasibility or the natural terrain of a site makes it virtually impossible to comply fully with applicable accessibility standards. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Pedestrian Access Route - A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path. Pedestrian Circulation Path - A prepared exterior or interior surface provided for pedestrian travel in the public right-of-way. Person with a Disability - An individual who has a substantial impairment in a major life function or a major bodily function, has a history of such an impairment or is regarded as having such an impairment. The ADAAA of 2008, broadened the definition to provide protections to more people and to include significant temporary impairments. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 xii Place of Public Accommodation - Any private business or non-profit that provides goods or services to the public. Title III of the ADA requires that places of public accommodation cannot discriminate against individuals with disabilities. Places of public accommodation with more than 15 employees are also required to comply with Title I of the ADA. Project Civic Access - Compliance reviews of local governments that are independently initiated by the Department of Justice under the authority of Title II or Section 504 of the Rehabilitation Act. Reviews result in Settlement Agreements that outline the actions required to remediate deficiencies found and timelines for completing the actions. Program Accessibility - Central requirement/standards under Section 504 of the Rehabilitation Act of 1973, as well as the ADA, which requires that recipients of Federal funds or contracts and/or state and local government entities operate programs and activities so that “when viewed in its entirety,” such program/activity is readily accessible to and usable by people with disabilities. Public Agency - Any state or local government, department agency, special- purpose district, or other instrumentality of a state or states or local government, and any public transportation authority. Public Right-of-Way - Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes such as streets and sidewalks. Public Transportation - Ground transportation services provided to the public by a local government entity. Public transportation services include buses and rail transportation and are regulated by the FTA and the U.S. Department of Transportation. Public transportation services, vehicles and facilities must comply with the FTA accessibility regulations and the DOT ADA Standards of 2006. Qualified Individual with a Disability - An individual with a disability who, with or without reasonable accommodations, meets the essential eligibility requirements for receipt of services or participation in a program or activity or employment with a Title II or Title II entity. Readily Achievable - Something that is able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include nature and cost of the action in relation to total project budget, legitimate safety requirements that are not predicated on stereotypes, and, if applicable, the overall financial resources of any parent agency. Under Title II, a public agency must remove barriers in existing facilities if it is readily achievable to do so. Reasonable Accommodation - Modifications or adjustments to a service, activity, program, work environment, or job description which provides a person with a disability equal opportunity for participation and benefit. Reasonable accommodation is a key nondiscrimination requirement of the ADA. Examples may include: modifying policies or procedures, providing alternative formats or auxiliary services to ensure communication, providing assistive technology, or removing architectural or transportation barriers. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 xiii Rehabilitation Act of 1973 - The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in Title I of the Americans with Disabilities Act. Section 504 of the Rehabilitation Act- States that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity of an entity that receives Federal financial assistance. Self-Evaluation - Required by ADA Title II, a self-evaluation identifies, reviews, and analyzes the public facilities, programs, activities, and services provided by state and local governments, and documents the accessibility and/or accessibility deficiencies of each. Service Animal - A dog or miniature horse that is individually trained to complete tasks for a person with a disability. Service Animals are permitted to accompany their handler into all government and private facilities that are open to the public or provide services or goods to the public, transportation vehicles and facilities, places of education or employment, residential and temporary lodging facilities and emergency shelters. SPLOST- Special-Purpose-Local-Option Sales Tax is a local sales tax used for funding local capital improvement projects. Projects funded include renovating public facilities such as road improvements and construction, building construction and construction of recreational facilities. Transition Plan - The required formal plan for remediation developed from the self-evaluation that documents the ongoing effort to improve compliance with the ADA over time. The transition plan includes actions, budgets and timelines for remediation actions and identifies the person or department responsible for overseeing the remediation. Undue Burden - With respect to complying with Title II or Title III of the ADA, the identified administrative or financial costs associated with providing an accommodation or making program, service or activity accessible are determined to be excessively burdensome. The financial resources of the entire entity, rather than a single program or department, must taken into consideration when making the determination of undue financial burden. The executive officer of the entity must sign-off on the written denial of accommodation or access on the basis of undue burden. Uniform Federal Accessibility Standards - The accessibility standards that along with the 1991 Standards applied to Title II facilities constructed or altered prior to the effective date of the 2010 Standards on March 15, 2012. UFAS still applies to FHA multi-family complexes. Visual Impairment - Loss or partial loss of vision not correctable by regular eyeglasses. 2010 ADA Standards for Accessible Design - The scoping requirements and technical standards for facility accessibility that apply to all Title II and Title III facility renovations or new construction that began on or after March 15, 2012. They replaced the 1991 ADA Standards, ADAAG and UFAS. They have been incorporated into the International Building Code (IBC) and American National Standard (ANSI) accessibility codes that are adopted as Georgia State Building Codes. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 1.0 INTRODUCTION AND EXECUTIVE SUMMARY Introduction According to the 2017 American Community Survey conducted by the U.S. Census Bureau, Richmond County is home to 31,996 people with disabilities. Disabilities impact all ages, but the prevalence of disabilities from mobility impairments, respiratory impairments, chronic medical conditions and visual impairments increases with age. People with disabilities are more likely than their peers to be living in poverty and to utilize public transportation, public facilities, public services and emergency shelters. Signed into law by President George H.W. Bush in 1990, the Americans with Disabilities Act of 1990 (ADA) is the comprehensive federal civil rights law that protects individuals from disability- based discrimination. Public entities must comply with Titles I and II of the ADA and ensure that employment practices and public services, activities and programs provide equal access to persons with disabilities and must develop an ADA Transition Plan for removal of the identified barriers to equal access. Enforcement of the ADA is carried out by the DOJ, DOT, FTA, EEOC, FAA and U.S. District Courts in response to complaints. Title II of the ADA is also enforced through DOJ Project Civic Access Compliance Reviews. ADA Transition Plan Updates fulfill the required comprehensive planning for ADA compliance by identifying and planning for the removal of both structural and non-structural barriers to equal access. The ADA Transition Plan Updates also serve to notify the public of the location of both accessible and inaccessible facilities and services and inform persons with disabilities of their right to request reasonable accommodations, auxiliary services and alternative formats. Since January 26, 1992, all altered or newly constructed buildings and recreation, pedestrian, parking and transit facilities have been required to comply with the ADA technical standards in effect at the time construction begins. The ADA Standards have been incorporated into the International Building Code (IBC) adopted by Georgia, the Official Code of Georgia, the DOT ADA Standards and the GDOT Design Policy Manual. New construction must fully meet the current ADA scoping and technical standards. Renovations of facilities must meet the current accessibility standards unless doing so is technically infeasible. When complete accessibility or compliance cannot be achieved, the duty to provide access to services and programs remains. Designs and budgets for facility renovations must include the required accessible pedestrian route improvements to, into and within the facility with costs for providing an accessible route capped at 20% of the total project budget. The required accessible route connects accessible parking and site arrival locations to primary function areas. Evading compliance with the ADA by dividing a renovation project into a series of smaller alterations is prohibited. Exceptions to accessibility requirements based upon cost or technical infeasibility must be appropriately documented, and compliance with the accessibility standards must be achieved to the maximum extent possible. Inaccessible facilities that have not been renovated since 1992, must be made accessible through temporary measures or must post a public notice of who to contact to request accessible services or reasonable accommodations. When facilities or services are not accessible, reasonable accommodations must be provided. However, if a municipality can demonstrate that complying would be administratively or financially overburdensome, then it is not required to provide the requested ADA reasonable accommodation. All such denials must based upon a case-by-case analysis and documented as approved by the chief executive or a designee. 1.0 Introduction and Executive Summary DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Background Augusta, Georgia completed two prior ADA Self-evaluation and Transition Plans (SETPs) in 2007 and 2016 in response to requests from the FHWA. Title II of the Americans with Disabilities Act (ADA) provides that local governments must ensure that all of their programs, activities and services are conducted in a non-discriminatory manner and provide equal access to persons with disabilities, especially those in wheelchairs or with visual or hearing impairments. An ADA Self-evaluation consists of an accessibility survey of all public facilities including public sidewalks, crosswalks and bus stops and an accessibility review all services, programs and activities. The required ADA Transition Plan charts the required remedial actions and must include proposed timelines, project budgets and identify the individuals responsible for the removal of the identified physical barriers and the modification of discriminatory policies, practices and procedures. The 2007 ADA/504 Plan identified the Administrator as the ADA Coordinator and included a plan for hiring an ADA Consultant and establishing an ADA Task Force. ADA training of Augusta-Richmond County staff and supervisors was initiated. The 2007 ADA/504 Plan highlighted the following areas: - A plan for improving the accessibility of all websites and digital content -The need to establish a process for converting documents into accessible formats -An ADA compliance review of Augusta Public Transit policies and services -A plan for the remediation of bus stops and sidewalks along Wrightsboro Road -A 3-month schedule for routine curb ramp inspections and maintenance In 2012, the Georgia Division of FHWA requested the submission of a copy of the Augusta ADA Self-Assessment and Transition Plan and required the inclusion of an inventory of all non-compliant sidewalks, crosswalks, bus stops, signs and pedestrian signals and a timeline for their remediation. Cranston Engineering was hired to complete the assessment. The 2016 ADA Self-evaluation and Transition Plan (SETP) focused on the accessibility of the pedestrian facilities in the public-rights-of-way (PROW) in downtown Augusta and near schools and bus stops. The public sidewalks, curb ramps, pedestrian crosswalks and bus stops were evaluated using the federal accessibility standards and an impedance-based scoring system. The results were used to create a prioritized list of remediation projects with projected budgets that was intended to serve as an ADA Transition Plan for the sidewalks and bus stops evaluated. The 2016 SETP report included an overview of Titles I - V of the ADA and the Administrative Requirements of Title II along with recommendations for meeting those requirements. A survey of City websites and a survey of department directors' knowledge of the requirements of the ADA was used to evaluate the ADA compliance of Augusta, Georgia's policies, practices and procedures. The 2016 ADA SETP was adopted by the Augusta, Georgia Commission on February 6, 2018, and submitted to Georgia Department of Transportation (GDOT) on April 11, 2018 for inclusion in the Georgia State ADA Transition Plan submitted to FHWA. Effective beginning in 2019, GDOT will require that an ADA Transition Plan Update be submitted to the GDOT ADA Coordinator annually. 1.0 Introduction and Executive Summary 2 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 PROW Facilities Summary In the 2016 SETP, a total of 234 miles of sidewalk were evaluated for accessibility with 25% of the sidewalk sections having vertical cracks of one-half inch or greater. Of the 588 bus stops evaluated, 522 were lacking concrete pads or had non-compliant boarding areas that measured less than the required minimum 96" x 60" in size, and 241 did not connect to an accessible sidewalk. A "Hot Zone Map" of the sidewalk and curb ramp assessments completed by Cranston Engineering in 2016 may be found on page 54 of this document. The 2016 SETP identified over $105 million in needed sidewalk and bus stop remediation. Citizen requests for sidewalk or curb ramp repairs or remediation of accessibility are captured in Cityworks through Augusta 311 and the ADA Complaint Process and forwarded to Traffic Engineering. Between 2/2015 and 5/2019 there were 144 citizen requests for sidewalk or curb ramp remediation. Accessibility Remediation Progress There were 14 large street projects scheduled to begin between 2016 and 2018 that included sidewalks, pedestrian signals and curb ramp improvements. An additional 9 large street projects are funded and scheduled to begin between 2019 and 2022 that include sidewalk and curb ramp improvements. The projected budget for the sidewalk and curb ramp improvements in these street projects is expected to be approximately $12 million and will significantly improve the accessibility of pedestrian facilities in the public-rights-of-way in Augusta - Richmond County. In 2015, SPLOST 7 funding included $2 million in funds to be used towards ADA sidewalk remediation and $680,000 towards bus shelters and ADA compliant bus pads. Those funds will be depleted by the end of 2019 and additional funding will be needed to continue the remediation projects that fall outside of large road improvement projects and to respond to citizen complaints of dangerous or inaccessible sidewalks and bus stops. Sidewalks cracked by tree roots and curb ramps with excess slope and cross slope make many sidewalks dangerous or inaccessible for people in wheelchairs. The majority of bus stops remain inaccessible to wheelchairs because they do not connect to accessible sidewalks or the street or boarding access is blocked by parked vehicles. Accessible on-street parking spaces are required to ensure that individuals with a disabilities have access to restaurants, services, businesses, jobs and apartments. Georgia disabled permit parking spaces have been added downtown, but still fall short of number required. Additional spaces are planned for the downtown area in 2019. All Georgia disabled permit parking spaces, passenger loading zones newly constructed or renovated must meet the DOJ, DOT and GDOT technical standards. Providing sufficient ADA compliant parking for large downtown events creates a challenge due to the ADA requirement that all accessible parking spaces must be located in the parking spaces nearest the accessible entrance to the event. Traffic Engineering and Recreation and Parks work with events downtown to ensure compliance by creating temporary ADA permit parking spaces clustered near the event entrance as required by the Department of Justice guidelines. 1.0 Introduction and Executive Summary 3 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Policy and Communication Benchmarks The administrative requirements of designating an ADA Coordinator, establishing a Disability Complaint Procedure and posting an ADA Notice of Non-discrimination have been completed. The self-evaluation of all policies, programs, services and communications is predicated on staff knowledge of the ADA. Therefore, staff training has been initiated to ensure that employees have an understanding of the ADA, Section 504 and Georgia accessibility codes as they apply to local government services. ADA training has been part of New Hire Orientation since May 2017. The ADA Coordinator has also provided ADA training to groups of staff in Recreation and Parks, Traffic Engineering and the 911 Call Center. Risk Management supervisors from several departments received ADA Training in conjunction with their annual EEO Training. The Sheriff's Office has initiated comprehensive training of officers which focuses on interacting with individuals with disabilities. Progress has been made in meeting the effective communication requirements of the ADA. Training on answering Georgia Relay Service calls was provided to front desk staff from across all departments, Sheriffs Office staff, RCCI staff and all Augusta 311 staff. Georgia Relay training is included in New Hire Orientation. Vendors who provide sign language interpretation and Braille production services have been identified. Assistive listening devices for events in the Commission Chambers are available, and a notice has been posted near the chambers entrance. The websites for Augusta Regional Airport, the Sheriffs Office, Augusta Transit, Appleby Library and Environmental Services have been reviewed for the inclusion of the required information on accessibility requests and ADA complaint procedures. The requirements for providing accessible web content and accessible online forms and documents have been reviewed with Information Technology staff and Human Resources staff. As result, a prominent link for Accessibility Requests and the ADA Non-discrimination Notice are linked in the footer of the augustaga.gov website, and the ADA Reasonable Accommodation Policy for job applicants and employees is linked on the Human Resources website. ADA liaisons have been established in several departments including the Sheriffs Office, Augusta Regional Airport, Recreation and Parks, Central Services, Transit, Traffic Engineering, Planning and Development, Libraries and the Board of Elections. The ADA Coordinator has worked with these departmental liaisons to evaluate their departmental policies, services and facilities for accessibility and to identify, prioritize and monitor remediation efforts. The identification and remediation of structural and non-structural barriers to accessibility are ongoing in these and other departments. During 2019, the Planning and Development Department began the process of updating the off-street parking ordinances which will include a section on Accessible Parking that reflects the requirements of Georgia Code and the 201 0 ADA Standards. This will provide specific and enforceable standards for the construction and resurfacing of parking facilities in Augusta - Richmond County. The Planning and Development Department has also begun work on a local Complete Streets Policy that will provide guidance for enhancing pedestrian safety and accessibility in future street renovation and construction projects. 1.0 Introduction and Executive Summary 4 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Program and Services Accessibility The Augusta, Georgia ADA Transition Plans must go beyond the facilities in the public-rights-of way evaluated in 2016. Sequential transition plans may be used to achieve a comprehensive plan for remediation. Facilities and services that have been documented on a Transition Plan and fully remediated do not need to be included in the next update. All buildings included this report have been surveyed for "Priority 1" accessibility, which includes evaluating that sufficient numbers of appropriately marked accessible parking spaces are present and that curb ramps, pedestrian routes from parking and building entrances are accessible. In addition to Priority 1 accessibility, facilities used as emergency shelters and cooling shelters were also surveyed to identify facilities with accessible restrooms and accessible shower facilities. Forty-two non-recreational facilities were surveyed. The Law Department, Appleby Library, the Agricultural Extension Services Office and the Humane Society were found to lack accessible entrances. The Law Department has a planned renovation to begin in 2019 that will create an accessible entrance that connects to ADA parking in the Municipal Campus parking lot. Appleby Library, the Extension Office and the Humane Society all lack designated ADA compliant parking, an accessible pedestrian route and an accessible entrance. Installing ADA and Georgia Code compliant parking at these facilities should not be delayed until the buildings are accessible. The ADA requires that all inaccessible facilities shall post accessibility notices to the public at the bottom of their stairs and on their websites. The notices must include a phone number that can be called for assistance and information. Staff shall be trained on how to provide the public with information on the availability of disability accommodations at these locations and the availability of services at alternative locations that are fully accessible. The Augusta Recreation and Parks Department is currently improving program accessibility at several facilities. Repainting parking to include access aisles, adding the official Georgia accessible parking signs at the required height and repairing cracked and uneven sidewalks are all "readily achievable" improvements in accessibility that can be accomplished easily and at minimal expense. SPLOST funds have been designated for maintaining, improving and extending the sidewalks at several recreations centers and at Magnolia Cemetery and will positively impact the ADA compliance at these facilities. Only the recreation and community center facilities that are currently used for emergency shelters, cooling shelters or polling locations are included in the current Transition Plan Update. Forty-two polling locations were surveyed for program accessibility and for interior access to the voting area. It has been a long standing policy of the Board of Elections that all polling locations are evaluated for accessibility prior to being selected. In 2018, one polling location at Minnick Park required the installation of a threshold ramp and Wallace Branch Library required remediation of public sidewalk curb ramps. Two locations will be moved to more accessible facilities prior to the first 2020 elections. Temporary measures approved by the U.S. Department of Justice are used to improve accessibility at voting locations that are not owned by Augusta, Georgia. Temporary remediation measures include adding temporary parking and directional signs, marking access aisles, adding door buzzers and placing rubber mats over uneven concrete. 1.0 Introduction and Executive Summary 5 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Augusta-Richmond County emergency shelters are located at public community centers, public schools and a few churches. Augusta, Georgia currently has 30 identified facilities that may be used as emergency or cooling shelters. All shelters surveyed provide accessible parking, accessible pedestrian routes from parking and accessible entrances. All but 3 have wheelchair accessible restrooms and 14 have accessible shower facilities. Shelters with accessible restroom and shower facilities and refrigeration equipment are necessary for individuals who are disabled or take medication which requires refrigeration. None of the current shelters indicated that they had facilities for service dogs or emotional support animals during an emergency. Augusta Regional Airport has made several improvements to the physical accessibility of their facility and flights. New accessible boarding bridges have replaced the steps used to board the planes at both gates. Renovated restrooms meet the most current accessibility standards and accessible unisex restrooms have automatic door openers. Passenger Assistance Liaisons provide wheelchair and baggage assistance to passengers with disabilities. Transition Plans for Facilities and Services The current Augusta Georgia ADA Transition Plans for PROW Pedestrian Facilities and Augusta-Richmond County Services and Programs may be found in Appendices A and B of this document. The projects listed in Appendix A includes sidewalks and bus stops remediated since the 2016 SETP or funded and scheduled for remediation at this time. PROW accessibility remediation projects funded through SPLOST 8 and TIA in 2023 or later will be included in the next Transition Plan Update as information becomes available. The Augusta-Richmond County Commission has proposed a 5-year Capital Improvement Plan for bus stops that would include 125 ADA compliant bus stops with ADA compliant shelters and installation of 500 ADA compliant bus stop signs, The current Transition Plan for Public Programs and Services other than recreational services and fire stations may be found in the Appendix B of this document and includes accessible parking, accessible routes from arrival points and entrance accessibility. Subsequent ADA Transition Plan Updates will include Recreational Programs and services and Fire Station accessibility as well as accessibility surveys of the interior features of public buildings such as service desks, restrooms, signage, water fountains and major function areas. Compliant and fully remediated facilities will not be included in future ADA Transition Plan Updates. The current ADA Transition Plan Update is part of the required ongoing commitment by Augusta, Georgia to evaluate and remediate facilities and policies that create barriers to the equal participation of individuals with disabilities. The Augusta, Georgia ADA Transition Plan is a living document that is required by federal law and must be updated annually and submitted to GDOT. Improvements in accessibility that goes beyond the minimum requirements benefits the community as a whole, and its incorporation into any planning process could provide benefits beyond basic compliancy without adding to the ultimate cost of development. 1.0 Introduction and Executive Summary 6 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Transition Plan Priorities The Augusta, Georgia ADA Transition Plan Updates must be comprehensive and go beyond Augusta's public facilities to include administrative policies and procedures, communications, and services, programs and activities. Facilities, services, programs and activities that have been documented on a Transition Plan and fully remediated do not need to be included in the next update as individual items unless they become inaccessible. Overtime, older inaccessible facilities, services, policies and communications will be improved or replaced by accessible ones. The recommended priorities for bringing Augusta, Georgia's policies, practices and procedures into compliance with federal and state accessibility laws and regulations include the following: •Provide annual ADA Title 1 -V compliance training to all City of Augusta employees •Include the ADA Employee Reasonable Accommodation Policies in the PPPM •Ensure that all websites are ADA compliant and include accessibility notices •Establish processes for creating accessible web-content and alternative formats •Budget and establish process for captioning or transcribing online videos •Establish a Citizen's Accessibility Advisory Council •Budget for sidewalk and bus stop accessibility remediation requests from citizens •Budget for curb ramp remediation and installation in all road resurfacing projects •Enforce Georgia State Traffic Code - "Parking for Persons with Disabilities" •Establish local accessibility codes reflective of Georgia State Accessibility Codes •Update the 2004 Street and Road Design Manual to include the ADA PROW requirements •Establish a local code for "no parking" zones at bus stops to ensure accessibility •Establish a local code for "on-street residential disabled permit parking" •Ensure that all bus stop pads connect to accessible sidewalks with curb ramps •Ensure that ADA compliant pedestrian routes around construction are provided •Designate the required number of on-street accessible parking spaces •Ensure that angled on-street parking has access aisles and curb ramps •Budget for accessibility remediation of Polling Places and Emergency Shelters •Ensure emergency management procedures are fully ADA Compliant •Ensure that all emergency shelters have ADA compliant restrooms •Ensure that all city-owned parking complies with the ADA and Georgia Codes •Ensure that all facility renovations comply with accessible route of travel requirements •Ensure that all facility renovations are compliant with Georgia Accessibility Codes •Ensure that facilities have ADA directional signage at non-accessible entrances 1.0 Introduction and Executive Summary 7 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 2.0 ORGANIZATIONAL RESPONSIBILITIES Introduction As a local government entity, the City of Augusta is required to comply with Title II of the ADA and its implementing regulation, 28 C.F.R. Part 35. Because the City receives funds from several agencies of the Federal Government, it is also required to comply with Section 504 of the Rehabilitation Act of 1973 and its implementing regulation, 28 C.F.R. Part 42, Subpart G. This ADA Transition Plan Update is serves to meet the following requirements of Title II: 1.) to conduct self-evaluations of their programs, policies, practices and services; 2.) to make modifications necessary to comply with the Title II regulations; 3.) to notify applicants, participants, beneficiaries and other interested persons of their rights and the City's obligations under Title II; 4.) to designate a responsible employee to coordinate their efforts to comply with Title II and carry out the City's ADA responsibilities; 5.) to establish a grievance procedure for resolving complaints of violations of Title II; 6.) to operate each program service and activity so that when viewed in their entirety, they are readily accessible to and usable by individuals with disabilities by: -making physical changes to facilities in accordance with the ADA Standards, and -delivering services, programs or activities in alternate ways; 7.) to ensure that facilities that are newly constructed or for which alteration began after January 26, 1992, are readily accessible and usable by people with disabilities in accordance with the ADA Standards in effect at the time of construction; 8.) to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with other, including furnishing auxiliary aids or services when necessary; 9.) to communicate through the use of a teletypewriter or other effective communications system, with individuals who have hearing or speech impairments; 10.) provide direct access to telephone emergency services, including 911 services, for persons who use teletypewriters or computers to telephone emergency services; 11.) to provide information to interested persons with disabilities concerning the existence and location of the City's accessible services, activities and facilities; 12.) to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities and services; and 13.) to maintain all accessible features of the City's facilities to ensure accessible facilities and services. Title II of the ADA also provides protections from disability employment discrimination as implemented through the reasonable accommodation and equal employment opportunity provisions of Title I of the ADA. Title I protects both applicants and employees from disability- based discrimination. Compliance with Title I of the ADA is beyond the scope of this ADA Transition Plan Update. 2.0 Organizational Responsibilities 8 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Augusta, Georgia Government The City of Augusta consolidated with Richmond County in 1996 and currently has a population of just over 200,000 people. The consolidated Augusta-Richmond County government consists of a Mayor and 1 0 County Commissioners. Public transportation services in Augusta include Augusta Transit, Augusta Regional Airport and Daniel Field Airport. Augusta-Richmond County Recreation and Parks Department has community centers, recreational facilities and parks throughout the county. Augusta - Richmond County is located in GDOT District 2 - Area 4. Both Title I and Title II of the ADA protect job applicants and employees from disability-related discrimination. Reasonable accommodations must be provided to qualified applicants and employees, and each employee's situation must be evaluated without bias and unfounded assumptions. The Employee Relations Manager in the Augusta, Georgia Human Resources (HR) Department administers the ADA Title I Reasonable Accommodation policy outlined in the ADA Reasonable Accommodation Procedures posted on the HR website. The EEO Coordinator in the Augusta, Georgia Compliance Department is responsible for investigating ADA Title I complaints, as well as, conducting non-discrimination training and complaint investigations for all federally protected classes of applicants and employees. The Augusta, Georgia Compliance Department was established in 2016 and includes the Equal Employment Opportunity Division (EEO), Accessibility Division (ADA) and Disadvantaged Business Enterprise (DBE)/Local Small Business Opportunity Program (LSBOP) Division. The Compliance Director is Ms. Treza Edwards, who reports directly to the Mayor and the Commission. The Compliance Director provides oversight and supervision to the EEO, ADA and DBE Coordinators. Augusta, Georgia Compliance Department Organizational Chart Current as of 3/9/2020 I- Carole Burrm.vbridge ADA Coordinator 2.0 Organizational Responsibilities Yolanda Jackson DBE Coordinator 9 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Augusta, Georgia Organizational Chart Updated June o, 2019 GEreral Counsel De pct\· Adcrinistrator Finance- lran�lt Proturement 2.0 Organizational Responsibilities ir.forrnation Technolc,gy Hurn an; 2so1..irce-s Fire Central Service; • f,/:av0r & Corr mission Aom1nistr2t.:;r Oi·ectoro: Ccmpltar.ce EEO DEE & ADA. Clerk Cepufy A.dm,nistrator Utilities E m,iror me-r.ta; Servic€'.� tlanning a"<d Developme�t RCCI R"c·eaticn & Pa,f, Housing & CorrHTlL./ni� Devel opmfnt Animal Serv;ces 10 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 ADA Requirements for Loc al Governments ADA Coordinator If a public entity has more than 50 employees, it is required to designate at least one employee to coordinate ADA compliance. A government entity may elect to have more than one ADA Coordinator. The ADA Coordinator is responsible for coordinating the efforts of the government entity to comply with Title II and investigates any complaints that the entity has violated Title II. The name, office address, and telephone number of the ADA Coordinator must be posted on line and distributed to staff and the public. Having an ADA Coordinator also benefits local government entities. It provides a specific contact person with knowledge and technical information about the ADA so that questions by staff can be answered efficiently and consistently. In addition, she or he coordinates compliance measures and can be instrumental in ensuring that compliance plans move forward. The responsibilities of the ADA Coordinator include: -Providing oversight to ADA compliance efforts -Conducting ADA evaluations of policies, programs, services and facilities -ADA Transition Plan Updates -Investigating complaints of disability discrimination -Providing training to employees regarding the requirements of the ADA -Reviewing facility designs and construction for compliance -Participating in prioritizing projects that improve accessibility ADA Notice of Non-Discrimination The notification requirements of the ADA require local governments to distribute an ADA Notice of Non-Discrimination to all applicants, employees and the public. The notice must provide information on the right to request reasonable accommodations and alternative formats and the right to file a disability discrimination grievance with the ADA Coordinator. It must contain the name and contact information for the ADA Coordinator and be updated to remain current. It must be distributed to all agency heads and posted on the government Internet homepage and prominently at all facilities where services are provided to the public. The required ADA Notice of Non-Discrimination and the Website Accessibility notice links are located in the footer of the augustaga.gov website. The ADA/Accessibility Division website contains information on the duties of the ADA Coordinator, ADA resources, the ADA Transition Plan and the Accessibility Barrier Report Form. The ADA/Accessibility Division website may be found at: https://www.augustaga.gov/243/AccessibilityADA 2.0 Organizational Responsibilities 11 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Grievance Procedure Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner. To report a barrier, request a reasonable accommodation or to file a complaint regarding accessibility of facilities, services, programs or activities, the ADA Coordinator should be contacted. The online ADA Accommodation/Accessibility Barrier Report Form provides a convenient way to submit complaints or reports to the ADA Coordinator. If the person needs an alternative format or a reasonable accommodation to complete the required forms due to their disability, they are available upon request. The ADA Coordinator will work with Augusta, Georgia departments and IT to provide alternative formats and reasonable accommodations. All accessibility and discrimination complaints will be reviewed by the ADA Coordinator, who will gather any additional information necessary to refer or investigate the complaint. The ADA Coordinator will either make an appropriate referral to an outside agency or contact the department within the Augusta, Georgia government to make them aware of the complaint. When appropriate, the ADA Coordinator will work with the department to create an action plan to provide access to services or programs and/or a facility transition plan when appropriate. The ADA requires that all accommodation requests, complaints and grievances must be responded to in writing and include a rationale if the request is denied. All Augusta Transit ADA complaints and grievances must be kept as required by the FTA. All requests, complaints, grievances and responses will be kept on file pursuant to the Augusta, Georgia and Georgia State records retention policies. Formal grievances may be initiated using the online Accessibility Barrier Report Form, but complaints that rise to the level of a formal grievance must be submitted in writing, be submitted by established deadlines and must include: -The name, address and telephone number of the complainant -The name and address of the person filing on behalf of the complainant -A description of the alleged violation and the remedy sought -The date and location of the alleged violation -Whether a complaint has been filed with a federal agency or court -If applicable, the date, name and location of the federal complaint filing Augusta, Georgia must inform the public that Title II ADA grievances may also be submitted to the Department of Justice Civil Rights Division or to the civil rights enforcement division of the appropriate federal agency. The federal agencies that investigate and enforce the ADA include the FHWA, FTA, HUD, FAA and the EEOC. Retaliation against individuals exercising their right to file a grievance under the ADA is a violation of Title V of the ADA. Title V a also requires federal agencies to provide technical assistance on complying with the ADA to local governments. 2.0 Organizational Responsibilities 12 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Transition Plan The ADA requires local government entities to develop an ADA Transition Plan that provides the steps necessary to achieve compliance with the ADA. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection. If a public entity has responsibility or authority over streets, roads, or sidewalks, its transition plan shall include a schedule for providing curb ramps where pedestrian walkways cross curbs giving priority to walkways in the order of those serving (1) government offices, (2) bus stops, (3) public businesses and (4) employers. The Plan shall at minimum include the following elements. It must identify the physical obstacles, policies and practices that limit the accessibility of the public entity's programs and services, describe the methods and actions required to remove each barrier along with an implementation schedule, the identified responsible person and the budget for removal of the barrier to access. Communications A public entity shall take appropriate steps to ensure that communication with applicants, participants, members of the public, and companions with disabilities are as effective ass communications with others. A public entity shall furnish appropriate auxiliary aids and services where necessary. Sign language interpreting or Video Interpreting must be provided when communicating important emergency and safety information to the public or when providing legal or medical information to individuals who are deaf. Employment Title II of the ADA requires state and local governments to ensure that no individual shall, on the basis of disability, be subject to discrimination in employment under any service, program, or activity conducted by a public entity. The requirements of Title I of the ADA, as established by the Equal Opportunity Commission or the requirements of Section 504 of the Rehabilitation Act, as established by the Department of Justice, apply to employment in any service, program or activity conducted by a public entity. Information and Slgnage A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of activities, services and facilities. Websites and online forms and documents must be accessible. Documents and forms must be provided in alternative formats such as large print, electronic, paper or Braille. Public videos must be captioned or transcribed. Policies and processes for the creation of alternative formats must be established. Maintenance of Accessible Features Features of facilities and equipment that provide access to persons with disabilities must be maintained in operable working condition allowing for isolated or temporary interruptions due to maintenance or repairs. Reasonable accommodations must be provided during interruptions. 2.0 Organizational Responsibilities 13 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Program Accessibility Title II requires that no qualified individual with a disability shall be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity or subject to discrimination by any public entity. Compliance with program access requirements may be achieved through the alteration of existing facilities and construction of new facilities, acquisition of equipment, reassignment of activities to accessible buildings, assignment of aides to beneficiaries, delivery of services at alternate accessible sites or any other methods that result in making programs and services accessible and usable by people with disabilities. A public entity must give priority to those methods which offer accessible services and programs in the most integrated setting. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance. Elements that meet the 1991 Standards or UFAS are not required to be be modified in order to meet the 201 0 ADA Standards. Nevertheless, when renovations are undertaken after March 15, 2012, they must meet the 2010 ADA Standards that apply to renovations and new construction. New Construction and Alterations of Facilities If the construction was commenced after January 26, 1992, each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such a a manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities. New construction must fully meet the Accessibility Standards in effect at the start of construction. In renovations, if full compliance would be structurally infeasible, compliance is required to the extent that it is not structurally infeasible. An "accessible path of travel" is required to provide access to altered primary function areas of all facilities. The "accessible path of travel" includes site arrival points such as parking, sidewalks, ramps, entrances, restrooms, water fountains and telephones. When the cost exceeds 20% of the cost of the alteration to the primary function area, the path of travel shall be made accessible to the extent that it can without incurring disproportionate costs. In the case of disproportionality, priority should be given to those elements that will provide the greatest access, in the order of: (1)accessible parking, accessible route and an accessible entrance; (2)an accessible route to the altered area; (3)at least one accessible restroom for each sex or a single unisex; (4)accessible telephones; (5)accessible drinking fountains; (6)additional accessible elements such as service desks, storage, and alarms. 2.0 Organizational Responsibilities 14 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 2.0 Organizational Responsibilities 15 Comprehensive Planning Augusta’s Department of Planning and Development Mission Statement lists comprehensive planning, transportation planning, zoning, land development review and approval, environment regulation administration, building plan review and permitting, and City Code enforcement among the department’s responsibilities. The Augusta Planning and Development Department plays a significant role in improving compliance with the requirements of the ADA in Augusta-Richmond County because of its responsibilities for developing local ordinances, enforcing Georgia building codes and state accessibility codes and long-range planning of transportation infrastructure improvements. As the federally designated Metropolitan Planning Organization, Augusta Regional Transportation Study Metropolitan Planning Organization (ARTS-MPO) is responsible for the creation of the Long-Range Metropolitan Transportation Plan (MTP) every five years and Transportation Improvement Plans (TIP). Federal regulations require that MPOs must certify annually that the transportation planning process is being carried out in compliance with all applicable federal statutory and regulatory requirements. The Augusta, Georgia ADA Transition Plan is required by federal law. Beginning in 2019, it must be updated annually and submitted to GDOT's ADA Coordinator. The FHWA has required the Augusta, Georgia ADA Transition Plan to include a schedule and budgets for bringing Augusta-Richmond County's sidewalks, crosswalks and bus stops into compliance with the Americans with Disabilities Act Amendments Act of 2008. The ADA Amendments Act of 2008 requires that newly constructed or altered streets or roadways must contain curb ramps and that newly constructed or altered pedestrian routes such as crosswalks, sidewalks and walking trails must have curb ramps. The 2013 Joint DOT/DOJ Memorandum clarified that road resurfacing constitutes an alteration triggering the required installation and remediation of curb ramps. The ADA also requires curb ramps to be installed to provide access to government services and transit services. In 2015, the DOT published the ADA FTA Circular C 4710.1 which provides guidance on the DOT ADA Transportation Facilities Standards of 2006. The Augusta-Richmond County Street and Road Design Technical Manual was last updated in 2004 and includes only a passing reference to pedestrian facilities' compliance with the ADA and the ADA Standards. An updated Augusta-Richmond County Design Manual is needed to ensure that pedestrian facilities in Richmond County are being built to the current accessibility standards adopted by GDOT and the FHWA which is PROWAG. PROWAG provides the most current technical standards specifically for the design of accessible sidewalks and crosswalks, ADA curb ramps, bus stops and accessible on-street parking. In Section 302 of Augusta's Planning and Development Department Site Plan Regulations , describes general requirements for sidewalks, but no mention is made of specific accessibility features such as accessible pedestrian routes, curb ramps, crosswalks that would, of course, need to be included in a final permit-ready plan. In order for ADA compliance to become integrated into planning and less of a second-tier design effort, more specific references to ADA and Georgia Building Code accessibility requirements should be included in such checklists and guidelines and on the Planning and Development website. Currently, links to the federal and Georgia ADA Standards and IBC/Georgia Building Codes for Accessibility are provided on the Accessibility Division website. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 3.0 POLICIES, PRACTICES AND PROCEDURES Introduction This section addresses the programs and policies that were in place at the time this selfevaluation was completed. It includes a dialogue about the barriers that exist, various administrative requirements, existing policies and programs, and current guidelines. This section will focus on findings and recommendations relating to two categories of barriers: 1) Communication, and 2) Policies and Programs. Removing Barriers Among the range of limiting or prohibitive barriers to access that may confront persons with disabilities, are those that relate to communications and information and to policies and program participation and include: Communication This group of barriers is experienced by individuals who have disabilities that affect hearing, speaking, reading, writing, and or understanding, and who use different ways to communicate than people who do not have [those] disabilities. Equal access to information requires that accessible formats of communications including online information such as applications, documents and videos be provided free of charge. Sign language interpreting and assistive listening devices must be provided free of charge to persons with hearing impairments when required to ensure effective communication, participation and safety. Written communication may provide effective communication for deaf persons in many circumstances, but public entities must provide consideration to the communication preferences of the person with a sensory disability. Sign language interpreting services may be necessary when communicating vital safety, medical or legal information to deaf individuals or to the larger community that may include deaf individuals. Policies and Programs Policy barriers generally include denial of opportunity to participate in or benefit from city programs, services, or activities, or to receive benefits or opportunities to which they might otherwise be eligible. Policy barriers also include the failure to offer or provide reasonable accommodation such as alterations to items, facilities, procedures or processes without which participation might be limited or denied. Policies and programs may not include qualification standards for participation that categorically screen out or disqualify individuals with disabilities who are otherwise qualified and eligible. Program (programmatic) barriers may be due to discriminatory policies, due to a program being offered only at inaccessible facilities or due inaccessible communications about the program or within the program. Programs must notify the public that reasonable accommodations or alternative formats are available and train program staff on how to respond to requests for reasonable accommodations, alternative formats or auxiliary services such as sign language interpreting. 3.0 Policies, Practices and Procedures 16 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Auxiliary Aids and Services Public entities are required to provide auxiliary aids and services to ensure effective communication for individuals with hearing and vision impairments. Event and activity planners must notify potential participants of the availability of reasonable accommodations and provide contact information for make accommodation requests. Appropriate auxiliary aids and services for individuals who are deaf or hard of hearing may include services and devices such as assistive listening devices; written materials; exchange of written notes; note takers; transcripts; telephone handset amplifiers; telephones compatible with hearing aids; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, qualified interpreters; video remote interpreting (VRI) services; real-time computer-aided transcription services; or other effective methods of making orally delivered information available to individuals who are deaf or hard of hearing. Appropriate auxiliary aids and services for individuals who are blind or have low vision may include services and devices such as qualified readers; taped texts; audio recordings; Braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision. The ADA requires that public entities give significant consideration to the communication preferences of the individual. If the individual's preferred form of communication is denied, the provided format or auxiliary aid service must provide equally effective communication. The effectiveness of the communication is especially important when communicating legal, medical or safety information. Reasonable Accommodations Title II of the ADA states that, "No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity". A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provisions of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the ADA. Reasonable accommodations must be determined on a case-by-case basis through an interactive process. Service Animals are dogs that have been individually trained to perform tasks to reduce the impact of their handler's disability. They must be permitted in all public facilities as long as they are kept under control. No requirements for certification or special vests or questions about the nature of the handlers disability are permitted. The handler may only be asked if the dog is a trained service dog and what trained task it performs. 3.0 Policies, Practices and Procedures 17 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 EMPLOYEE ADA TRAINING Department Questlonnai'e Findings In 2015, an ADA self-assessment questionnaire was distributed to the directors of 41 city departments with 36% response rate. It evaluated understanding of the ADA and compliance with the non- discrimination requirements of the ADA at the department director level. The broad range of the responses were interpreted to support the need for a unified and coordinated approach to compliance across all departments. This was initiated in 2016 with the creation of an ADA website to serve as an ongoing source of information. Additionally, a follow-up assessment of all department directors and department staff will be conducted after a period of intentional training is completed. ADA Training Beginning in June 2017, ADA compliance training was provided to all newly hired employees across all departments in conjunction with the existing EEO non-discrimination training provided at Orientation. The training is ongoing and provided by the ADA Coordinator. It includes the following areas: 1.General Information on the scope and requirements of the ADA; 2.Title I Employment Reasonable Accommodations and EEO Protections; 3.Title II Government Services and Program Access; 4.The ADA Notice of Non-Discrimination 5.Facility Accessibility Standards and Building Accessibility Codes; 6.Title Ill Georgia State Accessibility Codes and Local Enforcement; 7.Service Animals; 8.Communication Access and Georgia Relay 7-1-1 Although periodic training for all staff across all departments has not been initiated, current employees in several departments have received ADA training. The 9-1-1 Call Center, the Recreation and Parks Department, the Human Resources Department and the Engineering Department have received ADA training. Risk Management Supervisors from several departments received ADA training in conjunction with their annual EEO training. The Augusta 3-1-1 staff, Sheriffs Office staff, Procurement staff, Administrator's Office staff, Mayor's staff, Engineering staff, Library staff and Board of Elections staff and other front desk staff have received Georgia Relay Service training. Recreation and Parks, Central Services, the Sheriffs Office and the Board of Elections staff have all received more in-depth ADA training including training on the ADA Standards for Accessible Design that applies to buildings and parking facilities. These departments have taken the initiative to expand their knowledge of the ADA in order to improve remediation of older facilities that they are responsible for and to ensure programs at these facilities are accessible. 3.0 Policies, Practices and Procedures 18 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 ACCESSIBLE COMMUNICATIONS General Effective Communication Public entities are required to provide effective communication. Department of Justice Project Civic Access settlement agreements have included requirements for local governments to identify vendors of qualified sign language and oral interpreters, qualified real-time transcription services, and Braille transcription services. Procedures and timeframes must be established for fulfilling requests for these services and alternative formats including Braille, large print, cassette tapes and accessible electronic formats. Law enforcement and effective communication with deaf individuals has also been an area of DOJ enforcement activities. Requirements imposed have included contracting with qualified oral and sign language interpreters to be available twenty-four hours a day to law enforcement departments, equipping each sheriffs substation and detention facility with at least one (1) working TTY and one (1) video phone, and providing extended time for calls when TTY or video- phones are used due to the slower nature of these communications. Additionally, DOJ Settlement agreements have required law enforcement to establish a policy statement on communication with people who are deaf or hard of hearing and distribute it to all officers. 911 Services In 2018, Augusta 911 upgraded their equipment to the most technologically advanced 911 call equipment that is able to receive texts to 911. Being able to receive text calls means that Augusta 911 can receive emergency calls from citizens who cannot talk and from deaf citizens . The technology allows citizens to use their mobile phones to contact emergency services rather than relying upon special technology or the assistance of others to make those calls. Web-Based Services The websites, web-based content and web-based services of public entities are required to be equally accessible to persons with sensory disabilities. At this time, enforceable web- accessibility standards apply only to federal agency websites, but the Web Content Accessibility Guidelines (WCAG) version 2.0 is the current standard for ensuring that websites provide the required equal access. The standards ensure that the navigability, contrast and labeling of graphic content on websites are compatible with the screen reader technology used by blind individuals. Recent Project Civic Access settlement agreements have included requiring the captioning of online videos whether live or archived. The ADA requires that online content that is not fully accessible, must be provided in alternative formats. Establishing processes for creating accessible online content and converting non- accessible content into alternative accessible formats quickly and accurately upon request are necessary to meet the requirements of Title II of the ADA. Because of the volume of online content, it is advisable to make a commitment to establish a start date after which all new online content will be accessible and to make older online content available in accessible formats upon request or over time beginning with those videos, documents and forms that are most important or used by the largest number of people. 3.0 Policies, Practices and Procedures 19 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 The adoption of web accessibility policies and training for all employees and contractors who design, develop or maintain Augusta, Georgia websites is recommended. Only web-based products that meet the WCAG 2.0 AA standard should be purchased or leased. Including accessibility requirements in requests for bids and contracts is recommended. Recent DOJ Project Civic Access Settlement Agreements such as the one with the City of Milwaukee include requirements to designate an employee with knowledge of WCAG as the web accessibility coordinator tasked with training and ensuring that all websites and online services are compliant and meet minimal requirements. Relay Service Calls Telecommunications Relay Services (TRS) have largely replaced Text Telephone (TTY) and Telecommunications Devices for the Deaf {TDD). Relay services are free text-to-voice phone services provided by each state to meet the requirements of Title IV of the ADA. The number to reach Georgia Relay Services is 711. Relay calls allow deaf persons to make and receive phone calls with hearing persons by connecting to a Relay Operator who communicates with the deaf person in text and with the hearing person on a regular audio phone. Relay calls have a certain protocol of taking turns to allow for the operator to communicate with both parties sequentially. Video Relay Service (VRS) calls are free video-to-voice calls that allow the use of American Sign Language and video to communicate with a Relay Operator who then communicates using a audio phone to convey the message to and from the hearing person. Augusta, Georgia has been designated as a Georgia Relay Partner. Georgia Relay Training is part of Augusta's new employee ADA training, and a commitment has been made to train front desk staff to know what to expect and how to respond to a Georgia Relay phone call. Georgia Relay is a teletypewriter based service of the state of Georgia that provides free equipment to individuals who are deaf, hard of hearing or speech impaired. ASSESSMENT OF POLICIES, PRACTICES AND PROCEDURES A cycle of training and assessment of staff knowledge will ensure that policies, programs and services are compliant with the non-discrimination and reasonable accommodation requirements of the ADA. The self-assessment of staff knowledge of the ADA will be expanded to include all City employees after they have received staff ADA training. The Augusta, Georgia ADA Notice of Non- Discrimination, Project Civic Access settlement agreements and the requirements of Title II of the ADA will form the basis of employee ADA training. The assessment of Directors', Supervisors' and Managers' knowledge of the scope and requirements of the ADA as it applies to Augusta-Richmond County policies, programs and services is planned for 2020. The assessment will be done in conjunction with ADA training and the results will be included in the next Transition Plan Update. 3.0 Policies, Practices and Procedures 20 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 4.0 Access to Programs and Services Introduction Section 504 of the Rehabilitation Act of 1973 (504} requires that all recipients of federal funds must ensure that all of their programs and services, whether or not federally funded, do not discriminate on the basis of disability. The ADA was a comprehensive civil rights law originally signed into law July 26, 1990 and prohibits state and local government entities from discriminating against individuals with disabilities. The scope of the ADA extends to the employment practices, transportation services and all programs, services and activities of local governments. The ADA also created a new agency, the U.S. Access Board, to develop enforceable technical standards for accessibility that applied to all public buildings constructed or renovated after January 26, 1992. The ADA Amendments Act of 2008 resulted in broader disability protections for employees as well as the 2010 ADA Standards for Accessible Design and new accessibility standards for recreational facilities. Accessible Parking State and local government facilities have an ongoing ADA obligation to make their services and programs accessible, which requires providing accessible parking and accessible routes from site arrival points such as parking or bus stops to accessible entrances. The ADA, Georgia Code and Georgia building codes require accessible parking, routes and entrances in new or renovated buildings. In addition, businesses or privately owned facilities that provide goods or services to the public have a continuing ADA obligation to remove barriers to access in existing parking facilities when it is readily achievable to do so. Because restriping is relatively inexpensive, it is readily achievable in most cases. When a State or local government or business restripes parking spaces in a parking lot or parking structure (parking facilities}, it must provide accessible parking spaces as required by the 2010 ADA Standards for Accessible Design (2010 Standards} and Georgia Code. Georgia Code states that local government entities, either code enforcement or fire marshals, are responsible for the enforcement of this requirement, except at state owned properties, whether or not a permit is required for parking lot resurfacing. Figure 4-1. Marked Access Aisle Connected to Accessible Pedestrian Route 4.0 Access to Programs and Services 21 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 The required ratio of accessible parking spaces to total spaces is 1 :25 for lots with 100 or fewer spaces. Accessible parking spaces shall be 96 inches wide minimum and the maximum slope in all directions is 1 :48. Access aisle width is at least 60 inches and the same length as the adjacent parking space(s) it serves, maximum slope in all directions is 1 :48, and access aisle must connect to an accessible route to the building. Ramps must not extend into the access aisle. Location of Parking Spaces Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance. Where buildings have multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and located closest to the accessible entrances. When accessible parking spaces are added in an existing parking lot or structure, locate the spaces on the most level ground close to the accessible entrance. An accessible route must always be provided from the accessible parking to the accessible entrance. An accessible route never has curbs or stairs, must be at least 3 feet wide, and has a firm, stable, slip-resistant surface. The slope along the accessible route should not be greater than 1: 12 in the direction of travel. Accessible parking spaces may be clustered in one or more facilities if equivalent or greater accessibility is provided in terms of distance from the accessible entrance, parking fees, and convenience. Vanaccessible parking spaces located in parking garages may be clustered on one floor (to accommodate the 98-inch minimum vertical height requirement). 4.0 Access to Programs and Services Van Accessible Spaces The first accessible space and one out of every 6 accessible spaces must be van accessible. Van parking spaces must be 132 inches wide minimum with an adjacent 60-inch wide minimum access aisle. A van parking space of 96 inches wide minimum with an adjacent 96-inch wide minimum access aisle is also permitted. Van accessible spaces must also be designated by a "Van Accessible" sign in addition to the standard blue official Georgia accessible parking sign. Table 4-1. Minimum Number of Accessible Parking Spaces. Minimum Number of Accessible Parking Spaces 2010 Standards (208.2) Total Number of (Column A) Mininum Number Parking Spaces Minimum Num-of Van-Accessible Provided in her of Accessible Parking Spaces Parking Facility Parking Spaces (1 of six (per facility) (car and van) accessible spaces) 1 to 25 1 1 26to 50 2 1 51 to 75 3 1 76 to 100 4 1 101 to 150 5 1 151 to 200 6 1 201 to 300 7 2 301 to 400 8 2 401 to 500 9 2 2% of total parking 500to 1000 provided in each lot 1/6 of Column A* or structure 1001 and over 20 plus 1 for each 1/6 of Column A* 100 over 1000 *one out of every 6 accessible spaces 22 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Temporary Parking Accessible parking spaces should be located where the surface is firm and stable. Dirt should be hard and compact and grassy areas closely cut to ground level. Loose sand, gravel, and tall grass are too difficult to travel across for many people using wheelchairs or those who walk with difficulty. Sites that become slippery or muddy when wet will not be usable by everyone. If it is possible to find a paved lot with an accessible route, locate accessible parking there. You may need to place plastic or rubber matting over unstable natural surfaces to make them navigable for short distances. As with all accessible parking, those designated in temporary lots should be level and near accessible entrances. The space should be laid out in accordance with the Standards and identified with the accessibility symbol. Use crowd control fences, traffic cones, and/or similar barricades to set aside accessible parking areas, and designate each space with a sign displaying the accessibility symbol. Create an accessible route from the parking access aisles to the event entrance. People using wheelchairs should not have to travel behind parked cars or cross vehicular traffic lanes. If this is unavoidable, the pedestrian route (especially where the route crosses traffic lanes), access aisles, and parking spaces should be clearly defined. Methods and materials to use include chalk or aerosol paint, ropes and stanchions, crowd control fences, and barricades at key points. If an existing passenger loading zone lacks curb ramps, block a portion of the area off and use a portable curb ramp. Temporary passenger loading zones can be created by blocking off areas along streets and driveways or in parking lots. If the temporary passenger loading zone is located away from the event entrance, provide directional signage and an accessible route to the location. When there is no accessible parking, an existing space can be temporarily used as an access aisle to make the spaces on either side of the aisle accessible. �-----Accessible parking sign Portable curb ramp r--n-----Traffic cones are used to block /7 off temporaryff access aisle. Figure 4-2. Temporary Accessible Parking with Accessible Route 4.0 Access to Programs and Services 23 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Accessible Pedestrian Routes Title II of the ADA requires state and local governments to ensure that their public programs and services are accessible to people with disabilities. Program access in public facilities requires that an accessible pedestrian route connect facility site arrival points such as parking, passenger loading areas and on-site bus stops to an accessible entrance to the facility and to the primary function areas of the facility. The accessible pedestrian route may also be referred to as the accessible path of travel. In new construction, its location shall coincide with the path of travel used by the general public and connect to the main facility entrance. It includes the access aisle adjacent to accessible parking spaces or passenger loading areas, ADA compliant curb ramps and an accessible sidewalk that connects to an accessible entrance. The remediation, renovation and new construction of pedestrian routes must be compliant with the 2010 ADA Standards unless technically infeasible. Within an accessible pedestrian route, changes in level greater than 1/2 inch beveled or 1/4 inch perpendicular in height are not accessible. Changes in level such as curbs or lifts in the sidewalk must be ramped or ground down to provide an accessible route. Curb ramps at parking must be comply with the 2010 ADA Standards and not encroach on the access aisle. Curb ramps at Transit Facilities must comply with the FTA ADA Standards. If the terrain is excessively sloped, the site arrival points and the sidewalk must be located and designed to reduce the slope and ensure accessibility. Longer ramps, level landings and switchbacks may be used to reduce the slope of a pedestrian route. When primary function areas are renovated in existing facilities, up to 20% of the total project budget must be allocated to the cost of providing an accessible pedestrian route. If the cost of complete compliance with the 2010 ADA Standards exceeds 20%, or technical infeasibility does not permit full compliance, compliance must be achieved to the greatest extent possible. Figure 4-3. Accessible Pedestrian Routes from Site Arrival Points 4.0 Access to Programs and Services 24 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Accessible Entrances New construction and renovations are required to have entrances that meet the 2010 ADA Standards for Accessible Design. In renovations to existing facilities, accessible entrances and an accessible path of travel to primary function areas that are altered is required but is limited to 20% of the cost of the renovation. Entrances must meet the 2010 Standards when entrances are newly added to a facility or as part of a facility addition or if an existing entrance is altered and no fully compliant entrance already exists. Existing entrances that were constructed or renovated prior to March 15, 2012 and are compliant with the 1991 Standards and UFAS are not required to comply with the 2010 Standards. Remediated or new entrance ramps must meet the 2010 ADA Standards and be a minimum of 36 inches wide and have a running slope that does not exceed 1 :12. Entrance landings must accommodate door maneuvering clearances as well as landings for provided ramps. Ramp runs may not exceed 30 feet. Ramps with a height greater than 6 inches must have ADA compliant handrails. In new construction, at least 60% of public entrances must be accessible in addition to at least one of the entrances directly serving each of the tenancies, parking facilities, pedestrian tunnels and elevated walkways. "Public entrances" include all entrances including employee entrances. Those that are restricted or that are used exclusively as service entrances are exempt. If entrances are restricted to certain occupants on a controlled basis, at least one must comply in addition to public entrances required to be accessible. This applies to those entrances where entry access is verified by security personnel and is strictly limited to certain occupants, but no one else, including guests or companions of authorized individuals. Clear IMdth (§405.5) 36" min. (between �ading edge of handraits) Alterations (§405.2) Permitted running slopes where space is limited. 1·1omax (6" max rise) or 1:8 max(3" max rise) Figure 4-4 ADA Compliant Entrance Ramp 4.0 Access to Programs and Services Wet Condilions (§405.10) /JJndings must be designed to prevent the accumulation of water. 25 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Accessible entrances must be a minimum of 32 inches wide and have a threshold that is no higher the 1/2 inch if beveled or 1/4 inch if unbeveled. Older buildings with higher thresholds will require the addition of a ramp or the remediation of the threshold in order to permit persons in wheelchairs to enter the facility. If there are no space limitations, the ramp slope must not exceed 1: 12 with a ramp length equal to 12 inches for each inch of rise. Where space is limited, rises no greater than 3 inches must have a slope no greater than 1 :8, and rises no greater than 6 inches must have a slope no greater than 1 :1 O. If there is a front approach to the pull side of the door, there must be a minimum of 18 inches of maneuvering clearance beyond the latch side of the door and at clear floor space with a depth of at least 60 inches in front of the door. If there are a series of doors, there must be a minimum of 48 inches between the swing of each door. Door hardware must be operable with one hand and not require tight grasping, pinching or twisting of the wrist. Traditional door knobs are not ADA compliant and must be replaced with lever, loop or push hardware. Door hardware must be no less than 34 inches and no greater than 48 inches above the floor or ground surface. If mats or carpets are provided at an entrance door, they must not be higher than 1/2 thick and must be securely attached to minimize tripping hazards. Mats or carpeting should be secured at the edges or removed if they are likely to shift or are too thick. ClearWfdth 32" min. Manual Controls must comply as operable parts if provided 'Thntshold 1Umax. high (beveled if above 114") DoOIS in Series 48" min. separation required between lbe_�«ooorua� Figure 4-5. ADA Compliant Entrance Door 4.0 Access to Programs and Services 26 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 4.0 Access to Programs and Services Signage All required signage is required to have high contrast text and meet the ADA Standards for text height. When not accompanied by Braille, the required minimum height of visual characters is determined by the horizontal viewing distance. Required signage includes accessible parking signage, directional signage, entrance doors, exit doors, areas of refuge, elevators, restrooms, bathing rooms, check-out aisles, TTYs, telephones and assistive listening devices. Each accessible parking space must be designated by the standard blue reflective Georgia accessible parking sign. The sign is required to include the words "Permit Parking Only", "Tow Away Zone" and the ISA. Georgia code requires that each sign be located 80 inches from the ground, which is a more restrictive standard than the ADA Standard of 60 inches. All van accessible spaces must be designated with a standard "Van Accessible" sign. Additional signage that reserves spaces for non-ambulatory persons or reserves spaces for employees who have been granted job accommodations are permitted. If the main facility entrance is not accessible, directional signage indicating the location of the nearest accessible entrance are required, and the accessible entrance door must be marked with the ISA. Directional signage should be located near site arrival points such as parking. Additionally, all inaccessible entrances must be marked by a directional sign indicating the location of the nearest accessible entrance. All permanent rooms including restrooms must have ADA compliant signage. High contrast raised lettering and numbers improve visibility for persons with low vision. Braille shall be located below the entire text. Room signs must be located on the wall adjacent to the latch side of the door. If there is insufficient space, it must be located as close as possible on the adjacent wall. Tactile signs shall be located a minimum of 48 inches from the floor and a maximum of 60 inches from the floor. . 6- ACCESSIBLE ENTRANCE Figure 4-6. Directional Sign with ISA 27 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 5.0 Emergency Shelters Accessible Emergency Shelters The Emergency Management page on the City of Augusta website outlines what will happen in the unlikely event a County evacuation order is issued. An evacuation order would specify the perimeters of the area to be evacuated as well as directing residents to available shelters. Residents of areas not in the defined area might be directed to stay where they are (shelterin- place). Augusta partners with the Red Cross and other agencies in the event of an emergency. The ADA requires that emergency sheltering programs must not exclude or deny benefits to people with disabilities. Before designating a facility as an emergency shelter, emergency managers and shelter operators need to determine if it is accessible. Elements such as a shelter's parking, walkway to the entrance, entrance, toilets, bathing facilities, drinking fountains, sleeping area, food distribution and dining quarters, first aid/medical unit, emergency notification system, and other activity and recreation areas need to be examined for barriers. Non-accessible facilities can be made accessible by using temporary measures stored on site and readily available for use in the event an emergency occurs. For guidance on emergency shelter accessibility, please see the Department of Justice's "ADA Checklist for Emergency Shelters" at www.ada.gov/pcatoolkit/ chap7shelterchk.htm. Equal access requires advance planning, and to be effective requires at least two steps: (1) identify the disability-related needs of the residents and visitors likely to be housed in a shelter, and (2) make the advance arrangements necessary to meet those needs in the event an emergency or disaster strikes. Augusta has numerous facilities that have been identified and equipped to serve as shelters. These locations are not published in advance as many factors will determine which shelter(s) would be opened. Some of these factors include the size and severity of the disaster, the location of the disaster area, and the numbers of people requiring shelter. When the determination is made as to which shelter(s) to open, the community will be informed via traditional media, the County's website, if necessary the Emergency Notification System. All 30 designated shelters have auxiliary power provided by generators and have ADA accessible parking, accessible pedestrian routes and accessible entrances. All but 3 have wheelchair accessible restrooms and 14 have accessible shower facilities. Shelters with accessible restroom and shower facilities and refrigeration equipment are necessary for individuals who are disabled or take medication which must be refrigerated. Planning and training of shelter staff must be undertaken to ensure that individuals with mobility impairments are sheltered in facilities with accessible restrooms and shower facilities. Persons with task trained service animals, must be permitted to bring their service animal with them to the emergency shelter. A service animal is a dog or miniature horse that has been individual trained to perform tasks on behalf of their handler with a disability. Service animals provide assistance for blindness, physical impairments, seizure disorders, diabetes, deafness and post-traumatic stress disorder. Individual's with service animals may only be asked whether the animal is a trained service animal and what trained task it performs for its handler. 5.0 Emergency Shelters 28 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 6.0 POLLING PLACES AND VOTING Polling Places Title II of the ADA requires state and local governments to ensure that polling places are accessible to people with disabilities. Some Augusta-Richmond County polling places are not owned or operated by the City of Augusta but are owned or operated by other public entities subject to Title II or by public accommodations subject to Title Ill or by religious organizations that are exempt from the ADA, but may be subject to state or local accessibility codes. Before designating any new polling place, the City will survey the polling place to determine whether it has any barriers to access by people with disabilities in the parking, exterior route to the entrance, entrance, interior route to the voting area or the voting area. All current polling places must also be evaluated to ensure that they are accessible. If the City owns the polling place, all barriers must be removed before the location is used as a polling place. If a previously accessible location becomes inaccessible and there is not time before Election Day to remove the barrier or the City does not own the polling location, temporary measures may be used to make the polling place accessible on Election Day. The Department of Justice's ADA Checklist for Polling Places is intended as a guideline for evaluation the accessibility of polling places. The ADA Checklist for Polling Places is based upon the 201 O ADA Standards for Accessible Design which is the current standard for accessible facilities. Voting facilities that were built or renovated prior to the effective date of the 2010 ADA Standards or the 1990 ADA Standards or are owned an operated by other entities, such as churches, may not meet either of these standards. With this in mind, the ADA Checklist for Polling Places also provides a list of temporary measures that may to be used to make polling places accessible on Election Day. It has been a long standing policy of the Richmond County Board of Elections that all facilities are evaluated for accessibility prior to being selected for use as a polling place. A comprehensive self- evaluation of all current Augusta - Richmond County polling places was completed in 2018 using the ADA Checklist for Polling Places as a guide. The majority of the 42 current polling places are located in churches or recreation centers. All polling locations were surveyed for Priority 1 accessibility which includes parking, the route from parking to the entrance and the building entrance and for interior access to the voting area as required. In 2018, one polling location at a recreation center required the immediate installation of a threshold ramp and one located at a library required remediation of public sidewalk curb ramps before the November election. Temporary measures approved by the U.S. Department of Justice were used to improve accessibility at polling places in facilities that are not owned by Augusta, Georgia. Temporary remediation measures include adding parking and directional signs, marking access aisles, adding door buzzers and placing rubber mats over uneven concrete. Two locations will be moved to more accessible facilities prior to the first 2020 elections. 6.0 Polling Places and Voting 29 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Voting Access Title II of the ADA requires that all polling places, voter registration and voting must be accessible and enable citizens with disabilities to vote alongside their neighbors at their assigned polling place on election day if they so choose. Voting equipment and voting areas of facilities must allow voters with disabilities to vote independently with the same privacy that is afforded other voters whenever possible. Voters with disabilities must be provided assistance with casting their vote when they are unable to vote without assistance. Absentee or advanced voting is not acceptable as an alternative to making polling places accessible. All Richmond County poll workers receive annual training on disability etiquette and the use of the accessibility kits that are provided to each polling place. Accessibility kits include signature guides, headsets and input devices for visually impaired voters to independently cast their votes. Chairs and priority voting is provided to individual voters who may not be able to stand in a line to wait to vote. Each polling location has wheelchair accessible voting booths that allow the voting equipment to be lowered to chair height. In the rare and unforeseen circumstance that a polling location is not ble to be made accessible on Election Day, the City is required to apply the Title II Program Accessibility provisions and must provide alternative methods to in-person voting that are effective in making voting accessible while giving priority to those methods that offer voting in the most integrated setting appropriate. The DOJ has identified possible alternative methods including being reassigned to an alternative polling location or curbside voting. Currently, Georgia does not permit curbside voting for citizens with disabilities. Although not required by Title II of the ADA. as part of the self-evaluation of voter access, each polling place was evaluated in relationship to the availability of demand responsive transit services to that facility. Demand responsive transit services provide curb-to-curb service for individuals who cannot use fixed route transit or when accessible sidewalk or bus stop infrastructure is lacking. All current polling places were determined to be within the areas served by Augusta Transit's FTA compliant Complimentary Paratransit services, the Section 5310 Enhanced Transit Services for Seniors and Individuals with Disabilities or the Section 5311 Rural Transit/Richmond County Transit services that go to Blythe and Hephzibah. Additionally, the Richmond County Board of Elections and Augusta Transit worked together to inform voters with disabilities of the availability of public transit services to the polling locations. Expedited procedures for Complimentary Paratransit eligibility for election day transportation services to the polling places were put in place. Transit riders with disabilities were made aware of the availability of feeder paratransit services from bus stops to the polling places in locations where the distance from the bus stop to the polling location or the lack of accessible sidewalks between the bus stop and the polling location creates a barrier for users of fixed route transit services. The paratransit feeder service also provides accessibility in locations where there is not a sidewalk present at the bus stop or connecting the bus stops to the site of the polling facility forcing pedestrians with disabilities to use the shoulder of the road. 6.0 Polling Places and Voting 30 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 7.0 PROW PEDESTRIAN FACILITIES Introduction Accessible sidewalks allow people with disabilities to participate in the community and to access city services and facilities. Where sidewalks are provided, public agencies are required to ensure that continuous, unobstructed and accessible sidewalks are maintained in operable working condition. A formal written process for receiving input from people with disabilities regarding the accessibility of sidewalks, including requests to add curb ramps at particular locations, is required. The ADA does not require installing sidewalks where none exist, but it does require a process for responding to requests for sidewalk maintenance and the addition of curb ramps on existing sidewalks used by people with disabilities. The DOT and GDOT require that pedestrian facilities and pedestrian access to bus stops shall be part of road construction and bus stop pad construction projects. The ADA requires public entities to ensure that facilities which are newly constructed or for which alteration began after January 26, 1992, are readily accessible and usable by people with disabilities. Title II, Subtitle B (implemented by the Department of Transportation) is intended to clarify requirements for public transportation activities, whether or not federal financial assistance is involved. Accessibility requirements for entities that receive federal financial assistance is addressed under Section 504 of the Rehabilitation Act of 1973 and is not limited to the entities' federally funded projects." In 2013, a DOT and DOJ Joint Technical Assistance Memorandum and associated trainings were issued to provide clarification that road resurfacing projects trigger the addition and remediation of curb ramps at all intersections resurfaced when a sidewalk is present. This requirement is applicable whether or not the resurfacing project is federally funded. Further requirements and exclusions may be found in the 2015 Questions and Answers Supplement to the DOT/DOJ Joint Technical Assistance Memorandum that may be found at: www.ada.gov/doj-fhwa-ta-supplement-2015.html The United States Access Board (Access Board) is the federal agency responsible for developing and maintaining accessibility guidelines and standards. The Access Board has developed new guidelines for public rights-of-way. The proposed Public Rights of Way Accessibility Guidelines (PROWAG) have gone through the public comment period and were expected to become enforceable federal regulations in 2017, but have been delayed indefinitely. Both the FHWA and GDOT have adopted PROWAG as best practices. Until PROWAG is signed into law and enforceable, the Department of Justice has left it up to local governments to choose between using either PROWAG or the 2010 ADA Standards as the standards used to meet the requirement that renovated, remediated or new sidewalks, on-street parking and passenger loading area in the PROW are accessible. In addition to these two standards, the DOT ADA Standards and Regulations provide the required standards for the renovation and construction of transit facilities including bus stops. The 2010 ADA Standards, the 2006 DOT ADA Standards and the most current version of PROWAG may be found online at www.access-board.gov. In response to an FHWA request for an ADA Transition Plan of Augusta's sidewalks and bus stops, an ADA Self-evaluation and Transition Plan (SETP) of the Augusta, Georgia PROW pedestrian facilities was competed in 2015-2016 by Cranston Engineering. The 2016 ADA SETP document may be found online at www.augustaga.gov/243/accessibilityADA. The applicable state and federal Accessibility Standards and the 2016 ADA SETP findings are provided in this section of the update. 7.0 PROW Pedestrian Facilities 31 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Public Rights of Way (PROW) Requirements The ADA, 28 CFR (Code of Federal Regulations) 35.151 requires that public entities must ensure that facilities that are newly constructed or renovated after January 26, 1992, are readily accessible to and usable by people with disabilities. Features of the PROW such as public sidewalks, crosswalks, on-street parking and bus stops are considered public facilities and must meet the ADA Standards that are or were in effect at the time they are or were constructed or renovated. Maintenance of PROW Infrastructure Accessibility The ADA includes a requirement that the accessible features of public facilities must be maintained. ADA regulations have been established to ensure that sidewalk accessibility is maintained and improved in conjunction with adjacent road and bus stop projects. The maintenance and construction of bus stop pads triggers the requirement that the bus stop must connect to an accessible pedestrian route including curb ramps. The DOJ and DOT have provided a joint statement that when roads are resurfaced, whether or not federal funds are used for the project, the sidewalks adjacent to the road must have curb ramps that meet the ADA Standards. Budgeting for sidewalk maintenance and the required improvements in accessibility that are triggered by road resurfacing and the installation of bus stop pads is necessary for complying with federal and state PROW requirements. An inspection and maintenance schedule should be established for all public sidewalks. Funding for the maintenance of sidewalks and curb ramps and to respond promptly to complaints/requests for accessibility maintenance should be established. Maintaining Sidewalk Accessibility During Construction Where accessible pathways are blocked or detoured during building or sidewalk construction, safe alternative accessible routes must be provided. These alternative routes should comply with MUTCD for pedestrian access routes by providing barricades and channelizing devices. Construction contracts should include assurances that pedestrians are provided with a safe, continuous, compliant accessible path (or paths) around work sites and separated from traffic. Safe separation of pathways around the work would of course also need to be provided for bicyclists and motorized vehicles; both ADA-mandated and other paths would all need to be maintained throughout the project. Local PROW Ordinances State and local ordinances provide a way to make the public aware of the requirement to manage and enforce the accessibility of sidewalks, bus stops and on-street parking. Local ordinances are becoming increasingly necessary to keep sidewalk pedestrian paths clear of furniture, trash receptacles, bikes and scooters. Access to buses using a ramp or lift at the curb is blocked if cars and vehicles are permitted to be parked in the passenger loading zone at bus stops. Local ordinances can strengthen the enforcement of Georgia State disabled permit parking codes which have a minimum fine of $100 per violation for cars parked illegally in the space or the adjacent access aisle. Disabled residents who must rely upon on-street parking that is in short supply may benefit from a local ordinance that allows them to request a disabled permit space be located in front of their residence to ensure that they can park near their home. 7.0 PROW Pedestrian Facilities 32 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Sidewalk Accessibility The total amount of sidewalk evaluated in the 2016 SETP was approximately 234 miles. During the inventory process, the sidewalks were evaluated in sections. These sections were typically, from intersection to intersection or "block face". When there was a change in the type of sidewalk, missing sections, or extreme condition change a new section would be created in the database to represent this changed condition. Obstructions Figure 7-1. Sidewalk Clearance Width. Obstructions such as furniture and signs that protrude into the pedestrian space reduce the width of the sidewalk or the clearance height of the pedestrian route. A clear width of at least 36 inches must be maintained to provide an accessible path. Street signs and low hanging branches must be kept above a minimum height of 80 inches from the ground. There are many different types of obstructions ranging from movable obstructions to utility posts and fire hydrants. Obstructions such as overgrown shrubbery, seating, bikes, electric scooters and trash receptacles narrow the travel way and create hazards for people with visual impairments and barriers to access for wheelchair users. Construction work that obstructs or closes a sidewalk shall require that an accessible detour or diversion sidewalk and a cane-detectable barrier to restrict pedestrian access be installed. An obstruction that protrudes into a path such as low hanging branches, pole signs or awnings can be hazardous for people with visual impairments due to the difficulty of detecting them. Table 7-1 shows a summary of the fixed obstructions observed on the sidewalks. Table 7-1. Sidewalk Obstructions Observed. Number Percentage of Total Obstruction Type Fire Hydrant 17 6.51% Mail Box 2 0.77% Pedestrian Signals 4 1.53% Sign 11 4.21% Other 4 1.53% Utility Pole 204 78.16% Tree 19 7.28% Total Fixed Obstructions 261 100.00% Figure 7-2. Utility Pole Obstruction 7.0 PROW Pedestrian Facilities 33 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Changes in Level (Heaves) The smoothness and levelness of sidewalk surfaces has a significant impact on sidewalk accessibility. People who use wheelchairs, crutches, canes, or walkers are particularly sensitive to tripping hazards. Abrupt changes in level can be painful or inaccessible for those individuals who utilize wheel chairs or other mobility devices. People with mobility impairments need a stable and regular surface that is unimpeded by large cracks or changes in the level of sidewalks. Figure 7-3. Maximum Vertical Height Changes. Changes in level are defined as vertical height transitions between adjacent surfaces or along the surface of a path. Changes in level caused by raised sections of sidewalk are referred to as heaves. These heaves can be up to .25 inch before remediation is necessary. Heaves larger than 0.25 but less than 0.5 inch can be ground to a 1: 1 slope. Any heaving greater than 0.5 inch should be ground or patch repaired to a level that does not exceed 8.33%. Heaving can affect different kinds of sidewalk surfaces. Concrete sidewalks are more rigid and whole panels usually move as separate units creating problems at joints. Asphalt is less rigid than concrete allowing the surface to deform more in response to heaving. This can lead to an uneven surface caused by deformities and cracking of the asphalt. For the purpose of the SETP, a section of sidewalk is defined as the length of sidewalk between two intersections. The inventory analysis shows that there are 897 sections of sidewalk that have a vertical cracks more than 0.25 inch. Table 4-2 illustrates the amount of sidewalk sections that have areas of large vertical cracking. Table 7-2. Raised Sections Observed. Vertical Crack Total# of Height Sections 0.25" -0.5'' 148 0.5"-1" 115 .75" -1" 63 >1"571 Total 897 Figure 7-4. Heaving/Raised Sidewalk. 7.0 PROW Pedestrian Facilities 34 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Grade (Running Slope) Steep grades pose a barrier for many pedestrians with mobility impairments, but can be dangerous for wheelchair users. Grade or running slope is defined as the slope parallel to the direction of the travel way. It is calculated as a percentage of vertical change divided by the horizontal distance. The grade of the sidewalk affects the speed and braking control of powered or manual chairs and excessive slope makes a pedestrian route inaccessible for manual wheelchairs. Table 7-3 provides the percentage of sidewalks at various grades across 233.8 miles of sidewalks. Unless the result of topography, sidewalk slopes may not exceed 5%. Under certain conditions, the city is limited by site constraints for construction and remediation of sidewalk and curb ramps that can meet ADA Guidelines. Figure 7-5. Steep Grade due to Topography. In these instances, the slope of the accessible pedestrian route may exceed the maximum allowable slope of 5% because of topography, but the slope of the sidewalk must not exceed the grade of the roadway. Installing level landings at incremental distances is one way to improve the accessibility of steep sidewalks due to topography. Wider sidewalks allow wheelchair users to travel in wide arcs to reduce their speed or reduce the effort required and are considered best practice. Table 7-3. Grades Observed. Grade Category Length in Miles Percentage of total Passing < 5.0% 193.9 82.94% 5.1%-8.33% 30.6 13.08% 8.34%-10% 5.0 2.14% 10.1 % -12.5% 2.4 1.03% 12.6% + 1.9 0.82% Total 233.8 100.00% 7.0 PROW Pedestrian Facilities 35 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Cross Slope Cross slope is defined as the slope that is measured perpendicular to the travel way. This percentage is defined by calculating the percentage of vertical change divide by the horizontal distance. The ADA requires that sidewalk cross slope may not not exceed 2%. Excessive cross slope is a concern for pedestrians who use scooters, wheelchairs, walkers, or crutches. The excessive cross slope requires a pedestrian with a mobility device to use extra strength to fight the slope and increases the risk of tipping the device over. The results of the survey are shown in Table 7-4. This table shows that only 46.5% of the sidewalk sections evaluated meet the accessibility standards for cross slope. Table 7-4. Cross Slopes Observed. Cross Slope Percentage of Category Length in Miles Total Passing< 2% 108.7 46.50% 2.1%-4% 80.8 34.54% 4.1%-6% 27.9 11.94% 6.1%-8% 7.8 3.32% 8.1%-10% 4.2 1.79% 10.1% + 4.5 1.92% Total 233.8 100.00% Figure 7-6. Steep Cross Slope. Figure 7-7. Cracked and Failing. Figure 7-8. Overgrown Vegetation. 7.0 PROW Pedestrian Facilities 36 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Curb Ramp Accessibility This section presents the findings of approximately 4,746 missing and existing curb ramps. Well-built and placed curb ramps improve the connectivity and make sidewalks accessible to more people. They also improve the safety of citizens by allowing easy access to the sidewalk for pedestrians. When curb ramps are not present, people who use wheel chairs are not able to access the PROW facilities. Title II of the ADA requires state and local governments to make access at road crossings accessible to people with disabilities by installing curb ramps. These curb ramps should comply with PROWAG and GDOT design standards for width, slopes, placement and other attributes. Per GDOT Design Policy Manual, grades steeper than 12.5% on a curb ramp cannot be used by most pedestrians with disabilities. Likewise, steep gutter slopes can make it difficult or impossible for a person in a wheelchair to make the transition between the ramp and the street. Missing/Existing There are two categories of curb ramps missing and existing. At each of the 3,214 existing curb ramps, a field technician evaluated it for 12 different attributes. The categories included grade, cross slope, flares, transitions, landing panels, and detectable warnings as described in the ADAAG guidelines. Figure 7-9. Missing Curb Ramp. An additional 1,533 curb ramps were captured during the PROW evaluation. The locations of the missing ramps were geographically located along routes already included in the survey. The ability to quantify the amount and immediate need for each of these missing ramps locations will be a step used in the transition planning for upgrading the areas that need PROW facilities. Gutter Lip and Obstructions The gutter lip is the transition between the curb ramp gutter and the road. This transition from road to ramp should be flush and free of level changes and cannot have a vertical crack of more than 0.25 inches. Large vertical changes can cause the front caster of a wheel to impede the momentum needed to propel a wheelchair up a ramp. The survey found 365 ramps with gutter lip transitions that had more than 0.25-inch gap. Other obstructions found during the survey included vertical and horizontal obstructions. These type of obstructions included utility poles, 7.0 PROW Pedestrian Facilities Figure 7-10. Uneven Gutter Transition. 37 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 cracks in the curb ramp from heaving and items protruding into ramp or other obstructions that make the ramp hard to traverse. There were 178 ramps with these type of failings. Grade (Running Slope) adjoining surface maximum slope 20 ,.,_. ___ 1 -,----J ( z � curb ramp slope Grade or running slope is measured parallel to direction of travel. ADAAG requires ramp grade to measure 8.33% or less for all ramps and a running slope of no more than Figure 7-11. Ramp-Gutter Transition. 5% for any adjoining gutter. When one or the other is more than the recommended amount the transitional point becomes impossible to maneuver and can cause wheel chair wheels to become stuck. Therefore, both DOT and DOJ require that curb ramps that have excessively steep slopes, must be remediated to meet the standards for accessibility when they are are within the intersections of a road resurfacing or improvement project. Table 7-5 provides a summary of the results from the survey for both ramp and gutter grade. This summary shows 963 ramps are steeper than the recommended 8.33% and 1,215 gutter transition greater than the required 5% slope. Table 7-5. Curb Ramp Slopes Observed. Running Slope Value Ramp Gutter 5% or Less 1297 1999 5.1% -8.33% 954 666 8.34%-10% 400 227 10.1 % -12.5% 302 166 12.6% + 261 156 Total 3214 3214 Cross Slope Cross slope is measured for the ramp gutter and ramp panel. It is measured perpendicular to the path of travel. Excessive cross slope can decrease the stability for disabled pedestrians and increase the risk of tipping over. The required cross slope for a curb ramp is no more than 2%. Excessive cross slopes must be remediated to meet the standards for accessibility when they are within the intersections of a road resurfacing project. Table 7-5 summarizes the number of failing ramps for both gutter and ramp cross slope. There were 1717 ramp cross slopes found non-compliant with an additional 1181 gutter cross slopes found to be non-compliant. 6.0 PROW Pedestrian Facilities 38 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Table 7-6. Curb Ramp Cross Slope. Cross Slope Ramp Gutter 2% or less 1496 2032 2.1% -4% 834 702 4.1 % -6% 467 283 6.1 o/o -8% 228 106 8. 1 o/o - 1 0%95 56 10.1 o/o + 93 34 Figure 7-12. Non - Compliant Curb Ramp. Detectable Warning Surfaces Detectable warning surfaces (DWS) are raised tactile warning system placed on curb ramps to give sight impaired pedestrian a visual and tactile cue that they are about to enter a street. Detectable warning devices are required on all curb ramps at street intersections and on curb ramps that are part of transit facilities. DWS may be used on curb ramps at other locations. DWS must line up with each of the crosswalks unless existing physical constraints require a single diagonal DWS. The current standard for detectable warning devices consist of a highcontrast color panel with truncated domes. DWS are located on the sidewalk curb ramps adjacent to the street gutter or shoulder. DWS must measure a minimum of 24" deep from the back of the curb. and should be the full width of the curb ramp. DWS are only required at public streets and not required where the sidewalk crosses a driveway. DWS are required on all curb ramps at bus stops and in parking lots of transit facilities. The survey team found 1,289 curb ramps that were non-standard because they did not have a detectable warning system in place and found 44 of the 1,924 curb ramp DWS' to be in poor condition or not up to current standards for contrast or detectability. 7.0 PROW Pedestrian Facilities Figure 7-13. Detectable Warning Surface. 39 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Ramp Flare Slopes Ramp flare slopes are located on either side of a ramp to help mitigate the transition between the ramp and the sidewalk. Ramp flares are not required on curb ramps when the transition from the sidewalk to the ramp is not excessively steep and the ramp is sufficiently wide. Ramp flare slopes greater than 10% are considered non-compliant. Of the 1,478 curb ramps that had flare slopes, 855 were found to be non-compliant. Curb Ramp Assessment Results Table 7-7 shows the attribute surveyed for all 3214 existing curb ramps. It provides a summary for the number of ramps that were found to have attributes non-compliant and the percentage of ramps non-compliant. Table 7-7. Curb Ramp Assessment Results. Curb Ramp Feature Number Percentage Non-Compliant Non-compliant Gutter Lip 365 11.36% Other Obstructions 178 5.54% Ramp Running Slope 963 29.97% Gutter Running 1215 37.82% Slope Ramp Cross Slope 1717 53.44% Gutter Cross slope 1181 36.76% Detectable Warning 1289 40.12% Surfaces Ramp Flare Slope 855 57.85% (1478*) Ramp Landing Slope 227 7.07% Ramp Width 28 0.87% * number of ramps with flare slopes Ramp Landing Panel The ramp landing panel is the level area located at the top of a ramp that aligns with the sidewalk. They are level transitions from the sidewalk to the ramp. They should have a minimum size of 48 inches and are required at all ramp transitions. They are used to allow the pedestrians to orient themselves either to continue on the sidewalk or to cross the street and should be flat as possible. The survey team found of the 3,213 curb ramps reviewed that 715 had landing panels that were non-compliant. 7.0 PROW Pedestrian Facilities 40 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Figure 7-14. Missing Curb Ramp. Figure 7-15. Blocked Curb Ramp. Accessible Pedestrian Signals Title II of the ADA requires state and local governments to make pedestrian crossings accessible to people with disabilities. Pedestrian signals must be accessible to persons who are in wheelchairs or visually impaired. Pedestrian signals are used to provide indicators to allow for safe crossing of pedestrians with visual or non-visual impairments. Audible pedestrian signals are required near services and facilities that are used by persons with visual disabilities. Pedestrian signal timing may need to be extended to permit extra time for individuals with disabilities and seniors to safely cross the intersection. Signals near medical services, disability services and senior housing should be evaluated to determine if sufficient time to clear the intersection is provided to these pedestrians. To evaluate compliance with accessibility requirements, the following attributes were reviewed: the presence of call buttons and at the correct height, the location of the call button in relation to the pedestrian way, and if the signal had an audible tone. 7.0 PROW Pedestrian Facllltles 41 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Pedestrian Signal Assessment During the PROW self-evaluation survey, 619 pedestrian signals were reviewed for certain attributes about the pedestrian signal. The 619 pedestrian signalizations represent approximately 131 signalized intersections throughout the City. Other types of signalized pedestrian crossings were included in the assessment that do not occur at traditional intersections, i.e. mid-block crossings. Table 7- 8. Pedestrian Signal Results. Number Non-Percentage Number Standard Non-Standard 619 251 40.55% Signal Feature Button Height Audible 619 547 88.37% Distance to Back of Curb 619 159 25.69% Distance to Back of Walk 619 266 42.97% The signalized intersections can be broken down into two major types, those with call buttons or those without. The different type was noted in the assessment with those with push buttons identifying and assessing the components for each signal location. The survey assessed 519 signalizations with call buttons and 81 without out buttons. Pedestrian Signall Assessment Results The features assessed and scored from section 4 included the height of the push button, if it had an audible assist, and location of the call button. The summary in Table 4-9 provides information on the number of noncompliant signals for each type of attribute. The locator tone or audible is a recommended requirement that should be used on all new or refitted signalization. There are a limited number in use on pedestrian signals in the city; most are located downtown on Broad Street. 7.0 PROW Pedestrian Facilities Figure 6-16. Call Button Too Far Away. 42 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Accessible On-street Parking On-street accessible parking allows people with disabilities who are impaired in their ability to walk to work, shop, dine and enjoy entertainment in their community. Both GDOT and the FHWA have adopted PROWAG. It should also be adopted at the local level. PROWAG ensures that sufficient onstreet parking is provided and that it is safe and accessible. Federal and State accessibility standards require that each permanent on-street accessible parking space must be designated by a blue reflective sign with the International Symbol of Accessibility (ISA) posted a minimum of 60 inches from the ground and be adjacent to a curb ramp. The 2016 survey identified 57 accessible parking spaces throughout the city. These were identified by either paint or sign as a space that was intended to be accessible designated parking. Items that were reviewed in the survey included the type of parking, the presence of a parking sign with the ISA and curb ramp at the space, access aisle, slope of the space, any obstructions and the condition of the road, gutter and ramp surface. Table 7-9 shows the results of the accessible parking survey. Table 7-9. Accessible On-Street Parking Survey Results Number Accessible Parking Attribute Non-Standard Percentage Access Isle 2 3.51% Poor or No Markings 19 33.33% Obstructions 2 3.51% Slope 18 31.58% Sign 16 28.07% Ramp so 87.72% Total number of Accessible Parking Spaces = 57 Figure 7-17. ISA Sign. Figure 7-18. No Marked Access Aisle. Figure 7-19. No Curb Access. 7.0 PROW Pedestrian Facilities 43 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 The required number of marked or metered accessible spaces is shown in Table 4-11. PROWAG scoping requirements are based upon the total number of parking spaces on the perimeter of a block face. Parallel parking must be placed nearest intersection curb ramps. Angled parking must have an access aisle and curb ramp as shown in Figure 4-20. The access aisle must be locate on the passenger side of angled van accessible spaces. It is recommended that all single angled accessible spaces be designated as van accessible and half of all double spaces. Table 7-10. Minimum Number of Accessible On- Street Parking Spaces. Total Number of Marked or Metered Parking Spaces on Minimum Required Number of Accessible the Block Perimeter Parking Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 and over 4% of total Twenty-four on-street accessible parking spaces were added on Broad Street in 2018- 2019, bringing the total number on Broad Street to 37. Spaces were located at the beginning of each block and 2 were added at the Augusta Common. Thirteen accessible spaces were added to Greene Street in 2018 - 2019. An audit of the number of spaces on all streets from 5th to 15th and on Ellis Street is planned for 2020 to determine the number of accessible spaces needed . Figure 7-20. Accessible Angled On - Street Parking Spaces with Aisle and Ramp. 7.0 PROW Pedestrian Facilities 44 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Bus Stop Accessibility As public facilities, bus stops must be accessible and connect to accessible sidewalks, pedestrian ways or streets. Sidewalks are not required to be installed at bus stops or pads, but the lack of a sidewalk forces wheelchair users to travel in the road and board from the road. If the connecting pedestrian route is not accessible due to a lack of maintenance or sidewalk curb ramps are non-compliant or missing, it must be remediated. Two compliant curb ramps should be provided to provide access to bus stops near key facilities such as government services, parks, retail establishments, health services and downtown. Federal Accessibility Standards require all bus stops to have a firm and stable surface. The boarding and alighting area connects the bus stop to the curb and shall be a minimum of 96 inches in length perpendicular to the roadway and a minimum of 60 inches wide parallel to the roadway. The boarding and alighting area shall have a smooth and stable surface and a slope perpendicular to the roadway of not more than 1 :48. Concrete bus stop pads are only required where a sidewalk exists. If installed where there is no sidewalk, the bus stop pad must include a center level boarding area and two (2) curb ramps that provide access to and from the shoulder of the road. The 2010 ADA Standards, GDOT and the FTA/DOT ADA Standards provide the accessibility requirements for the design of bus stops and bus stop signs. Table 7-11 summarizes the amount of non-standard features for the 76 bus stops with shelters surveyed. The GDOT Design Policy Manual states requires that Transit accommodations shall be considered in all planning studies and be included in all reconstruction, new construction, and capacity-adding projects that are located in areas with any of the following conditions: 1.transit vehicles: on corridors served by fixed-route transit; and 2.pedestrian transit users: within a %- mile pedestrian catchment area of an existing fixedroute transit facility (i.e., stop, station, or park-and-ride lot). A catchment area is defined by a radial distance from a transit facility per Federal Transit Administration (FTA) guidelines - this includes crossing and intersecting streets. Table 7-11. Sheltered Bus Stop Results. Number Percentage Feature Non-Compliant Non-Compliant Boarding Area 46 60.53% Boarding Condition 16 21.05% Boarding Access 33 43.42% Shelter Access 36 47.37% Slope 15 19.74% Bench 72 94.74% Total Number of Bus Stop with Shelters = 76 Figure 7-21. No Boarding Access. 7.0 PROW Pedestrian Facilities 45 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 ,r-60 min v I 1525 1 r-----, I I I I I I I I I I I I I -==:&-I curb or vehicle roadway edge ·-' t:. �--------=-------� Figure 7-22. Dimensions of Bus Boarding and Alighting Areas Bus shelters must provide a minimum 32" wide entrance and a clear floor area of 30" by 48" for a wheelchair under the shelter. Benches must not block the clear floor space. Trash receptacles, utility poles, and signs must not block the accessible route from the sidewalk to the bus shelter or to the boarding and alighting area. The FTA ADA Standards require bus stop boarding and alighting areas to be connected to streets, sidewalks, or other pedestrian paths by an accessible route. Curb ramps to and from the shoulder of the road must be provided if a sidewalk is not present. Bus stop signs must meet the visual standards of the 2010 ADA Standards and FTA ADA Standards for contrast and letter height and must be installed at a minimum height of 80". =BENCH = � I I � 32" --1 �32" --1 Figure 7-23. Accessible Bus Shelter 7.0 PROW Pedestrian Facilities 46 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Bus Stops Without Shelter The other type of bus stop reviewed during the survey was bus stops with no shelter. Bus stops without shelters are required to meet the same requirements for access to and from a boarding and alighting area that is firm stable and meets the 2010 ADA Standard. Table 7-12 summarizes the findings from the review of 512 bus stops with no shelter. Table 7-12. Non-Sheltered Bus Stop Results. Number Non-Percentage Non· Feature Compliant Compliant Boarding Area 476 92.97% Boarding Condition 276 53.91% Boarding Access 205 40.04% Slope 78 15.23% Bench 6 1.17% Total 512 Figure 7-24. No Access. In 2006, FHWA found the sidewalks in the City of Augusta to be non,;.compliant with the DOT regulations for sidewalk and bus stop accessibility. FHWA subsequently requested the submission of an ADA Self-evaluation and Transition Plan to include a survey of the accessibility of sidewalks and bus stops and a timeline for remediating deficiencies. Recent DOJ Project Civic Access settlement agreements have required municipalities to allocate 50% of all funding for PROW improvements to improving access to public transit. In 2015, the Augusta Commission approved $650,000 in SPLOST funding for improving bus stops with shelters, ADA compliant bus stop pads, benches and lighting and additional $2 million to fund sidewalk accessibility remediation. In 2019, twenty-five bus stops near public services and medical services received new concrete pads. All new bus pads connect to the existing sidewalk or additional accessible sidewalk was added to provide an accessible route to and from the bus stop. All newly constructed bus stop pads have an ADA compliant loading area that connects the bus stop pad to the street curb. ADA compliant bus shelters with benches are to be replaced at 17 of these bus stops that had nonaccessible shelters or lacked shelters. All new bus shelters ordered will provide a minimum of 30" x 48" of clear wheelchair space under the shelter. Funding for additional bus stop shelters and ADA compliant bus stop and boarding pads is a priority. New high visibility ADA compliant bus stop signs have been designed and will be installed in 2019. The signs include high contrast lettering, and the words "Bus Stop" and the route numbers will be a minimum of 2 inches tall to provide improved visibility at a distance. In addition to the accessibility requirements for bus stops, the FTA requires all fixed-route buses to have ramps or lifts and be wheelchair accessible. When sidewalks or bus stops are not accessible, wheelchair users and visually impaired citizens who would otherwise be able to independently use the regular schedule-based fixed route bus service are forced to use the more expensive Paratransit Service. 7.0 PROW Pedestrian Facilities 47 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Figure 7-25. No Access to Sidewalk or Bus Stop. Figure 7-26. Worn Path. Figure 7-27. No Access to Bus Stop. 7.0 PROW Pedestrian Facilities In addition to accessible fixed-route bus services, Augusta Transit provides on-demand transit service to persons with disabilities through FTA mandated Complimentary Paratransit Services within 3/4 miles of all bus routes. FTA grant funded Rural Transit Services in South Richmond County areas outside of the regular fixed-transit and paratransit service areas must also be accessible to persons with disabilities. Need for Sidewalk When sidewalks are missing or incomplete, disabled pedestrians are forced to travel on the shoulder or turn around or find an alternative route. When sidewalks are absent transit riders who use wheelchairs must reach the bus stop using the road shoulder. On busy corridors, a lack of continuous accessible sidewalks creates a dangerous and potentially deadly situation. According to AASHTO Policy on Geometric Design of Highways, "Providing safe places for people to walk is an essential responsibility of all government entities involved in constructing or regulating the construction of public rights-of-way." The ADA does not require a sidewalk to be installed where there is no sidewalk, but it does require that if a sidewalk is present, it must be made accessible. The FTA ADA Standards do not require that a sidewalk be installed at bus stops, but it does require that sidewalks present at bus stops must connect to the bus stop and be accessible in both directions to provide equal access to the public transportation service. 48 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 8.0 PROW Barrier Removal Plan Introduction The transition plan provides a guide to eliminate barriers present in the public right of way. This consists of a barrier removal plan that provides criteria for prioritization, cost estimate, project grouping, and a schedule of completion. This transition plan is not intended to be a static document. There will be necessary changes, upgrades, and priority adjustments as demand and budgets allow. The transition plan should be monitored and updated annually to reflect changes in funding, project scope and timelines. The Barrier Removal Plan outlines how to prioritize areas, group and schedule projects, and maintain a living database. This plan is the culmination of the work done in the field, public involvement, and city staff input. The intent of the plan is to provide a guide for the city to prioritize remediation of non-compliant facilities. Criteria for Prioritization The federal requirement to bring pedestrian facilities into compliance with the current federal accessibility standards whenever a road is resurfaced or whenever pedestrian and transit facilities are renovated or constructed applies to all PROW projects regardless of whether project funding is federal, state or local. Priority 1 - Public Requests Priority 1 will be to accommodate requests by individuals with disabilities for the remediation of sidewalks and bus stops. Title II of the ADA requires the remediation of public sidewalks and bus stops as a request for a reasonable accommodation by individuals. These requests should be accepted and evaluated by the ADA Coordinator on a case-by-case basis. If determined to be a reasonable accommodation to enable a person with a disability to access public transportation, public services or public accommodations (private businesses), they should be remedied as soon as possible. Funding to support promptly responding to citizen complaints of inaccessible public services due to inaccessible public sidewalks or bus stops should be established. Priority 2 - Public Access to Government Services Priority 2 includes identified inaccessible sidewalks, pedestrian signals and bus stops that create barriers to public transit and public services, public programs, medical services, veterans services and employment. Title II of the ADA and Department of Justice and Department of Transportation settlement agreements have consistently required Title II entities to make the accessibility of sidewalks, curb ramps and bus stops that provide access to public transportation and government services a priority for remediation. Priority 3 - High Volume/High Barrier Areas Based on the scores received from the barrier ranking analysis, these sections have high activity scores and/or high barrier ranking scores and make up about 30 percent of the total 8.0 PROW Barrier Removal Plan 49 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 surveyed area depending on category. These areas have the highest potential to provide accessibility for the largest number of citizens of the City of Augusta. They include the downtown area and areas near schools. The Priority 3 study areas as ranked by barrier score based upon the 2016 SETP along with the projected budgets and project start dates is provided in Appendix A. Additional projects will be added as they are funded. Costs, Funding and Implementation Costs The costs shown in Table 8-1 are direct costs and include labor, material, and equipment. These numbers are used to provide a guide for estimation only. Every repair, replacement, or new feature contains its own unique site specific needs. The estimated unit cost numbers were compiled from 2016 - 2019 Augusta Engineering Department Invoices and the 2016 SETP. The 2019 cost for the renovation of bus stop pads ranged from $9,161 - $14,358 per pad including removal of shelter, demolition of old pad, installation of a minimum 6' x 11' pad connected to both the sidewalk and curb. At some locations, remediation of sidewalk accessibility including curb ramps was included. Table 8-1. Construction Cost Estimates Facility Type Cost Unit Curb Ramp Description ADA Curb Ramp Each Estimated Cost $1950.00 Curb Ramp Repair Existing Curb Ramp Each $800.00 Curb Ramp Add Domes to Existing Ramp Each $475.00 Cross Walk Striped Crosswalk LF $12.00 Sidewalk 4" Concrete Sidewalk (new) SY $66.00 Sidewalk Concrete Demolition CY $387.00 Bus Stop ADA Compliant Bus Stop Shelter Each $6,000.00 Bus Stop Pad ADA Compliant Concrete Pad Each $10,000.0C Features not included in these estimates because of variability and the minimal amount of features present are utility pole movement from sidewalks, additional accessible parking or repair to accessible parking, and pedestrian railroad crossing facilities. There are specific sites that include these items and will need to be coordinated/accounted for when these projects are selected for repair. A 30% contingency cost was added to the projected budgets of all upcoming PROW projects listed in Appendix A. The contingency consists of the cost of mobilization, general conditions, overhead and profit. the contingency does not include the cost of engineering design, right-of-way acquisition or other costs that may arise in conjunction with projects. Funding Funding sources for completing the remediation projects needed to bring Augusta-Richmond County public facilities into compliance with the ADA may include departmental budgets, county-wide budgets, state and local taxes and federal grants. 8.0 PROW Barrier Removal Plan 50 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 8.0 PROW Barrier Removal Plan 51 Planning and Development Linked Some jurisdictions have passed local ordinances that require sidewalk improvements or curb ramp construction when the dollar value of a remodel project on a building exceeds a certain amount. New development can be required to include sidewalks and curb ramps. Fines collected for ADA parking violations can be used towards sidewalks and parking accessibility. Developer Impact Fees New developments place a strain on existing public facilities. Developer impact fees are paid by developers to help cover the costs resulting from new construction and can be used to fund pedestrian right-of-way improvement projects. Special Local Option Sales Tax (SPLOST) In November 2015, voters approved a local sales tax to provide $122,650,000 in funding for infrastructure and facility improvements in Augusta-Richmond County. These SPLOST 7 projects included funding for road resurfacing, ADA remediation projects including sidewalk remediation, ADA compliant bus stop pads and the remediation of accessibility at recreational facilities. SPLOST funded pedestrian improvements are identified in Appendix A.SPLOST 8 projects are currently being identified and will be voted on in November 2020. Georgia Transportation Investment Act (TIA) In 2012, voters approved a 10-year one percent sales tax to fund regional and local transportation improvements. Prior to the vote, projects were selected for each region’s Approved Investment List. Seventy-five percent of collected revenue in each region is used for construction of these projects. The remaining 25% is disbursed monthly to the regions’ governments for discretionary use on other local transportation-related efforts. Approved Investment List projects are divided into three delivery bands. Projects must be in construction by December 31 of the last year in each band: Band 1— 2013 to 2015, Band 2 — 2016 to 2019 and Band 3— 2020 to 2022. Current TIA Projects that include pedestrian improvements are identified in Appendix A. New TIA projects for 2023 - 2032 are currently being identified and approved. The 10-year sales tax to fund these project will be voted on in November 2021. Transportation Alternatives Grant (TA) The TAP grant is annual Federal grant funding to be used to improve pedestrian safety, pedestrian facilities, and pedestrian and transit accessibility. The state DOT allocates these federal funds to the local MPO. The ARTS-MPO TAP grant has been awarded to fund local projects such as the remediation of the sidewalks on Walton Way, James Brown Blvd and Kissingbower Road. The grants require a 20% local match. Accelerating Innovative Mobility (AIM) Federal challenge grants which promote innovation and interagency coordination across the DHS and FTA programs that may fund transportation services for people with disabilities, older adults and individuals of low income. Selection criteria will include innovation and encourage exploring new service models to provide more efficient and frequent transportation services in both urban and rural areas. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 8.0 PROW Barrier Removal Plan 52 Transportation Equity Act for the 21st Century (TEA-21) Federal funds with specific set asides for pedestrian related projects. Most of the major categories of funding in TEA-21 can be used to build or retrofit sidewalks, crosswalks, and other accessible pedestrian facilities such as trails. There are also specific targeted subcategories of projects. These funds are available through the federal Department of Transportation. Fixing Americas Surface Transportation Act Grants (FAST) The FAST Act funds surface transportation programs—including, but not limited to, Federal-aid highways—at over $305 billion for fiscal years (FY) 2016 through 2020. It is the first long-term surface transportation authorization enacted in a decade that provides long-term funding certainty for surface transportation. This summary reviews the policies and programs of the FAST Act administered by the Federal Highway Administration (FHWA). Surface Transportation Block Grants (STBG) The FAST Act eliminates the MAP-21 Transportation Alternatives Program (TAP) and replaces it with a set-aside of Surface Transportation Block Grant (STBG) program funding for transportation alternatives (TA). These set-aside funds include all projects and activities that were previously eligible under TAP, encompassing a variety of smaller-scale transportation projects such as pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements such as historic preservation and vegetation management, and environmental mitigation related to stormwater and habitat connectivity. State STBG funds may also be available for other projects. Community Development Block Grants (CDBG) CDBG funds may be used for the acquisition, construction, reconstruction, rehabilitation, or installation of public improvements or public facilities. “Public improvements” includes, but is not limited to, streets, sidewalks, water and sewer lines, and parks. CDBG funds are grants from the federal Department of Housing and Urban Development and are usually allocated at the county or city level. CDBG funds have been used for curb ramp construction by local jurisdictions for many years. Funds can be set aside for specific improvements or be associated with larger projects. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Implementation Schedule The ADA Title II regulations state that if a transition plan will take more than 1 year to fully implement, it must contain interim steps towards compliance and must provide program accessibility. Priority 1 requests for the removal of barriers by persons with disabilities should be evaluated and addressed in a timely manner as any citizen complaint would be. The remediation of curb ramps on public sidewalks must be included in road resurfacing budgets. The remediation of facility parking, entrances and interior paths of travel to primary function areas must be included in the project whenever a parking lot or facility is renovated. The remediation of bus stops and the connectivity of the bus stops to the curb and an accessible sidewalk must be included in all bus stop renovation and construction projects. A detailed barrier removal plan for completing Priority 2 projects identified in the ADA Transition Plans should be developed as soon as possible. The ADA Coordinator, the Augusta Engineering Department, the Central Services Department and the Augusta Transit Department will need to work together to establish a plan with project scopes, budgets and timelines for each of the remediation projects. The City should provide the public with accessibility maps that show the locations of accessible pedestrian routes for its citizens to allow them to navigate the public-rights-of-way and access the transit system. These may be online or paper-based, but must be made available in alternative and accessible formats and updated regularly. Government services, polling places, bus stops and high priority business areas should be considered first when making accessibility maps. Figure 7-2 shows a Hot Zone Map of the curb ramps and sidewalks within the County and an inset of the downtown business district. It can be seen that the majority of the hot zones are grouped in the downtown area. Updating and Monitoring An initial ADA Self-Evaluation of the PROW features was completed in 2016 and submitted to the GDOT ADA Coordinator in 2018. Beginning in 2019, the GDOT ADA Coordinator will require the submission of an annual ADA Transition Plan Update that shows the schedule and budgets for making the PROW pedestrian features compliant with the accessibility requirements of the ADA. A primary function of the ADA Coordinator is to ensure that a barrier removal plan schedule is developed, implemented and update as required by Title II of the ADA and the FHWA. It is critical that a liaison between the ADA Coordinator and the Augusta Engineering Department be maintained to ensure that the PROW remediation projects are tracked, the annual Transition Plan Update is accurate and to provide accountability for allocated funds. It will be critical that the Engineering Department staff should not only ensure that the currently adopted federal and state design standards for accessible features are being followed for all PROW improvements, but that they are being constructed properly on all projects. The additional monitoring of the construction activities and the updating of the features in the GIS database as they are completed will ensure the effectiveness and full compliance of the transition program. 8.0 Funding and Implementation 53 DRAFT I '· /;,el_....,.. ' ! .. ... ., .. r ....... \ \ 8,500 4,250 0 .,_ .... 8.500 -.' 17,000 ... '� '\ .. 25.500 Feet Sources. ·Esri, HERE. Oelorme, USGS. lntermap, mcrement P Corp .• NRCAN, Esri. Japan, METI Esri China o,-iong Kong), Esn {Tha.ltand), TomTom, Mapmylndia, 0 OpenStreetMap contrlbutors':and the GIS User Community 54 ADA Self-Evaluation Hot Zone Map (2016) """'1111'"'1..-.::�-... Downtown Business District Curb Ramp Existing Sidewalk • • • Cold Spot -99% Confidence --Cold Spot -99% Confidence Cold Spot -95% Confidence Cold Spot -95% Confidence Cold Spot -90% Confidence --Cold Spot -90% Confidence Not Significant Not Significant Hot Spot -90% Confidence Hot Spot -90% Confidence Hot Spot -95% Confidence --Hot Spot -95% Confidence Hot Spot -99% Confidence -Hot Spot -99% Confidence Figure 8-1 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 9.0 Public Meetings and Comments 55 9.0 Public Meetings and Comments Public Meetings Public Meetings will be scheduled after a draft copy of the ADA Transition Plan Update 2020 has been uploaded to the Augusta, Georgia website. The public and local disability advocacy organizations will be notified of the meeting details through a press release, website notices and inclusion in the City of Augusta event calendar. Meeting Format Carole Burrowbridge, ADA Coordinator for Augusta-Richmond County, will present and provide handouts of a Power Point Presentation. The presentation handout will be available in alternative formats. An overview of the ADA, Augusta-Richmond County's progress in meeting the requirements of the ADA and a list of recent and future ADA, transit and sidewalk remediation projects will be provided. Attendees will be provided an opportunity to submit comments and to submit their priorities for remediation. During the review seven comments were received all of which reference locations of ADA deficiencies. These comments have all been provided to the Augusta Engineering Department to address the items of concern. A copy of the Affidavit of Publication, Public Notice Listing, and all comments received can be found in Appendix G. Adoption of Final SETP by City of Augusta Commission The final SETP is scheduled to be presented to the City of Augusta Commission for adoption on December 13, 2016. Review Summary of SETP with City of Augusta Commission Presentation to City commission by Cranston Engineering Group on April 19, 2016. Draft SETP Public Comment Period Public Review period held from September 14, 2016 to October 26, 2016. The draft report was published for viewing at the following locations: 1.City of Augusta ADA Website: http://www.augustaga.gov/243/ADA 2.Augusta Library Headquarters, 823 Telfair Street, Augusta, Georgia 3.Diamond Lakes Library Branch, 101 Diamond Lakes Way, Hephzibah, GA 30815 4.Friedman Library Branch, 1447 Jackson Road, Augusta, Georgia, 30909 5. Clerk of Commission’s Office, Suite 220, Municipal Building, 535 Telfair Street, Augusta, Georgia. 6. Compliance Department, Suite 710, Municipal Building, 535 Telfair Street, Augusta, Georgia. DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 9.0 Public Meetings and Comments 56 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 9.0 Public Meetings and Comments 57 DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Appendix A : PROW Barrier Removal Plan Appendix A PROW Barrier Removal Plan F-1 DRAFT DRAFT DRAFT DRAFT DRAFT Appendix A - PROW Facilities Study Area 12 Hickman from Meiggs -Summer Ridge 113.27 No $246,766.00 I Study Area 86 James Brown Reconstruction 112.64 Yes $810,418.00 2018 Study Area 11 Baker from Walton Way -McDowell 112.57 No $218,680.00 Study Area 76 Central from Wilson-15th Street 111.75 No $254,284.00 Study Area 7 Summer from Laney Walker -Hopkins 110.77 No $91,450.10 Study Area 59 Clark from Division -Westview 109.71 No $257,342.00 Study Area 84 Druid Park Avenue 108.92 Yes $181,450.00 2018 j Study Area 34 Wheeler from Highland -Royal 108.20 No $312,578.00 Study Area 56 Heard from Bransford -Russell 107.89 No $425,102.00 ! Study Area 19 Broad Street Improvements 107.59 Yes $1,635,240.00 2022 Study Areal Arsenal near McDowell 107.33 No $251,659.00 I Study Area 1 Wrightsboro from Mill -McCauley 107.28 No $320,184.00 Study Area 77 Central from Craig -Hiclanan 107.13 No $411,972.00 !study Area 39 Lumpkin from Peach Orchard -Harold 106.97 No $931,667.00 Study Area 18 Reynolds from 7th Street-12th Street 104.93 No $206,636.00 Study Area 16 Jones from 13th Street -10th Street 104.08 No $102,287.00 Study Area 90 Telfair Street Improvments 104.07 Yes $881,588.00 2020 I Study Area 40 Murphey from Milledgeville -Deans Bridge 103.13 No $160,244.00 Study Area 30 Anderson from 12th Street -Monroe 102.66 No $197,503.00 j Study Area 20 Chafee near Laney Walker 102.04 No $40,697.90 !Study Area 60 Laney Walker from James Brown -Blount 101.12 No $271,374.00 !study Area 53 Tuttle from Hicks -Jenkins 100.50 No $127,182.00 Study Area 4 7 MLK from Mill - Chestnut 99.61 No $333.,211.00 !study Area 64 Grand from 13th Street-Turpin 97.33 No $221,878.00 Study Area 72 Wrightboro from Damascus -North Leg 96.76 No $614,645.00 I Study Area 79 Osler from New Baille -15th Street 95.91 No $55,188.50 1 Study Area 93 SR 4115th Street Ped. Improvements 94.20 Yes $332,745.00 2019 Study Area 46 MLK from 14th Street-Fuller 93.62 No $427,045.00 Study Area 58 Milledge near McDowell 92.47 No $104,109.00 !study Area 25 Jones from 15th Street -13th Street 91.95 No $203,170.00 1 Study Area 63 Walton Way from 15th Street -13th Street 91.78 No $156,061.00 DRAFT DRAFT DRAFT AUGUSTA, GEORGIA ADA TRANSITION PLAN UPDATE 2020 Appendix B: Public Services and Programs Barrier Removal Plan Appendix B Public Services and Programs Barrier Removal Plan F-2 DRAFT Appendix B -Programs and Services Facilities and Services Accessibility ill-'- LEngineering/U)ilities Administration Buildmg__________ 452 Walker_St __________________ Yes ____ Yes ______ Yes _ Yes Yes --------·--------------------------------------!Information Technology__ 535 Telfair St, Building 2000 Yes Yes Yes Yes Yes County Judicial Center/ John H_ Ruffin, Jr. Courthouse 735 James Brown Blvd ---------Yes ________ Yes ____________ Yes_____ Yes Yes -----------------!Charles B Webster Detention Center 1941 Phinizy Rd Yes Yes Yes Yes Yes [!_lonald H_Strength Sheriffs Office Administration_Facili400 Walton Way --------------Yes _____ Yes _______ Yes ______ Yes__ Yes -------------------Division of Family and Children Services 510 Fenwick St closed for renovations survey after completion of renovations T: ' Augusta Municipal _Building----·---------------------------__ 535 Telfair _St --------------------Yes _______ Yes _____ Yes_ Yes _____ Yes _________ connect access aisle to sidewalk -----------------Feb-20Augusta Employee Wellness Center 535 Telfair St. Yes No No Yes Yes Ramp non-compliant, entrance signs Feb-20 Jeff Maxwell Branch_Library __ ---------_1927_Lumpkin Rd_________ __ Yes _____ Yes __ Yes __Yes ___ Yes ___ connect access aisle to sidewalk __ i_§xtension Service 602 Greene St No No No No No Post alternative service notice Feb-20 . toroner_-Office ---------------------------------912 Eighth St _ ___ Yes No ___ Yes__ Yes _No Parking sign, ADA door hardware______ Feb-.&j !Housing And Community Development 925 Laney Walker Blvd Yes Yes Yes Yes Yes restroom signage location and Braille Feb-20 !Wallace Branch Library ______________ --------------___ 1237 _Laney-Walker Blvd_____ Yes ___ No _______ Yes Yes Yes _____ Parking sign; _wider_access aisle_________ Feb-20 Sheriff Substation 2803 Wrightsboro Rd Yes Yes Yes ------'Y-'e-'-s ___ Y'-e'-'s ------------------------------' Friedman Branch_Library____ ---------______ -··---_________ 1447 Jackson Rd_____________ _ __ Yes ___ Yes __________ Yes _____ Yes _____ door oeener handles/dispensers __Public Transit Office 1535 Fenwick St Yes Yes Yes Yes Yes repaint parking spaces _ _________ Feb-20 ___, Feb-20 tAP�E.Y Branch J:,ibr�_ry ________________________ _1?60 ��lton Way _______ �-----!"./�_ No No No Post alternative service notice ��lete I West A'-:1_gusta Tag Office 2816 Wash in gton Rd Y _es _____ Y_e_s ____ Y_es _____ Y_e_s ____ Y_e_s ____________________________ ----<I/Humane Society 425 Woods St No No No No Yes Post alternative service notice Feb-20 • ------------------------------·-------------------------------------------------------------------· ----------------------------------------------------------------------------------------------------------------------------,Sheriff Substation 807 Eisenhower Dr No No Yes Yes Yes Mark ADA parking and install sign Feb-20 I Sheriff Substation_____ _ -------------------------224 I __ Brown _Rd_ ___ __ __ _ No ------------No _______ Yes __ Yes Yes _______ Mark AD�3u:kfilgynd install � -----------Feb-20 , IDiamond Lakes Branch Library IOI Diamond Lakes Way Yes Yes Yes Yes Yes :Animal Services 4164 Mack Ln Yes Yes Yes Yes Yes [RCCI 2314 Tobacco Rd Yes No Yes Yes Yes Install parking signs [!'lanning & Development -License & Permitting 1803 Marvin Griffin Rd ____ Yes _______ Yes________ Yes _ __ Yes __ Yes ___ wider van space and access aisle Traffic Engineering (former Natural Resources) 1815 Marvin Griffin Rd Yes construction Yes Yes Yes Entrance ramp lacks wheel railing !Sheriff Substation __________________________________________ 2416 Wind�nngRd _ _Yes __ Yes Yes ____ Y_e _s ___ Y_e_s _________ _ Feb-20 Feb-20 TBD-----; ; 1v1s1on ofDnver Services 3423 Mike Pad�-�---Yes No Yes Yes Yes Install parkin�gns Feb-20 '-:1.��a_Regmna!_�--1_rp�i:!_ ____________________ _.!1Q_��(_l�_Way Yes _ ___y_��----��-�-s Yes ____ ___ ---1 e��mm1strat1on Office ------------�� : n ;;� 1 :� e Rd ___ _ __ �:: ___ �:: _____ �:: ___ �:: __ �::________ --� Libra'}'. Main 902 Greene St Yes Yes Yes Yes Yes Utilitites Customer Service 3463 Peach Orchard Rd Yes Yes Yes Yes Yes !Sheriff Substation --725 Ellis St ----------N�-No No No Yes ____M_a_r _k _A_D_A_p_a-rk-1-_n_g _;-th-r-es_h_o_ld_ra_m_p _________ F_ e _ b-_2_0--1 rsh eriffSubstation ---------------721 Crawford-A;,,--;-----Yes Yes Yes Yes --Yes ---------- I_Old Government House 432 Telfair St Yes Yes Yes Yes No ADA door hardware; clear leaves Feb-20 ��t1sta Judicial Circuit Office of the Public Defender 902 Greene St Yes Yes _____ Yes ___ Yes Yes Augusta Law Department __________ 535 Telfair St Bldg 3000 ________ Yes ___Yes ______ No No No Ramped entrance/threshold, hardware Dec-� f Transit Transfer Facility 1546 Broad Street Yes Yes Yes Yes Yes Maintain automatic door openers TBD '·--··-···-···-····---.. ·-·-···--------·-·-····· . ---------·-···-·-··----------····-···-·····--·-------·-·····--·········-······-------··· ----··---·----··-·--·····--····-·····-··--···-···-----····-···--·--------··----·-------··---··--·-···-··-·-·--·--··-----··--··----·---·-·-------·····------l ·-------------------·------- ---------·- DRAFT DRAFT DRAFT DRAFT ADA TRANSITION PLAN UPDATE DRAFT 2020Presenter: Carole Burrowbridge, ADA Coordinator Augusta, Georgia Compliance Department August 2020 ADA REQUIREMENTS The Americans with Disabilities Act (ADA) is a Federal Civil Rights law that prohibits discrimination on the basis of disability by employers, state and local governments, businesses, transportation and communications services. Title I of the ADA prohibits disability discrimination in all aspects of hiring and employment. It requires that reasonable accommodations be provided to “otherwise qualified” job applicants and employees with disabilities. Title II of the ADA requires state and local governments to ensure that, when viewed in their entirety, their programs, services and activities are accessible to individuals with disabilities and conducted in a non-discriminatory manner. ADA TITLE II REQUIREMENTS 1.Designate and ADA Coordinator; 2.Publish an ADA Notice of Non-Discrimination; 3.Create an ADA Complaint/Grievance Policy 4.Complete an ADA Self-Evaluation of all programs, services and activities; 5.Complete an ADA Transition Plan to improve accessibility and achieve compliance with the ADA; 6.Ensure that all government buildings and facilities undergoing alteration or construction after January 26, 1992 meet the Accessibility Standards for buildings and facilities in effect at the time construction begins; 7.Modify older facilities not built or renovated since 1992 when the accessibility of programs, services and activities cannot be achieved through other means. SECTION 504 REQUIREMENTS 1.Largely the same as ADA Title II requirements; 2.Applies to all facilities, programs and services of any entity that receives federal money regardless of whether the facility, program or service receives federal funds; 3.Federal funds may be withheld for non-compliance; 4.Like the ADA it requires changes to older unrenovated facilities to meet “program access requirements” if no other way to provide access is available or effective. WHAT IS AN ADA TRANSITION PLAN UPDATE? An ADA Transition Plan is the required accessibility remediation plan for a state or local government. It is the next step after an ADA Self-Evaluation. It is the local government’s action plan to improve accessibility and meet all the requirements of the ADA over time. In 2016, Augusta-Richmond County completed a Self-Evaluation and Transition Plan (SETP) that focused on the Administrative Requirements of the ADA and the identification of pedestrian facilities in the public-rights-of-way (sidewalks, crosswalks and bus stops) that were not accessible to people with mobility or vision impairments. An ADA Transition Plan is a living document and must be updated regularly. Beginning in 2019, an annual update must be submitted to the Georgia Department of Transportation (GDOT/FHWA). The 2016-2018 ADA SETP completed by Cranston Engineering was submitted to GDOT in 2019. SCOPE OF THE UPDATE Administrative Requirements Employee Training on the ADA Programs, Services and Activities Effective Communication and Accessible Websites Reasonable Accommodation Procedures Public Sidewalks and Crosswalks On-street Parking Buildings and Parking Lots Voter Services and Polling Locations Emergency Shelters and Services Employment Practices Recreational and Sports Facilities Assembly Areas and Auditoriums Public Transit Services and Facilities REQUIRED ELEMENTS Identify the ADA Coordinator Confirm Administrative Requirements are Met Identify Organizational Structure Provide a Summary of Laws, Regulations, Standards Identify Progress Towards Compliance Identify Programs, Service and Activities out of Compliance Identify Accessibility Deficiencies in Facilities Provide an Plan for Remediation of Deficiencies Include Actions, Timelines, Budgets and Responsibilities Provide Opportunities for Public Input, “Nothing About Us Without Us” AUGUSTA’S ADA NOTICE …Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of Augusta, Georgia, should contact the office of Carole Burrowbridge, ADA Officer at (706)821-2577 or at cburrowbridge@augustaga.gov as soon as possible but no later than 72 hours before the scheduled event. The ADA does not require the Augusta, Georgia to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of Augusta, Georgia is not accessible to persons with disabilities should be directed to Carole Burrowbridge, ADA Coordinator at (706)821-2577 or at cburrowbridge@augustaga.gov. Augusta, Georgia will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. ADA REPORT/REQUEST FORM https://forms.augustaga.gov/forms/ADA_Accessibility Augusta has 42 polling places many of which are in neighborhood churches, libraries or recreation centers. It has been a long standing policy of the Board of Elections to evaluate the accessibility of a facility before making it a polling place. All polling places are wheelchair accessible or made accessible through temporary measures on Election Day. Voting equipment that is accessible for voters with mobility impairments or vision impairments is available at each voting location. All voting locations may be reached by paratransit or the Rural Transit that serves areas south of Bobby Jones including Hephzibah, McBean and Blythe. To improve accessibility, Friedman Library has replaced Christenberry Fieldhouse and The Kroc Center has replaced Crawford Ave Baptist. Early Voting or Absentee Ballots are also available. VOTING ACCESSIBILITY Augusta partners with the Red Cross and GEMA to establish emergency shelters and emergency management procedures. Augusta currently has 30 facilities that may be used as emergency or cooling shelters. All shelters have accessible parking, accessible sidewalks from the parking to the entrance and accessible entrances. All but 3 have fully accessible restroom facilities. May Park, Warren Road and Bernie Ward restrooms are not fully accessible. Fourteen have accessible shower facilities. EMERGENCY SHELTERS •All Augusta Transit Buses are wheelchair accessible and provide the required stop auditory stop announcements •Bus stop pads and shelters must brought up to the FTA ADA bus stop standards when newly installed or renovated •The new 2019-2020 bus pads and shelters were located near government and medical facilities •FTA ADA Paratransit service provides curb to curb service within ¾ of a mile of all regular bus routes. AUGUSTA TRANSIT FAQS ACCESSIBLE ON-STREET PARKING SPACES Additional on-street disabled permit parking spaces have been designated on Broad and Greene Street between 6th and 12th Street. The new spaces are located at the beginning of each block and adjacent to the curb ramp on the sidewalk at the intersection. If parking on Broad Street becomes metered, the payment kiosks will be located near the disabled permit parking spaces. Additional on-street disabled permit parking spaces will be designated downtown over the next 1-5 years to ensure that the required number of spaces are provided on each street. Temporary disabled permit parking spaces are being used for large events at the Miller, the Imperial and the Common. AIRPORT ACCESSIBILITY The Augusta Regional Airport has improved accessibility for seniors and persons with disabilities including: Installed boarding bridges at both gates; Remodeled restrooms provide improved accessibility; Provides single user unisex/family accessible restrooms with automatic door openers; PAL assistants provide wheelchairs and assistance to passengers with mobility or vision impairments. Direct Fights to Washington, DC, Charlotte, Atlanta and Dallas BUILDING ACCESSIBILITY Most of the buildings used by Augusta-Richmond County for programs and services provide “Priority 1” accessibility. Priority 1 accessibility means that the parking, pedestrian route (sidewalk from parking to the entrance) and the entrance are accessible. Some of the older facilities have not been renovated since 1992 and do not meet the current accessibility standards, but they are functionally accessible. The focus over the past two years has been to improve Priority 1 accessibility and to restripe and repaint disabled permit parking spaces and access aisles, to add or update parking signs to the current standards and to remediate curb ramps, sidewalks and thresholds that are not accessible. INACCESSIBLE BUILDINGS Augusta-Richmond County Government has 4 buildings that are not wheelchair accessible. The staff at these facilities will make their services available at other facilities that are accessible or by other methods such as over the phone or online. Appleby Library Richmond County Agricultural Extension The Humane Society (owned by Augusta) The Augusta-Richmond County Law Department TRANSITION PLAN PRIORITIES The improvement of accessibility is an ongoing process as many of our pedestrian and recreational facilities were built before 1992 and have not been significantly renovated since 1992. Augusta-Richmond County Government is planning and funding significant improvements in the accessibility of sidewalks, transit facilities, on-street parking and recreational facilities. ADA compliance priorities include captioning Commission Meeting videos, updating local parking ordinances and ensuring that all facility renovations and road resurfacing projects meet state and federal accessibility requirements. Publication and posting of the ADA Non-Discrimination Notice online and at all customer service locations and providing ADA compliance training to all Augusta-Richmond County Government employees is required by the ADA regulations. Publication of the ADA Transition Plans and providing opportunities for comments from the members of the disability community to be incorporated into the document is also a regulatory requirement. Walton Options and others in the local disability community have requested the formation of a Citizens Accessibility Advisory Committee be established by Augusta-Richmond County to provide citizens an opportunity for participation in the process improving accessibility in Augusta. THANK YOU! Carole Burrowbridge, M.S., A.D.A.C. ADA Coordinator Compliance Department Augusta-Richmond County Consolidated Government 535 Telfair Street, Suite 530 Augusta, Georgia 30901 (706) 821-2577 cburrowbridge@augustaga.gov https://www.augustaga.gov/2567/ADA-Notice Augusta, Georgia is a Georgia Relay Partner Dial 7-1-1 Alternative Formats are Available Upon Request Commission Meeting Agenda 9/15/2020 2:00 PM ADA Transition Plan Update Draft 2020 Department:Compliance Department:Compliance Caption:ADA Transition Plan Update, 2020 Background:Title II of the ADA requires local and state governments to complete a Self-Evaluation of all government programs, activities, services and facilities and develop an ADA Transition Plan. The ADA Transition Plan is a living document that is required to document, budget for and prioritize the remediation of the identified barriers to the equal access of local government services and programs to persons with disabilities. Beginning in 2019, an annual ADA Transition Plan update must be submitted to the Georgia Department of Transportation (GDOT). The 2016-2018 ADA Self-Evaluation and Transition Plan was submitted to GDOT in 2019. This current Transition Plan Update Draft is being presented to the Commission for approval before being posted and published for public comment and finalized before submission to GDOT/FHWA in Atlanta. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 54,100.00 Fifty-Four Thousand One Hundred Dollars & 00/100 For Fiscal Year 2019 Providing Funding From NEIGHBORHOOD STABILIZATION PROGRAM (NSP) “2538 Dover Street – Single Family” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a Neighborhood Stabilization Program Participating Jurisdiction, and Augusta received Neighborhood Stabilization Program (hereinafter called NSP or the NSP Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Sand Hills will be involved in NSP eligible activities; and WHEREAS, Augusta wishes to increase NSP ownership opportunities and preserve and increase the supply of affordable housing for NSP Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its NSP Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2015-2020; and the Year 2019 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the administration of NSP eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible NSP activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations. WHEREAS, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover Street Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $54,100.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved NSP funds to support project related costs associated with 2538 Dover Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified NSP buyer has been identified, received and completed a comprehensive NSP buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned NSP. B. Use of Funds NSP Program funds shall be used by Sand Hills for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of NSP funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 54,100.00 in a loan/grant shall be expended by Sand Hills from year 2018 NSP Program Income funds for construction costs related to the development of an affordable single family unit in the Sand Hills Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by NSP Program eligible low and moderate income NSP buyers. The address for this project is: i. 2538 Dover Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Dover Community) that incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones Expressway on Augusta Housing and Community Development Department Page 4 the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of NSP Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Sand Hills will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of NSP funds and any other project funding as represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make NSP Program funds available in the following manner: $54,100.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of NSP Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future NSP project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of Capital Rise Construction. (See funding commitment letter) e. SHUD agrees that AHCD NSP funding will be utilized at the beginning of the construction phase of this project with Capital Rise Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated NSP Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 54,100.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta- unless otherwise agreed to by Augusta and Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 54,100.00 Total Project Activity Cost $ 54,100.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the NSP Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture restrictions with regard to its NSP-funded NSP buyer program. Each property sold to a NSP buyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible NSP buyer (who received down payment assistance [NSP Program] or other development subsidy funds from Augusta) sells their property, then AHCDD shall capture the NSP funds which will ensure that the recaptured NSP Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Sand Hills Urban Development (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension and Termination. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for NSP funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future NSP project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations” as well as the procurement policy of Augusta. G. Requests by Sand Hills for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: “Reimbursement Request Form” supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The NSP buyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills control that was acquired or improved in whole or in part with NSP funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-NSP funds for acquisition of, or improvement to, the property. C. Any NSP funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any NSP funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the NSP Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills shall carry out its NSP assisted activities in compliance with all NSP Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit NSP Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the NSPbuyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with NSP funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when completed by those clients served by Sand Hills, shall provide the information and verification described above. Augusta Housing and Community Development Department Page 10 Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Sand Hills shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Sand Hills shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Sand Hills shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with NSP grant funds shall be retained for three years after its final disposition. Non-expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is Augusta Housing and Community Development Department Page 11 responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate. This conflict of interest provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the NSP activities supported under this contract; or who are in a position to Augusta Housing and Community Development Department Page 12 participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities. Or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities either for themselves or those whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, “family ties”, as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in- law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Sand Hills in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Sand Hills shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ ARTICLE IX. OTHER REQUIREMENTS A. Sand Hills agrees that it will conduct and administer NSP Program activities in conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One Augusta Housing and Community Development Department Page 13 suggested activity is to use the fair housing symbol and language in Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “NSP ownership” in §92.2. C. Sand Hills agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, NSP funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, NSP funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year Augusta Housing and Community Development Department Page 14 floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of NSP assisted activities. Any such activities with NSP funds, and/or NSP funds will be conducted in accordance with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). I. Sand Hills agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded Augusta Housing and Community Development Department Page 15 to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the NSP Regulations and Section 571.608 of the CDBG Regulations, Sand Hills agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead based paint poisoning and the elimination of lead based paint hazards. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by Sand Hills for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words “Augusta-Richmond County Department of Housing and Community Development “ will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. Q. In accordance with 24 CFR 85.43, if Sand Hills fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. Augusta Housing and Community Development Department Page 16 S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with NSP Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the NSPs receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by NSP Programs definition and therefore must meet the local building codes for new housing in Augusta-Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other Augusta Housing and Community Development Department Page 17 remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Sand Hills Revitalization Plan, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to NSP Program funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 Augusta Housing and Community Development Department Page 18 ARTICLE XII: INDEMNIFICATION Sand Hills will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Sand Hills shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Additionally, Sand Hills shall procure officers and directors liability insurance under policies to be approved by Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance Augusta Housing and Community Development Department Page 19 written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills beyond the term of this Agreement. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of NSP 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 NSP buyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing and Community Development Department Page 20 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 54,100.00 in Fiscal Year 2018 NSP Program Income funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2538 Dover Street, Augusta, GA 30906. 2. AHCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable NSPs are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another Augusta Housing and Community Development Department Page 22 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 AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each NSP sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, NSP Investment Partnerships Program (“NSP”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following: · “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts. · Model Energy Code, 1997, Council of American Building Officials · “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990. · Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. · Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). · Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972). · Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical Condition Standards for HUD Housing.” Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. Augusta Housing and Community Development Department Page 27 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Sand Hills Urban Development must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in connection with the performance of this agreement. Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. In the amount of $ 167,050.00 One Hundred Sixty-Seven Thousand Fifty Dollars & 00/100 For Fiscal Year 2019 Providing Funding From NEIGHBORHOOD STABILIZATION PROGRAM (NSP) “1228 Holley Street – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2020 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 510 Fenwick St, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a Neighborhood Stabilization Program Participating Jurisdiction, and Augusta received Neighborhood Stabilization Program (hereinafter called NSP or the NSP Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Antioch will be involved in NSP eligible activities; and WHEREAS, Augusta wishes to increase NSP ownership opportunities and preserve and increase the supply of affordable housing for NSP Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its NSP Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2015-2020; and the Year 2019 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Antioch for the administration of NSP eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible NSP activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations. WHEREAS, Antioch has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover Street Community. WHEREAS, Antioch has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Antioch has requested and Augusta has approved a total of $167,050.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Antioch agrees to utilize approved NSP funds to support project related costs associated with 1228 Holley Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Holley Street Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified NSP buyer has been identified, received and completed a comprehensive NSP buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned NSP. B. Use of Funds NSP Program funds shall be used by Antioch for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of NSP funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 167,050.00 in a loan/grant shall be expended by Antioch from year 2018 NSP Program Income funds for construction costs related to the development of an affordable single family unit in the Holley Street Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Antioch and made available for purchase by NSP Program eligible low and moderate income NSP buyers. The address for this project is: i. 1228 Holley Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Antioch Ministries shall conduct project development activities and related services in its project area (also known as the Holley StreetCommunity) that incorporates the following boundaries: Holley Street on the West; 12th Street on the East; Wrightsboro Road on the Augusta Housing and Community Development Department Page 4 South; and Laney Walker Boulevard on the North and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of NSP Program funds by Antioch will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Antioch will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of NSP funds and any other project funding as represented in Article II. C. 2 of this Agreement. Antioch will carry out this project with implementation oversight provided by AHCD. Antioch agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Antioch Ministries, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make NSP Program funds available in the following manner: $167,050.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Antioch compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Antioch will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and specific line item names that relate to the contract budget found in Appendix A. Augusta Housing and Community Development Department Page 5 b. AHCD will monitor the progress of the project and Antioch performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of NSP Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. AMI agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. AMI agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future NSP project. Initial: ________ C. Timetable for Completion of Project Activities Antioch shall obligate the designated NSP Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Antioch will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These Augusta Housing and Community Development Department Page 6 documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Antioch shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Antioch shall be paid a total consideration of $ 167,050.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta- unless otherwise agreed to by Augusta and Antioch Ministries. Antioch shall adhere to the following budget in the performance of this contract: Construction $ 167,050.00 Total Project Activity Cost $ 167,050.00 Initial: ________ ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the NSP Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture restrictions with regard to its NSP-funded NSP buyer program. Each property sold to a NSP Augusta Housing and Community Development Department Page 7 buyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible NSP buyer (who received down payment assistance [NSP Program] or other development subsidy funds from Augusta) sells their property, then AHCDD shall capture the NSP funds which will ensure that the recaptured NSP Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Antioch Ministries, Inc. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension and Termination. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Antioch or any subcontractor hereunder. All payments will be made to Antioch unless otherwise requested by Antioch Ministries, Inc. B. Antioch shall maintain a separate account and accounting process for NSP funding sources. C. Antioch shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Antioch will utilize program income from this project to fund future NSP project. E. Subject to Antioch compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations” as well as the procurement policy of Augusta. Augusta Housing and Community Development Department Page 8 G. Requests by Antioch for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: “Reimbursement Request Form” supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Antioch shall maintain an adequate financial system and internal fiscal controls I. The NSP buyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Antioch control that was acquired or improved in whole or in part with NSP funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-NSP funds for acquisition of, or improvement to, the property. C. Any NSP funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any NSP funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. Augusta Housing and Community Development Department Page 9 E. If Antioch is found to be in non-compliance with the NSP Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Antioch shall carry out its NSP assisted activities in compliance with all NSP Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit NSP Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the NSP buyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Antioch shall maintain records that document all clients served with NSP funds. In addition, Antioch shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when completed by those clients served by Sand Hills, shall provide the information and verification described above. Antioch shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Antioch with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Augusta Housing and Community Development Department Page 10 Antioch shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Antioch shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Antioch shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with NSP grant funds shall be retained for three years after its final disposition. Non-expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Antioch shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Antioch is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Antioch shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Augusta Housing and Community Development Department Page 11 Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Antioch agrees to comply with the Open Records Act should a request be submitted to it. Further, Antioch agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Antioch will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Antioch will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Antioch shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Antioch 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 provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the NSP activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities. Or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities either for themselves or those whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, “family ties”, as defined in the above cited volume and Augusta Housing and Community Development Department Page 12 provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in- law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Antioch 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) Antioch shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Antioch shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ ARTICLE IX. OTHER REQUIREMENTS A. Antioch agrees that it will conduct and administer NSP Program activities in conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Antioch agrees that the ownership in the housing assisted units must meet the definition of “NSP ownership” in §92.2. Augusta Housing and Community Development Department Page 13 C. Antioch 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. Antioch agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, NSP funds, and/or NSP funds under this Agreement, Antioch will adhere to the Davis-Bacon Act (40 U.S.C 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Antioch agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, NSP funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. Augusta Housing and Community Development Department Page 14 H. Antioch agrees to take all reasonable steps to minimize displacement of persons as a result of NSP assisted activities. Any such activities with NSP funds, and/or NSP funds will be conducted in accordance with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). I. Antioch 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. Antioch will in all solicitations or advertisements for employees placed by or on behalf of Antioch state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Antioch will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Antioch will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Antioch agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. L. Antioch agrees the low and moderate income persons residing within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the NSP Regulations and Section 571.608 of the CDBG Regulations, Antioch agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead based paint in residential Augusta Housing and Community Development Department Page 15 structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead based paint poisoning and the elimination of lead based paint hazards. N. Antioch agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Antioch agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by Antioch for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words “Augusta-Richmond County Department of Housing and Community Development “ will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. Q. In accordance with 24 CFR 85.43, if Antioch fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE VII. For purposes of this Agreement, timely expenditure of funds means Antioch shall obligate and expend its funds as designated under ARTICLE II.C. R. Antioch shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Antioch agrees to obtain all necessary permits for intended improvements or activities. S. Antioch shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Antioch agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing Augusta Housing and Community Development Department Page 16 regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. U. Indirect costs will only be paid if Antioch has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with NSP Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the NSPs receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by NSP Programs definition and therefore must meet the local building codes for new housing in Augusta-Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Antioch 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 Antioch cures any breach of the agreement. If Antioch fails to cure the breach, Augusta may suspend or terminate the current award of funds. Antioch will not be eligible to receive any other funding. B. Notwithstanding the above, Antioch shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Antioch Revitalization Plan, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall Augusta Housing and Community Development Department Page 17 pay Antioch for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Antioch shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to NSP Program funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either part y desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Antioch will receive all notices at the address indicated below: Antioch Ministries, Inc. 1378 Laney Walker Blvd. Augusta, Georgia 30901 ARTICLE XII: INDEMNIFICATION Antioch 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 Augusta Housing and Community Development Department Page 18 property, by virtue of the performance of this Agreement. By execution of this agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Antioch shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Antioch shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of Antioch handling or charged with the responsibility for handling funds and property pursuant to this contract. Antioch shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Additionally, Antioch shall procure officers and directors liability insurance under policies to be approved by Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be provided by Antioch hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree Augusta Housing and Community Development Department Page 19 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 Antioch beyond the term of this Agreement. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of NSP 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 NSP buyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Augusta Housing and Community Development Department Page 20 Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Antioch Minstries , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 167,050.00 in Fiscal Year 2018 NSP Program Income funds to Antioch Ministries, Inc.. These funds will support new construction with the production Augusta Housing and Community Development Department Page 21 of approximately one (1) affordable single-family residential unit in connection with the continuation of 1228 Holley Street, Augusta, GA 30901. 2. AHCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Antioch in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable NSPs are to be built under this agreement and in connection with the Antioch Ministries Revitalization Project. 4. With AHCD approval, Antioch Ministries may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the Augusta Housing and Community Development Department Page 22 cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Antioch Ministries must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Antioch must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Antioch must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each NSP sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. Augusta Housing and Community Development Department Page 23 APPENDIX “B” REPORTING REQUIRMENTS Antioch Ministries, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, NSP Investment Partnerships Program (“NSP”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following: · “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts. · Model Energy Code, 1997, Council of American Building Officials · “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990. · Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. · Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). · Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972). · Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical Condition Standards for HUD Housing.” Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. Augusta Housing and Community Development Department Page 27 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Antioch Ministries, Inc. must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in connection with the performance of this agreement. Commission Meeting Agenda 9/15/2020 2:00 PM HCD _Neighborhood Stabilization Program (NSP) Funding Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide NSP funding to Sand Hills Urban Development (SHUD) and Antioch Ministries (AM) to develop two (2) single family units for low to moderate income families. Background:Housing and Community Development and Sand Hills Urban Development (SHUD) have been working together to promote affordable housing through a partnership where SHUD & Antioch have constructed numerous single-family units throughout Augusta. SHUD and Antioch are requesting that HCD assist in furthering affordable housing through a continual partnership of providing NSP funds for the construction of one additional unit each. Sand Hills Urban Development is requesting: 2538 Dover Street, Augusta, GA 30909: Total Construction Cost: $190,700.00. Total Request $54,100.00 Antioch Ministries is requesting: · 1228 Holley Street, Augusta, GA 30904: Total Construction Cost: 167,050.00 Total Request: $167,050.00 The funding request is to assist with the cost associated with the construction of two (2) single family units. Analysis:The approval of funding will allow SHUD and AMI to construct two (2) single-family units to be sold to eligible homebuyers. Financial Impact:HCD will utilize program income from Neighborhood Stabilization Program (NSP) funding received through its allocation from the United States Department of Housing and Urban Development (HUD) in the amount of $ 221,150.00 to assist in construction cost of two (2) single-family units. Alternatives:Do not approve the funding to Sand Hills Urban Development or Antioch Ministries. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide NSP funding to Sand Hills Urban Development (SHUD) and Antioch Ministries (AM) to develop two (2) single-family units for low to moderate- income families. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Neighborhood Stabilization Program (NSP) funds. - 221073217/5211119 REVIEWED AND APPROVED BY: HOME Program – Homebuyer Written Agreement Page 1 of 5 HOME PROGRAM HOMEBUYER WRITTEN AGREEMENT NOTICE TO HOMEBUYER: This AGREEMENT contains a number of requirements you must fulfill in exchange for the federal assistance you are receiving through the Home Investment Partnerships Program (HOME Program). Be sure to read each paragraph carefully and ask questions regarding any sections you do not fully understand. This AGREEMENT will be enforced by a forgivable loan and mortgage as set forth below. You should be sure that you thoroughly understand these documents before you sign them. THIS AGREEMENT, made and entered into this ____ day of ____________, 2020 by and between _______________ hereinafter referred to as “BORROWER,” and AUGUSTA HOUSING & COMMUNITY DEVLOPMENT having its principal office at 510 Fenwick, Augusta, Georgia 30901, hereinafter referred to as “LENDER.” WHEREAS, on ___________________, the Lender agreed to provide to the Borrower financial assistance to be used in pursuit of the purchase of certain real property hereafter described: _Map Parcel #_059-0-048-00-0__ and 1215 Perry Avenue, Augusta, Georgia 30901. WHEREAS, a percentage of said financial assistance was provided in the form of a Forgivable Loan, hereinafter referred to as a “LOAN,” with said Loan being in the amount of Twenty-Five thousand dollars 00/100 ($25,000.00) subject to the condition that the Borrower executes this Agreement. WHEREAS, the Forgiveness Loan is funded by the U.S. Department of Housing and Urban Development (“hereafter HUD”) via the HOME Investment Partnership Program (hereafter “HOME Program”), and restrictions apply to the Borrower when participating in the City of Augusta’s Forgiveness Loan Program. NOW THEREFORE, in consideration of the said Loan and in accordance with the provisions of State of Georgia Statues, the parties do hereby agree as follows: The Borrower covenants and agrees with the Lender to adhere to the following HOME Program Restrictions imposed on them for the federal assistance provided: Affordability Period You must comply with the HOME Program’s period of affordability. The period of affordability for the home will be 20 years, based on the amount of the direct subsidy to the HOMEBUYER. During this 20 year period, the HOMEBUYER must maintain the home as his/her principal place of residence at all times. During this time the recapture restriction is effective and requires all HOME funds that were provided for the purchase of the home to be repaid to the City, including principal, HOME Program – Homebuyer Written Agreement Page 2 of 5 interest, late fees, and other charges, if you do not occupy the property as your principal residence or if you sell or transfer the property. Maximum Sales Price The property may not have a purchase price for the type of single family housing that exceeds 95% of the median purchase price for the area. It has been verified that the purchase price of the housing does not exceed 95 percent (95%) of the median purchase price of homes for the area, as set forth in 24 CFR Part 92.254(a). The maximum purchase price is as follows for the Augusta Richmond County GA: Unit # FHA Limits Pre-Economic Stimulus Act- 2020 Existing Homes New Homes 1 Unit $ 157,000 $ 238,000 2 Unit $ 201,000 $ 304,000 3 Unit $ 243,000 $ 368,000 4 Unit $ 301,000 $ 456,000 Unadjusted Median Value $ 164,900 $ 250,000 Appraised property value The AWARDEE certifies that a certified property appraiser has appraised the property that is the subject of this AGREEMENT at a value of $147,000.00. Principal residence requirement This agreement shall remain in force throughout the affordability period as long as the home remains the principal residence of the HOMEBUYER. Should the HOMEBUYER not maintain the home as his/her principal residence, or rent or sell the residence to another party, the HOMEBUYER will be in breach of this agreement and will be required to repay the amount awarded, as of the day the home is no longer the principal place of residence of the HOMEBUYER. If the home is sold to another party, the liability of the HOMEBUYER will be limited to the amount of the net proceeds of the sale as set forth below. ________Buyer Initials Recapture Agreement This is a mechanism to recapture all or a portion of the direct HOME subsidy if the HOME recipient decide to sell the house within the affordability period at whatever price the market will bear. The recaptured funds will come from the net proceeds if available. Any such repayment as required shall be made to the Lender no later than thirty (30) days following the action that require the repayment. Obligation of Repayment HOME Program – Homebuyer Written Agreement Page 3 of 5 As security of Borrower’s obligation of repayment, and subject to the terms and conditions of this Agreement, the Borrower grants, and the Lender shall and hereby does have, a lien on the real estate hereinafter described in the full amount necessary to satisfy said repayment obligation and the cost, including reasonable attorney’s fees, of collecting the same. The real estate subject to said lien is legally described as: ALL THAT LOT OR PARCEL OF LAND, situated, lying and being in the City of Augusta, Richmond County, Georgia bounded Holley Street on the West; 12th Street on the East; Wrightsboro Road on the South; and Laney Walker Boulevard on the North Parcel # 059-1- 048-00-0 Property recorded as 1215 Perry Avenue, Augusta, Georgia 30901 Promptly after the date of any sale, transfer or other conveyance of the above describe property, or in the event of a sale by contract for deed, at least ten (10) days prior to the date of such sale; or if the property shall cease to be the Borrower’s principal place of residency, the Borrower or his/her heirs, executors, or representatives shall give the lender notice thereof. In the event the Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, the Lender may, with or without notice to the Borrower, foreclose said lien in the same manner as an action of the foreclosure or mortgages upon said real estate, as provided by State Statue. Ownership of Property You must hold fee simple title to the property purchased with HOME funds for the duration of your Forgiveness Loan. Use of HOME funds The HOMEBUYER agrees that the HOME assistance will be used to lower the cost of the home by providing down payment assistance. This will reduce the sales price of the home to the HOMEBUYER and reduce the total amount the HOMEBUYER will be required to borrow in order to purchase the home. ________Buyer Initials Household Income You must be an eligible household through the time of filing a loan application with the City or other lender to the escrow closing of the purchase transaction. Income eligibility means that your annual gross household income, adjusted for household size does not exceed eighty percent (80%) of the Augusta-Aiken median income, as established by HUD. Insurance requirement HOME Program – Homebuyer Written Agreement Page 4 of 5 The HOMEBUYER must at all times during the duration of this AGREEMENT maintain a valid and current insurance policy on the home for the current appraised or assessed value of the home. Failure to maintain a valid and current insurance policy will be considered a breach of this AGREEMENT, and the AWARDEE will have the right to foreclose on its mortgage lien if necessary to protect the HOME Program investment. Property standards Pursuant to HOME Program rules, the property that is the subject of this AGREEMENT must meet all State and local housing quality standards and code requirements. If no such standards or codes apply, the property must at a minimum meet the HUD Section 8 Housing Quality Standards/Uniform Physical Condition Standards. Termination Clause In the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate-income households or otherwise restricting the Borrower’s ability to sell the Property shall have no further force or effect. Any person (including his successors or assigns) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restriction. Further, if any Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder’s acquisition of title, provided that (i) the Lender has been given written notice of a default under the Prior Security Deed and (ii) the Lender shall not have curved the default under the Prior Security Deed within the 30-day notice sent to the Lender.” This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. If at any time that the City realizes that you have falsified any documentation or information, you may be required by law to pay the full amount of subsidy provided. ________Buyer Initials Post Purchase Requirement Homeowner must attend a Post Homeownership Counseling class and submit a certificate of completion to AHCD within the first two years of purchasing the house. AHCD will not release the lien on the property until this requirement has been met. _______Buyer Initials IN WITNESS WHEREOF, the Borrower has executed this Forgiveness Loan Repayment Agreement. HOME Program – Homebuyer Written Agreement Page 5 of 5 ___________________________________________ Date___________________________ HOMEBUYER SIGNATURE Attest: Subscribed and sworn to before me __________________________________, 20____. My Commission Expires ______________________________________, 20____. ______________________________________ Notary Signature IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (The City) Approved as to form: _________________________ Date:_________________ Augusta, GA Law Department By: ___________________________________ Date: _________________ Hardie Davis As Mayor By: ___________________________________ Date: _________________ Jarvis Sims As Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 9/15/2020 2:00 PM HCD_ Homebuyer Subsidy Program Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low-to-moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program. Background:The City of Augusta’s Home Subsidy Program is a loan in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first- time home buyer and the home must become the buyer’s primary residence. The program is funded by The U.S. Department of Housing and Urban Development (HUD) and administered by Augusta’s Housing and Community Development Department (AHCD). The program promotes neighborhood stability by assisting with the gap financing toward the purchase price and closing costs for a home located within the city limits of Augusta and in conjunction with local Community Housing Development Organizations (CHDOs) and employees of Augusta, Georgia. One (1) application awaiting approval to move applicant forward with the process of becoming a homeowner: 1. Homebuyer Subsidy – 1215 Perry Avenue - Requesting: $25,000 Sales Price: $ 147,000.00 Applicant has a first mortgage from a lending institution but needs the subsidy to complete the process. Once approved, the lender will schedule closing and the applicant will then become a new homeowner in Augusta, Georgia. Analysis:The approval of this application will enable one (1) individual to become a homeowner and “Make the American Dream a Reality”. Approval will also have a positive impact on the community by increasing the tax base in Augusta, Georgia. Financial Impact:The City receives funding from the US Department of Housing and Urban Development Department on an annual basis. This approval would be for the amount of $25,000.00. Alternatives:Do not approve Homebuyer Subsidy’s Agreement. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to assist one (1) low to moderate income homebuyer with gap financing, down payment and closing cost to purchase a home through the Homebuyer Subsidy Program. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds -221073212/5225110 REVIEWED AND APPROVED BY: 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between_______________, hereinafter called “Owner” and ___________, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _____________ 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property located at ___________________________ all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Sub-Contractor Electrical Plumbing Roofing Heating/Air ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on ____________ and shall be completed by _____________. (45 consecutive days) As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after __________ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor _______________________________________________. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed to Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be ______________ The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days’ written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR ___________________________________ Name of Contractor ________________________ Contractor’s Representative – Title Signature of Contractor OWNER ________________________ Name of Owner Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public 4/8/2019AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 9/15/2020 2:00 PM HCD_ Rehabilitation Program Approval Request Department:HCD Department:HCD Caption:Motion to approve seven (7) Rehabilitation projects. Background:The Homeowner-Occupied Rehabilitation Program provides a mechanism for eligible homeowners to bring their eligible house into compliance with local codes and provide safe, decent housing for lower income individuals. The program has two major components: • Home Owner occupied Rehabilitation – Full rehab to include rehabbing of floors, bathrooms, counter tops, cabinets, etc… • Emergency Rehab – Code items to include only one of the following: roofing, HVAC, electrical or plumbing. The Homeowner-Occupied Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner-occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide seven (7) homeowners with funding for the following addresses: 1. 3538 Gardenbrook Drive, 30906 Curry’s Home Improvement $ 7,440.00 2. 3330 Idlewild Drive, 30909 Curry’s Home Improvement $ 29,765.00 3. 2914 Abelia Drive, 30906 Curry’s Home Improvement $ 4,100.00 4. 2421 Birdie Drive, 30906 Curry’s Home Improvement $ 4,550.00 5. 2016 Grand Blvd, 30901 Blount’s Construction $ 22,000.00 6. 621 Montgomery St, 30901 Funes Construction $ 30,000.00 7. 3207 Holt Road, 30909 Blount’s Construction $ 10,300.00 Analysis:The approval of this request will provide seven (7) homeowners with compliant decent and safe housing. Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested = $81,455.00 Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve seven (7) Rehabilitation projects. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: -CDBG - 221073211 REVIEWED AND APPROVED BY: Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 95,350.00 Ninety-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “2549 Miles Street – Single Family” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Sand Hills will be involved in HOME eligible activities; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for HOME Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the administration of HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible HOME activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations. WHEREAS, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover/Miles Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $95,350.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 2549 Miles Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover/Miles Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified homebuyer has been identified, received and completed a comprehensive home buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned home. B. Use of Funds HOME Program funds shall be used by Sand Hills for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 95,350.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Pinnacle Place Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 2549 Miles Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Pinnacle Place Community) that incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones Augusta Housing and Community Development Department Page 4 Expressway on the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Sand Hills will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOME funds and any other project funding as represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make HOME Program funds available in the following manner: $95,350.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. Payment shall be paid to HCD no later than two weeks after closing date. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of Capital Rise Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with Capital Rise Construction funding completing the unit. Augusta Housing and Community Development Department Page 6 Initial: ________ C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. Unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 95,350.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta- unless otherwise agreed to by Augusta and Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 95,350.00 Total Project Activity Cost $ 95,350.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its sub recipients, and CHDOs follow certain resale/recapture restrictions with regard to its HOME-funded homebuyer program. Each property sold to a homebuyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible homebuyer (who received down payment assistance [HOME Program] or other development subsidy funds from Augusta) sells their property, then AHCDD shall capture the HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Sand Hills Urban Development (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension and Termination. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 “Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Organizations” as well as the procurement policy of Augusta. G. Requests by Sand Hills for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: “Reimbursement Request Form” supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills control that was acquired or improved in whole or in part with HOME funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the homebuyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Sand Hills shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Sand Hills shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Sand Hills shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with HOME grant funds shall be retained for three years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate. Augusta Housing and Community Development Department Page 12 This conflict of interest provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the HOME activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities. Or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities either for themselves or those whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, “family ties”, as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in- law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Sand Hills in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Sand Hills shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ Augusta Housing and Community Development Department Page 13 ARTICLE IX. OTHER REQUIREMENTS A. Sand Hills agrees that it will conduct and administer HOME Program activities in conformity with Pub. L. 88-352, “Title VI of the Civil Rights Act of 1964”, and with Pub. L. 90-284 “Fair Housing Act:, and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP funds will be conducted in accordance with the Uniform Relocation Assistance and Real property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). I. Sand Hills agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead based paint poisoning and the elimination of lead based paint hazards. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by Sand Hills for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words “Augusta-Richmond County Department of Housing and Community Development “ will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. Q. In accordance with 24 CFR 85.43, if Sand Hills fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C 6101-07) and handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794) and implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs definition and therefore must meet the local building codes for new housing in Augusta- Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Sand Hills Revitalization Plan, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HOME Program funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 510 Fenwick Street Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, Laney-Walker specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Sand Hills shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Sand Hills shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills shall procure officers and directors liability insurance under policies to be approved by Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants, or employees shall invalidate any insurance coverage required to be provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Sand Hills beyond the term of this Agreement. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 ARTICLE XVII. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development, Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the HOME Investment Partnership Program will provide $ 95,350.00 in Fiscal Year 2018 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2549 Miles Street, Augusta, GA 30906. 2. AHCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another Augusta Housing and Community Development Department Page 22 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 AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following: · “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. · “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts. · Model Energy Code, 1997, Council of American Building Officials · “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990. · Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. · Part 1910- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). · Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972). · Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the “Uniform Physical Condition Standards for HUD Housing.” Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. Augusta Housing and Community Development Department Page 27 EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Sand Hills Urban Development must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCD to monitor and assess progress in connection with the performance of this agreement. Commission Meeting Agenda 9/15/2020 2:00 PM HCD_HOME Funding Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide one (1) HOME funding to Sand Hills Urban Development to develop a single family unit for a low to moderate income family. Background:Housing and Community Development and Sand Hills Urban Development has been working together to promote affordable housing through a partnership where SHUD has constructed several single-family units in South Augusta and several in the Sand Hills area. Sand Hills is requesting that HCD assist in furthering affordable housing through a continual partnership of providing HOME funds for the construction of one (1) additional unit. SHUD has acquired Capital Rise as a development partner that brings 50% of construction to all development deals. SHUD is requesting: 2549 Miles Street , Augusta, GA 30906: Total Construction Cost: $190,700.00. Total Request $95,350.00 The funding request is to assist with the cost associated with the construction of a single family unit. Analysis:The approval of funding will allow SHUD to construct one (1) single-family unit to be sold to eligible low income homebuyer. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from Housing and Urban Development in the amount of $ 95,350.00 to assist in the construction cost of a single- family units. Alternatives:Do not approve the funding to Sand Hills Urban Development. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide one (1) HOME funding to Sand Hills Urban Development to develop a single- family unit for a low to moderate-income family. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Home Investment Partnership Program (HOME) funds. -221073212/5225110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM recruitment process of an Administrator Department: Department: Caption:Status update on the recruitment/hiring process of an Administrator. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Payroll Tax Deferral Department:Finance Department:Finance Caption:Motion to Decline implementation of optional payroll tax deferral program. Background:The IRS Issues Guidance on the Executive Action Deferring Payroll Taxes On August 28, the IRS issued guidance that provides some explanation of how employers can defer withholding and remitting an employee’s share of Social Security tax when wages are below a certain amount. The guidance in Notice 2020-65 was issued to implement President Trump’s executive action signed in early August. The guidance is brief, and private employers still have questions about whether, and how, to implement the deferral. The President’s action only defers Social Security taxes; it doesn’t forgive them, meaning employees will have to pay the taxes later unless Congress passes a law to eliminate the liability. Tax deferral background On August 8, President Trump signed a Presidential Memorandum that permits the deferral of the employee portion of Social Security taxes for certain employees due to the COVID-19 pandemic. The memorandum directed Treasury Secretary Steven Mnuchin to defer withholding, deposit and payment of an eligible employee’s share of Social Security taxes (or the employee’s share of Railroad Retirement taxes) on wages or compensation paid from September 1, 2020, through December 31, 2020. It applies to employees whose wages or compensation, payable during any biweekly pay period, generally are less than $4,000, or the equivalent amount with respect to other pay periods. Amounts can be deferred without penalties, interest or additions to the tax. New guidance Issued on August 28, the three-page guidance postpones the withholding and remittance of the employee share of Social Security tax until the period beginning on January 1, 2021, and ending on April 30, 2021. Penalties, interest and additions to tax will begin to accrue on May 1, 2021, for any unpaid taxes. The guidance states that “if necessary,” the employer “may make arrangements to collect the total applicable taxes” from an employee. This appears to answer one question that employers have about what happens if an employee leaves a job later this year or before the deferred taxes are due. However, no additional details are given on how an employer should make arrangements to collect unpaid tax. Pushback from business groups Before the guidance was issued, several business and payroll groups stated that their members would not implement the deferral. The U.S. Chamber of Commerce and more than 30 trade associations sent a letter to members of Congress and the U.S. Department of the Treasury calling the deferral unworkable. “If this were a suspension of the payroll tax so that employees were not forced to pay it back later, implementation would be less challenging,” the letter states. “But under a simple deferral, employees would be stuck with a large tax bill in 2021. Many of our members consider it unfair to employees to make a decision that would force a big tax bill on them next year… Therefore, many of our members will likely decline to implement deferral, choosing instead to continue to withhold and remit to the government the payroll taxes required by law.” The National Payroll Reporting Consortium, a payroll services industry association, stated there are “substantial” computer programming changes that are needed to implement the deferral. “Payroll systems are designed to apply a single Social Security tax rate for the full year, and to all employees equally,” the consortium explained. “Applying a different tax rate for part of the year, beginning in the middle of a quarter, and applying such a change to some employers but not others, and to some employees but not others, is quite complex. Not all employers and payroll systems will be able to make these complex changes by September 1.” Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso- tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style- noshow:yes; mso-style-priority:99; mso-style-parent:""; mso- padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para- margin-bottom:.0001pt; mso-pagination:widow-orphan; font- size:10.0pt; font-family:"Times New Roman",serif;} Analysis:This program is optional to implement. The optional status was confirmed by Treasury Secretary Mnuchin in a public statement. The effect of this program may provide a small benefit to some employees as this time, however as this is not a forgiveness of the payroll taxes it is a deferral. The taxes that are owed will be collected starting January 1, 2021. This in essence will double the payroll taxes on an employee from January 1 to April 30, 2020. Attached is a chart illustrating the effect of the program would have on various level of compensation. Below are some implications to employees that should be considered as referenced in AICPA blog by Edward Karl, CPA, CGMA. Consider employee implications. A) Postponement now will give workers more take-home pay, but starting Jan. 1, the postponed amount comes due. That means the employer would basically double the 6.2% OASDI withholding during the payment period. (Calculate the ratable amount for the exact number.) For employees that cease employment, the entire amount likely comes due. B) The memorandum directs the Treasury Secretary to consider forgiveness of the deferred amount; however, forgiveness is up to Congress. The House Ways & Means Committee ranking member, Rep. Kevin Brady (R-TX), has indicated he will introduce such legislation — though the possibility of Congress passing such a law by Jan. 1 is questionable. C) Some employees may be disappointed if an employer opts out. Clear and complete communications with employees should be offered to mitigate this problem. D) The deferral also gives the appearance of giving a select group of employees raises in the last four months of 2020 and those same employees pay cuts during the first four months of 2021. Other considerations: There will also be an additional costs to Augusta for implementation including the cost of reprogramming the payroll software now and again in January. The implications of employees who may leave before the deferred tax is repaid. Financial Impact:Augusta would still pay the employer portion of payroll taxes. While this may give certain employees some slight relief until December 31st, the same employees will then see a corresponding decrease in their take home pay starting January 1, 2021. There will be costs associated with making required changes to the payroll system. The amount is unknown at this time. Alternatives: Recommendation:Do not implement the payroll tax deferral program. It is an “all or none” decision to be made by the employer. If Augusta implements, all eligible employees’ withholdings for FICA will cease until year end and effectively double from January 2021 until April 2021 or until the deferred amounts are repaid. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Bidding Garbage Contract Department: Department: Caption:Discuss the process for the rebidding of the current garbage haulers contracts. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Emergency Storm Sewer Repair 12th Street (between intersections ofDugas St. and Miller St.) Department:Engineering Department:Engineering Caption:Approve the Emergency Storm Sewer repair and replacement at 12th Street (between Dugas St. and Miller St.) for actual expenses of $1,026,472 ($964,992.25 construction-ER Snell Contractor, Inc., $61,480.00 design-GMC) funded through Stormwater SPLOST VII funds as requested by AED. Background:In October 2019 road failure was reported at 12th Street, section between Dugas Street and Miller Street. Follow-up Site assessment revealed that the 66"x52" brick storm sewer line that runs under the above subject location of the roadway is collapsing causing roadway failure. It created traffic and public safety risk and warranted an emergency preliminary engineering, construction plan development and failing storm segment replacement and impacted roadway section repair and paving. AED tasked Goodwyn Mills Cawood (GMC) design consultants to do the required investigation, which includes survey, needed analysis, and come up with the design solution to resolve the issue. AED utilized ER Snell contractor services to repair/replace failing storm sewer line. Due to the risk of public safety and to minimize Augusta exposure to associated liability, it created an emergency and warranted measures to fix the issue. Analysis:Work was done under an emergency situation that warranted timely response by the Engineering Department. The Engineering Department did not have sufficient in-house resources to complete all the required tasks in a timely manner and had to seek contract services assistance with this emergency. Financial Impact:The cost to complete the repairs is $964,992.25 for construction and $61,480.00 for the design. Funding is available in the Stormwater SPLOST VII. Alternatives: Do not approve and identify alternative ways to meet this financial obligation. Recommendation:Approve the Emergency Storm Sewer repair and replacement at 12th Street (between Dugas St. and Miller St.) for actual expenses of $1,026,472 ($964,992.25 construction-ER Snell Contractor, Inc., $61,480.00 design-GMC) funded through Stormwater SPLOST VII funds as requested by AED. Funds are Available in the Following Accounts: Stormwater SPLOST 329-044320-5414110/216829903-5414110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Motion to Abandom Right of Way- Tenth Street Department:Engineering Department:Engineering Caption:Motion to determine that Tenth Street between Walker Street and the Augusta Canal as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Tenth Street between Walker Street and the Augusta Canal is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Tenth Street between Walker Street and the Augusta Canal be abandoned. Recommendation:Approve determination and request for abandonment of Tenth Street between Walker Street and the Augusta Canal, with public hearing to be held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Motion to Abandon Right of Way- Alley between 1512 & 1514 Laney Walker Department:Engineering Department:Engineering Caption:Motion to determine that the Alley between 1512 and 1514 Laney Walker Blvd as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Alley between 1512 and 1514 Laney Walker Blvd is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that the Alley between 1512 and 1514 Laney Walker Blvd be abandoned. Recommendation:Approve determination and request for abandonment of the Alley between 1512 and 1514 Laney Walker Blvd pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Motion to Abandon Right of Way- Ellis Street Department:Engineering Department:Engineering Caption:Motion to determine that Ellis Street between 209 and 211 Fifteenth Street as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Ellis Street between 209 and 211 Fifteenth Street is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Ellis Street between 209 and 211 Fifteenth Street be abandoned. Recommendation:Approve determination and request for abandonment of Ellis Street between 209 and 211 Fifteenth Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Motion to Abandon Right of Way- Emmett St. Department:Engineering Department:Engineering Caption:Motion to determine that Emmett Street Lane up to 1109 Emmett Street as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Emmett Street Lane up to 1109 Emmett Street is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Emmett Street Lane up to 1109 Emmett Street be abandoned. Recommendation:Approve determination and request for abandonment of Emmett Street Lane up to 1109 Emmett Street pursuant to O.C.G.A. §32- 7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 056-1-0 02-01-0 056-1-002-01-0 043-3-001-00-0 043-3-005-00-0 043-3-003-00-0 043-3-002-00-0 AugustaGolf Course Daniel FieldAirportAugustaAquaticCenter Station # 8 AquinasHigh School SingletonApartments Magnolia Park Bethel CommunityApostolic Church Hill PlaceApartments Caldwell Place JimDentWay Walden D r WaldenDr \\auggisresv001\gis\003_Projects\1-GIS\_Roads\001_NamingRequests\Rename\2020\ConsentAgendaApprovals_Jim Dent\WaldenDrive To Jim Dent\Appeal\RetiredROW_March2020_JimDent.mxd Augusta, GA Disclaimer The data represented on this map has been compiled by the bestmethods available. Accuracy is contingent upon the sourceinformation as compiled by various agencies and departments bothinternal and external to the consolidated government of Augusta, GA.Augusta, GA and the companies contracted to develop these dataassume no legal responsibilities for the information or accuracycontained on this map. It is strictly forbidden to sell or reproducethese maps or data for any reason without the written consent of theAugusta-Richmond County Commission. Legend Jim Dent Way Walden DriveRight of Way Proposed Abandonment µProduced By:Augusta, GA GovernmentInformation Technolgy Department - GIS Division535 Telfair Street Bldg 2000Augusta, GA 309013/11/2020 HF1882105751,150287.5 Feet 1 inch = 710 feet ROW Proposal: Walden DriveROW Proposal: Walden Drive Brian Kelly Properties:043-3-002-00-03048 Walden DriveChanged to1048 Jim Dent Way 043-3-003-00-03046 Walden DriveChanged to 1046 Jim Dent Way Commission Meeting Agenda 9/15/2020 2:00 PM Motion to Abandon Right of Way- Jim Dent Way Department:Engineering Department:Engineering Caption:Motion to determine that a Portion of Jim Dent Way as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party (ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Portion of Jim Dent Way is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that a Portion of Jim Dent Way be abandoned. Recommendation:Approve determination and request for abandonment of a Portion of Jim Dent Way pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party (ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission PROFESSIONAL CONTRACT CHANGE ORDER CO NUMBER 01 BID ITEM n/a DATE 8/4/2020 PROJECT TITLE Cityworks / enQuesta Integration ORIGINAL CONTRACT DATE 6/14/2019 PROJECT NUMBER 080674 OWNER AUGUSTA, GEORGIA PO NUMBER P230073 The following change is hereby made to the contract for the above project: Description of Change (for a more detailed description see attached proposal): Approve Change Order for the professional services contract with Woolpert, Inc. to implement Cityworks Asset Management Software for the Augusta Utilities Metering and Customer Service Division and integrate with enQuesta CIS Software in the amount of $75,000.00 PAYEE Woolpert, Inc. TOTAL AMOUNT OF THIS CHANGE ORDER $ 75,000.00 The contract time will be INCREASED by 0 calendar days as a result of this change. ORIGINAL CONTRACT AMOUNT $ 211,011.00 PREVIOUS CHANGE ORDER (INCREASE) $ 0 THIS CHANGE ORDER (INCREASE) $ 75,000.00 TOTAL REVISED CONTRACT AMOUNT WITH CHANGE ORDER $ 286,011.00 FUNDING NUMBER/ACCOUNT NUMBER 507043490 5424120 81300015 5424120 PROPOSED BY: Woolpert, Inc. DATE: 7/16/2020 CONSULTANT REQUESTED BY: Jerry Philpot DATE: 8/4/2020 AUD PROJECT MANAGER SUBMITTED BY: DATE: DEPARTMENT HEAD FINANCE ENDORSEMENT: DATE: COMPTROLLER RECOMMENDED BY: DATE: ADMINISTRATOR APPROVED BY: DATE: MAYOR PROJECT CHANGE ORDER ENTERPRISE ASSET MANAGEMENT (EAM) PROJECT CHANGE ORDER FORM – CO # 01 Woolpert Project Number: 080674 Work for the above referenced City of Augusta, Georgia Utilities Department (AUD) meter Shop Cityworks Implementation and Integration with enQuesta CIS is being completed under Augusta Purchase Order P230073 dated October 21, 2013. The contracted project is to implement Cityworks AMS and build a custom enterprise software integration per the Statement of Work submitted to AUD on November 5, 2018. Summary of Change Two primary changes are being made to this scope of work. The first relates to the configuration discussions to be led by the System Analyst team. In the original proposal, we stated that Woolpert's team would use the work orders configured in enQuesta to determine the work orders that should be configured in Cityworks, rather than developing the work order list collaboratively in configuration workshops with the City. However, in discussions with key representatives of the meter shop, it became clear that although the enQuesta configuration must be a key driver of the Cityworks configuration, it should not be the only driver. Because of this, we have added in some of the typical steps the Analyst team would follow: a pre-planning discovery, business process review, and configuration workshop. This represents the bulk of the additional budget. The second change stems from the joint decision between Woolpert and AUD to take this opportunity to lay out a different pathway to working with Software and Services (S&S), the City’s software vendor for enQuesta, since neither vendor can provide the City with a solution independently. The initial Business Requirements Document (BRD) from S&S and the Statement of Work from Woolpert showed some key gaps in understanding across the vendors in terms of how the systems should communicate. For example, one document proposes an endpoint that would sync newly added meters from one system to the other, but the other document does not. Our revised Statement of Work does not close those gaps, but it builds time and milestones into the schedule for iterative discussions with the City and S&S, as well as joint review and testing sessions throughout the process. Through those iterative steps and joint discussions, all parties will have the opportunity to align the proposals. The result is a restructuring and reorganization of the phases and steps proposed. One final difference between the original and new proposal is the explicit addition of an ad-hoc phase to be used only as directed by the City. The intention is to make Woolpert's team of Cityworks Subject Matter Experts, Database Administrators, and Software Developers available to provide the City with Woolpert Change Order July 16, 2020 Page 2 flexibility in solving problems that will enable them to achieve their mission and goals with the Cityworks software. This will be used in part to assist Utilities GIS staff with the preparation of the GIS data and implementation of map service security necessary to support the demands of the integration with enQuesta, and other tasks as needed. Prepared by: Miles Kelly Date:July 16, 2020 Commission Meeting Agenda 9/15/2020 2:00 PM Motion to Approve Change Order for the Professional Services Contract with Woolpert, Inc. to implement Cityworks Asset Management Software for the Augusta Utilities Metering and Customer Service Division and integrate with enQuesta CIS Software for the am Department:Utilities Department:Utilities Caption:Motion to Approve Change Order for the Professional Services Contract with Woolpert, Inc. to implement Cityworks Asset Management Software for the Augusta Utilities Metering and Customer Service Division and integrate with enQuesta CIS Software for the amount of $75,000.00. Background:The Cityworks / enQuesta integration project is being completed as part of the original AUD Cityworks Implementation Project under purchase order P230073. The integration phase of the project was approved by Commission on 6/14/19 in the amount $211,011.00. The contracted project with Woolpert, Inc. involves building a custom software integration between Cityworks and AUD’s enQuesta Customer Information System software. Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso- style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso- tstyle-colband-size:0; mso-style-noshow:yes; mso-style- priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font- family:"Calibri",sans-serif; mso-ascii-font-family:Calibri; mso- ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} Analysis:Change #1: Due to the software complexity of the interaction between Cityworks and enQuesta it was determined that pre- planning discovery workshops, a more thorough business process review and configuration workshops needed to be conducted with AUD Customer Service personnel to fully comprehend the scope of requirements for the integration. Change #2; Add additional time for interactive discussions between the two vendors involved in the project; Woolpert, Inc. and Systems & Software. The additional time would allow each vendor to better understand and interpret how Cityworks and enQuesta would be required to communicate. Any additional services required for the integration would be addressed via ad hoc services. Financial Impact:Funds are available in the following accounts: 507043490- 5424120/81300015-5424120 Alternatives:No alternatives recommended Recommendation:Approval of the change order for the Professional Services contract with Woolpert, Inc. to implement Cityworks and integrate with CIS enQuesta Software for the AUD Metering and Customer Service Divisions. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043490- 5424120/81300015-5424120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM WALKER STREET REORGANIZATION FILE REFERENCE: Department:Engineering Department:Engineering Caption:Approve Augusta Engineering Department’s Work Request with Modern Business to Modify and Reorganize Augusta Engineering Department Walker Street Operations Storage Area and Construct two Workstations in the amount of $41,036.99. Requested by AED. Background:Augusta Engineering (AED) is in need of additional workstations as its unfilled positions are filled and modification of its storage and print area is the only viable option to meet this need. In additional this storage area modification is important too for optimizing its airspace usage and enabling AED in creating additional storage space. Analysis:Improved storage area and additional workstation is needed for AED operations and work productivity. Financial Impact:Funding in the amount of $41,036.99 is available in account number 272-041110-5423110. Alternatives:1. Do not approve and identify alternate workspace. Recommendation:Approve Augusta Engineering Department’s Work Request with Modern Business to Modify and Reorganize Augusta Engineering Department Walker Street Operations Storage Area and Construct two Workstations in the amount of $41,036.99. Funds are Available in the Following Accounts: 272-041110-5423110 REVIEWED AND APPROVED BY: Commission Meeting Agenda VirtuaVTeleconference - 91112020 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delesation DELEGATIONS A. Keith Henry regarding maintenance issues on Henry Street. (Deferred from the Item August 18,2020 meeting requested by Commissioner Mary Davis) Action: None E ItemApprovalsheet.html Motions t'J:"' Motion rext Made Seconded Motion By By Result Mr. Henry did not appear before the Commission. B. Mr. Clyde Rouzan regarding the naming of the (Augusta UtilitieslEngineering) Item Walker Street Building in honor of late Augusta Utilities' Director Tom Wiedmeier. Action: Approved IB 2020-01-09 Clvde Rouzan.odf lH ItemApprovelsheet.html Motions Motion Motion Textr ype Approve seconded By f;XiI Passes Made By Motion to approve beginning Commissioner Commissioner the process to rename the William Dennis Augusta Utilities/Engineering Fennoy Williams Walker Street Building in honor of the late Augusta Utilities Director Tom Wiedmeier. Mr. Frantom out. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commissioner Brandon Garrett. Motion Passes 7-3. C. Ronic West regarding Equity and Prosperity for the Underserved Community.Item Action: Approved E 2020.01-09 Ronic west.pdf @ sKM c6s82oo827l6l2o.pdf IE ItemApprovalsheet.hlml Motions Motion-"---- Motion Text'r'ype Motion to approve having Augusta engage with the Black Chamber of Commerce to review the Athens Clarke County City Ailiance progftrm . for consideration of itsADDTOVC'- duplication in Augusta in conjunction with Cares Act funding. Voting No: Commissioner Brandon Garrett. Motion Passes 9-1. Made By Seconded By Motion Result Commissioner Commissioner Marion Williams William Fennoy Passes Motions X::' Motion Text Made By Seconded By HXilr ype Approve Substitute motion to approve Commisioner Commissioner Ties allocating $500,000 from Cares Sean Frantom John Clarke Act funding for the Black Chamber of Commerce. Voting No: Commissioner Mary Davis, Commissioner William Fennoy, Commissioner Ben Hasan, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Ties 5-5. The Mayor votes No. Motion fails 5-6. D. Natalie Bryan regarding the introduction of P.E.A.R.L to create toolkits to address the Item disparate impacts of COVID-19 amongst African American communities in the arena Action: of Domestic/Intimate Partner Violence and abuse. None E 202G.01-(D Natalie Brvan.ndf IH Natalie Brvan Powerooint.pdf lB ItemAonrovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Ms. Bryan made a presentation to the Commission. E. Emesia Wright regarding The Georgia Soul Women's Basketball Organizations Item Equity and Prosperity for Underserved Community. Action: None [3 2020-01-09 Ernesie Wrieht.pdf lB ItemAoorovalSheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Ms. Wright made a presentation to the Commission. F. Dr. Timothy M. Williams, Sr. regarding Equity and Prosperity for Underserved ItemCommunity Action: None E 2020.0t-09 Dr. Timothv Wms..pdf E ltemApprovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Dr. Williams did not appear before the Commission. G. JoRae Jenkins regarding fair elections in Augusta-Richmond County. E 202G.01-09 JoRae Jenkins.ndf Il3 ItemAoorovalSheel.html Motions Motion:"""- Motion Text'l'ype Ms. Jenkins did not appear before the Commission and she will be postponed to the next meeting on September 15. CONSENT AGENDA Item Action: None Made Seconded MotionBy By Result (Items 1-3) PLAI\NING l. Z-20-37 - A request for concurrence with the Augusta Georgia Planning Commission Item to approve, with the conditions below, a petition by Louis White, on behalf of Josie Action: Alexander, requesting a change of zoning from Zone R-18 (One-family Residential) Approved to Zone R-3 B (Multiple-family Residential) affecting property containing 2.22 acres and known as 2403 Mount Aubum Street. Tax Map 034-l-210-00-0 REPLACES Z-20-19 DISTRICT 1 1. The development must substantially conform to the concept plan filed with this application. 2. Provide a sidewalk on Montgomery Street that connects the proposed parking lot to the nearby intersection and meets ADA standards. 3. Any fencing above 4 feet in the front setback will require approval of a variance. 4. Any building encroachment in the front setback require variances from the minimum setback regulations. 5. The development must comply with the provisions of the Augusta Tree Ordinance. 6. Main building shall retain the Weed School name and the remaining 3 buildings shall be named by the Community for past educators, principals etc. 7. A Monument honoring the history of the school to be placed in front of the main building shall be designed and constructed by the Community at the cost of the Community with the developer having final approval over the design. IEI z-2G37 reoort.odf B ltemAnorovalSheet.html Motions Motion Motion Text'l'ype Motion ResultMade By Seconded By Approve Motion to approve. Commissioner Commissioner Ben Passes Motion Passes 10-0. Sammie Sias Hasan PETITIONS AND COMMUNICATIONS 2. Motion to approve the minutes of the Administrative Services Committee, Regular, Item Special Meetings held on August 18,2020 and August26,2020. Action: Approved [3 Resular Commission Meetinq Auqust l8 2020.odf E Called Commission Meetinq Aupust l8 2020.pdf B Administrative Services Minutes 8-l&2020.pdf B Called Commission Meetine Ausust 26 2020.pdf E ItemApprovalsheet.html Motions X:t:' Motion Text Made By seconded By MotionIYPe - --'-- -r -------- -'t Result A ---^,.^ Motion to approve. Commissioner Commissioner BtApprove ,orro., passes 10-0. Sammie Sias Hasan )n Passes SUBCOMMITTEE Pension Committee 3. Motion to approve Ordinances Restating the 1945 and 1949 Pension Plans and ltem submission to IRS for favorable determination letter. (Approved by the Commission Action: on September 18, 2020 - second reading). Approved {H ItemAoorovalSheet.html Motions X:tl"' Motion Text Made By Seconded By Motion I ype ''--"- -" Result Motion to approve with the ^ correction of the first date of Commissioner CommissioneApprove "00.""r, as August 1g,2020. Sammie Sias Ben Hasan 't P^""' Motion Passes 10-0. ****END CONSENT AGENDA:I*:K * AUGUSTA COMMISSION 91u2020 AUGUSTA COMMISSION REGULAR AGENDA 9nt2020 (Items 4-22) PLAT\NING 4. Ms. Edith Peebles regarding the Final Plat for Wrights Point - 5-903.Item Action: Approved Motions Y:jt1"" Motion Text Made By Seconded By Motion Type ^vrvrrvu r lar Result Motion to approve the . final plat for Wrights Commissioner CommissionerApprove i;"irr. Dennis williams william Fennoy Passes Motion Passes 10-0. PUBLIC SERVICES 5. Motion to approve Existing Location: A.N. 20-32: request by Maan Cheang for a ltem consumption on premise Liquor License to be used in connection with New Ming Action: Wah Restaurant, Inc. located at 3415 Wrightsboro Rd. There will be Sunday Sales. Approved District 5. Super District 9. H AN.2o-32.pdf H ItemApprovalsheet.html Motions Y:j*t"' Motion Text Made By Seconded By Motion Type ^ -*rrvr rsar Result Approve M:lffii,""llJJil:; in:TH'i)?,IL, fi:STissionerB" pu,,", 6. Motion to approve New Application: A.N. 20-31: request by Philip G. Caldwell for a ltem consumption on premise Liquor, Beer & Wine License to be used in connection with Action: Miller Theater, LLC located at 708 Broad Street. There will be Sunday Sales. Approved District 1. Super District 9. F AN.2o-3l.pdf B ItemApprovalSheet.html Motions Motion Type . MotionAPProve Motion 7. Motion to approve Apron and Taxilane $97,739.08. Motion Text Made By Seconded By Motion Result toapprove. Commissioner Passes 10-0. Marion Williams the Change Order #1 Remac, Rehabilitation at the Augusta CommissionerBen passes Hasan Inc. for Project Taxiway F, South Item Regional Airport in the amount of Action: Approved @ sKM c4s82oo626lsllo.pdf @ ItemAoorovalsheet.html Motions Motion Motion Textrype a _-..____ Motion to approve.APProve Motion Passes lo-0. ADMINISTRATIVE SERVICES Made By Commissioner Sammie Sias Seconded By Commissioner Ben Hasan Motion Result Passes 8. Discuss and provide a solution for the security and safety of our code enforcement Item officers. (Requested by Commissioner Sammie Sias) Action: Approved E lternAoorovalsheet.html Motions Motion Motion Textr ype Motion to have the Law Department prepare an amendment to the Augusta Code to transfer City Code Enforcement personnel from the Planning & Development Approve Department and Environmental Services to include salaries and equipment to the Augusta Marshal's Department effective immediately with a transitional period of 14 days and this is the first reading. No action is taken on this motion due to the Motions seconded By f.'.XiIMade By Commissioner Sammie Sias Commissioner John Clarke passage of the substitute motion. ryJ:"" Motion rext seconded By #Jil Commissioner Ben Hasan Passes Made By 9. Motion to deny the Protest and Appeal of TranterGrey Media regarding RFP 20-172 Item Airport Marketing Agency. (No recommendation from Administrative Services Action: Committee August 18, 2020) Approved H 20-172 TAB.odf [3 20-172 Protest - Trantererev Dated $2G2020.odf Ea 20'.172 Procurement Response to Protest Dated G9-20.odf ll=a 2G.172 Anoeal - Trantersrev Dated 612-20,odf B 20-172 Appeal followinq Meetinq With Administrator 7-1+20,pdf B 2G'172 Aooeal Notice to Trantersrev with Administrative Committee Dates 7-24-20.pdf lE ItemApprovalsheet.html Motions Motion Motion Textrype Motion to deny the protest, bring the marketing project back in-house for 90 days and h readvertise the project. Mr.DenY Clarke and Mr. Garrett out. Voting No: Commissioner Marion Williams. Motion Passes 7-1. 10. Motion to receive as Information Development's FY20l9 Consolidated (CAPER). (Deferred from the August Made By Seconded By lB 2020-01-09 HCD-2019 C.A.P.E.R.-Aususta Georqie .Ddf B ItemAoprovalSheet.html Motions Substitute motion to approve holding a sub-committee meeting to discuss the problems we have with Code Commissioner Approve Enforcement and the Marshal's Marion Department. Mr. Garrett out. Williams Voting No: Commissioner Sammie Sias. Motion Passes 8-1. Commissioner Ben Hasan Motion Result Commissioner Bobby Passes Williams Housing and Community Development Item Annual Performance and Evaluation Report Action: 18,2020 Commission Meeting) Approved Motion Motion Textr ype ^ Motion to aDDrove.APProve Motion passes l o-0. Motions |#:'" Motion rext [3 ItemAoorovalSheet.html Motions |'#:" Motion rext Made By Commissioner Sammie Sias Seconded By Made By Seconded By Made By Seconded By Motion ResuIt Motion Result Passes (HCD's) Item one (l) Action: Approved Commissioner Ben PassestlASAN 11. Motion to approve HCD's request to enter into a Memorandum of Understanding Item with the, Greater Augusta Black Chamber of Commerce, and Antioch Ministries, Inc] Action:and the Metro Augusta Chamber of Commerce, in support of HCD's Micro- Approved Enterprise Technical Assistance Program. B MOU HCD and Antioch Ministries.docx B AMCC CDBG Contract.docx @ HCD Greater Aususta Black Chamber of Commerce Novus Asenda Item for Micro Enterprise Tech Asst prosr.m.docx E ItemApprovalsheet.html Motion Result Motion to delete this itemDelete from the agenda. Commissioner Commissioner Motion passes l0_0. Sammie Sias Ben Hasan Passes 12. Motion to approve Housing and Community Development Department's (HCD's) Item Substantial Amendment Request for the allocation of $3,583,023.00 in CARES Act Action: funds for CDBG, ESG and HOPWA. (Requested by Commissioner Sammie Sias) Approved Motion to approve. Mr. Clarke, Ms. Davis, Mr.Defer Garrett and Mr. M. william. 9gT.',itsioner commissioner out. William Fennoy Ben Hasan Motion Passes 6-0. 13. Motion to approve Housing and community Development Department's request to HOME funding to Sand Hills Urban Development to develop single-family unit for a low-to-moderate income family. E HCD SHUD-2s2sDover Street.doc [B ItemAuorovalSheet.html Motions Y:i1'" Motion rext Made By seconded Bv [:til't'ype a -^-^-.^--^ Motion to approve. Commissioner Commissioner Ben passesApprove Motion Passes 10-0. Sammie Sias Hasan 14. Motion to approve Housing and Community Development Department's (HCD's) Item request to provide funding to assist one (l) low-to-moderate income homebuyer with Action: down-payment assistance to purchase a home. Approved B HOME BTIYER AGREEMENT - 2134 CTOSICV St.dOC E ltemAnorovalSheet.html Motions Motion d r,,r n-- Motion - """- Motion Text Made By Seconded ByType r'rurruu r vat Result Approve M:li:l i,""lxjJll:; ffff,:'Jil" commissioner Ben passes 15. Motion to approve Housing and Community Development Department's (HCD's) Item partnership request with Georgia Rehabilitation Institute, Inc., and accept their Action: financial commitment of $100,000. Approved e MOU-GA Rehab Inst-2020.doc @ ItemApprovalsheet.html Motions $otion Motion Text Made By seconded By Motion Type r'rvtruu ,.t I'rss' .-J Result ^ Motion to approve. Commissioner Commissioner Ben passesApprove Motion Passes 10-0. Sammie Sias Hasan 16. Motion to approve Housing and Community Development Department's (HCD's) Item request to provide HOME funding to assist one (1) low to moderate income Action: homebuyer with gap financing, down payment and closing cost to purchase homes Approved though the Employee Incentive Program. B IIOME BUYER AGITEEMENT.WAIKCT 2565 DOVET St.dOC E ltemAporovalSheet.html Motions Motion Motion Text Made By Seconded By MotionTYPe Result ^ --.-.,, Motion to approve. commissioner commissioner BApprove iliotionpasses l0-0. sammie Sias Hasan len Passes PUBLIC SAFETY 17. Receive as information an update on the new MyAugusta3l 1 mobile application and Itemweb portal Action: None lB ItemAoprovalsheet.htmt Motions *j:" Motion Text Made By Seconded By Motion r YPe ulvvuuvu DJ Result Motion to approve Approve receiving thi, it.* u, Commissioner Commissioner information. William Fennoy Dennis Williams It was the consensus of the Commission that this item be received as information without objection. FINANCE 18. Present the financial report for the 6 month period ended June 30, 2020. Item Action: None IH Financial Reoort - G3G2020.odf B ItemAonrovalsheet.html Motions Motion Motion Text Made Seconded Motion r YPe By By Result No action was taken on this item due to the lack of a quorum. 19. Motion to approve purchase of updated audio/visual equipment for conference Item rooms in Tax Commissioner's offices at: Municipal Building, South Augusta Tag Action: Office, and West Augusta Tag Office Approved IH ItemApprovalsbeet.html Motions ffit:"" Motion rext Made By Seconded By f;tji,' Approve Motion to approve. Commissioner Motion Passes 10-0. Sammie Sias 20. Motion to approve $50,000 funding request to assist Greater Augusta's Interfaith Item coalition's Total census count Initia-tive. To support census responses from hard to Action: count citizens and the support for 15 sites of activities for respondents of the local None Census Count. (Requested by Commissioner Bill Fennoy) Commissioner Ben Passes Hasan Made Seconded Motion By By Result No action was taken on this item due to the lack of a quorum. 21. Approve resolution authorizing execution of the intergovernmental agreements (IGA) Item and related documents with the Urban Redevelopment Agency (URA) to issue bonds Action: for the Laney Walker Bethlehem redevelopment project. Approved B ltemAoorovalSheet.html Motions Motion::""'"-. Motion Text't'ype @ Authorizins Resolution.pdf IE Interqovernmental Service Aereemenl.odf E Bond Purchase Asreement.odf lB ItemApp rovalSheet.html Motions Motion Motion Text'l'ype B 202G.01-09 Comm. B. Garrett.pdf E ItemApprovalSheet.html Motions Motion^"'^"" Motion Text'l'vpe Made By Seconded By Commissioner Ben Hasan Motion Result Passes^ Motion to approve. CommissionerApprove Motion pasies 10-0. Sammie sias ENGINEERING SERVICES 22. Discuss and offer solutions for ongoing grounds maintenance shortfalls that is the city's main entry points into the county. (Requested by Commissioner Brandon Garrett) Item Action: None Made Seconded Motion By By Result No action was taken on this item due to the lack of a quorum. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 23. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None www.augustasa.pov CALLED MEETING VIRTUAL/TELECONFERENCE September 1,2020 Augusta Richmond County Commission convened at 12:30 p.m., Tuesday, September 1, 2020, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: We'll call the meeting to order. The Chair recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good afternoon, Mr. Mayor and Commissioners. We request a motion to go into executive session for the discussion of pending or potential litigation, real estate and personnel. Mr. D. Williams: So move. Mr. Hasan: Second. Mr. Mayor: All right, Madam Clerk, commissioner from the 2nd with the motion, commissioner from the 6ft with the second. The Clerk: Okay. Ms. Davis, Mr. Frantom and Mr. M. Williams out. Motion carries 7-0. Mr. Mayor: At this point we'll transition to closed session and then we'll reconvene once we're in closed session. IEXECUTTVE SESSTON] Mr. Mayor: We are back on the floor. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mr. Mayor, we request a motion to execute the closed meeting affidavit. Mr. Hasan: So move. Mr. Sias: Second. Mr. Mayor: Madam Clerk, motion from the commissioner from the 6th, second from the commissioner from the 10ft. The Clerk: I believe that was Mr. Sias. Mr. Mayor: Okay, I heard both of them. The Clerk: Okay, all right. Ms. Davis out. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: Mr. Mayor, we request a motion to adopt a resolution authorizing the sefflement of all claims by John Burke West in the aggregate sum of $1021000. Mr. Hasan: So move. Mr. D. Williams: Second. Mr. Mayor: Motion from the 6ft, second from the 2'd. Ms. Davis out. Motion carries 9-0. Mr. Mayor: Attomey Brown. Mr. Brown: Mr. Mayor, we request a motion to approve a Memorandum of Understanding between Augusta Housing Authority and Augusta, Georgia regarding a joint application for a choice neighborhood (inaudibte). Mr. Sias: So move. Mr. B. Williams: Second. Mr. Mayor: Madam Clerk, that's a motion from the 4ft and a second from the 5ft. All right, everybody suspend. Commissioner from the 6s, state your inquiry. Mr. Hasan: It's okay, Mr. Mayor. Mr. Mayor: Are you sure? Mr. Hasan: I'm fine. Mr. Mayor: I see some unreadiness. Mr. Hasan: I'm fine. Go ahead. Mr. Mayor: Okay, all right. Voting. Ms. Davis out. Motion carries 9-0. Mr. Mayor: All right, Attorney Brown. Mr. Brown: Mr. Mayor - Mr. Mayor: Attomey Brown. Mr. Brown: Mr. Mayor, Commissioners, we request a motion to approve the first amendment to the parking agreement between Augusta, Georgia and the Development Authority of Augusta, Georgia regarding 511 Reynolds Street. Mr. Garreff: So move. Mr. Fennoy: Second. Mr. M. Williams: Question, Mr. Mayor. Mr. Mayor: State your inquiry, commissioner from the 9ft. Mr. M. Williams: Does that have to be specified? Now we talk about parking. We've already got one and I said the other day it's going to get confusing here. Should that be specified as to where those 4l are or 4l number should be in there or when you're talking about this parking, just a simple question. Mr. Mayor: Attomey Brown. Mr. Brown: It is specified or a difference is pointed out by within the agreement itself. The agreement has been properly identified as the first amendment but I will for the record the amendment does control and alters 4l parking spaces that's the subject matter of the amendment. Mr. M. Williams: (inaudible). The Clerk: Okay. We ready to vote, Mr. Mayor? Mr. Mayor: We are. Ms. Davis out. Motion carries 9-0. Mr. Mayor: Attorney Brown. Mr. Brown: Our final motion for today I believe, Mr. Mayor and commissioners, is we request a motion to approve the request for personnel action and compensation by the Housing & Development Authority Departmen! I mean Housing & Community Development Department which is requesting the reclassification of L temporary Administrative Assistant position to an Administrative Assistant I with a pay differential of 40o/o. Mr. Hasan: So move. Mr. Sias: Second. The Clerk: Commissioner Hasan, Commissioner Sias, is that it, Mr. Mayor? Mr. Mayor: Yes, ma'am. The Clerk: Okay, thank you. Ms. Davis out. Motion carries 9-0. Mr. Mayor: Attomey Brown, is there any other business before us? Mr. Brown: No, sir. Mr. Mayor: All right, fantastic. All right, I think that portion of our meeting is complete and adjourned. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, do hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on September 1,2020. Clerk of Commission CALLED MEETING VIRTUAL/TELECONFERENCE September 1,2020 Augusta Richmond County Commission convened at l:45 p.m., Tuesday, September l, 2020, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: I think all of us are fully aware of Paine's role in our community. Having educated so many of our (inaudible) educators who are teaching in our schools both in Augusta, Columbia County, South Carolina and in all parts across this great state they have played a rernarkable role as a liberal arts co-educational school. Their impact in our community is without question and so they've approached the City of Augusta in terms of support. As you see it's fairly straightforward in terms of their request and so with that it's being brought before us and I'll entertain questions. Mayor Pro Tem. Mr. Frantom: Thank you, Mr. Mayor. So my concern is around the fact that like have we had a chance to talk with Finance. I know I haven't from like the amount of money we're getting versus kind of what we need, what they think we're going to need from more medical bills, more lawsuits, more things that, budget shortfalls for 2020, 2021. Like has there been any discussion before we just go ahead and like sign off on a good chunk of money, $ I .4 million, when they got $600,000. I'm just trying to understand what has been the finance discussion in that? Mr. Mayor: Well, I think from an overall finance standpoint, Mayor Pro Tem, and another reasonable question, as everyone should be aware, Cares Act funding is not eligible to be used for revenue replacernent. That was one of the conditions of Cares Act funding across the entire state of Georgia. It cannot be used for revenue replacement so if there is any projected shortfalls and that number we're tracking right now is going to be around about $4.8 (inaudible) to date. The September I timeframe has dropped $4 point plus million dollars but we can't use Cares Act funding for revenue replacement. It's for expenditures and those type things. There's a list pursuant to the Treasury Department that they provide so I will offer that (inaudible) in terms of that. I know we're going to have broader discussion about how we can use these resources. We have already met the first submittal for the 30oh. Thatwas the $3 million dollars. That submission we have done in advance of the 1 September deadline so I think we're tracking with that. We have been approved for the remainingT0% so we're going to get an additional $7 million dollars, $7.2 million dollars that's going to be used and made available for us and the Commission will once again come together and say how do we meet the needs of those in our community and this just happens to be one of those requests that's out there and it's a real time request that was put forth. Mr. Frantom: Yeah, so I didn't even know that we get what we were going to be receiving the second. We knew there was a good chance of us getting that TOYobtt then in the community the Paine College discussion was talk, it was having emails and things that I was sent, calls that were, reached out to us and I want to 100Yo support Paine College but I mean for us to go ahead and approve that without even knowing like everything that where we're going, how we're going and having the discussion with finance like I would want to have a discussion with thern to understand it before we just agree to it today. So I mean I would hope that we would have a discussion with Finance about voting today for $1.4 million for Paine College. Mr. B. Williams: Mr. Mayor. Mr. Mayor: Commissioner from the 5ft. Mr. B. Williams: I want to go ahead and say that I want to make a motion to approve but I want to make this statement that my understanding is that when we put in for the money and it comes back to us it is our money for us to do with what we want to do with it. Correst? $3.3 million came back. That was our money to do what we wish to do with it, correct? Mr. Mayor: So there is a list at the Treasury Department has said are eligible expenses and this list that we have here certainly fits within the context of that. Again within the most eligible expenditures we could use that money as we see fit so if this body made a decision that you were going to provide rental assistance for individuals or families in the community, you could do that with that Cares Act funding that we're going to receive. There is conversation about an agenda item that's going to be debated later in this discussion and so how we use those dollars is left up to the governing body. And there are multiple pots of Cares Act money that are coming into with the exception of the Transit dollars. With the exception of the Transit dollars whether it's money that's going into Housing and Community Development around Cares Act Community Development Block Grant dollars and there are multiple pots. It is the goveming body's decision of how you want to allocate those resources and make an impact in the community. Mr. B. Williams: And I think we need to think about the impact of Paine College has made over the years. I think they indicated that Paine College has been there for 138 years but I just know some people that graduated around the time that I did. I know people that graduated before me. There are so many people that went to Paine College that are making a contribution in our community so I think we need to make sure that we think about what's going on there. If we had Augusta University tryrng to make a decision about whether or not we were going to support them. I think we would so I think we should do the same thing for Paine College. Mr. Mayor: Commissioner from the 6ft. Mr. Hasan: Commissioner Fennoy is having trouble getting back on. He's asking to send him a link to wefennoy@hotmail.com. Mr. Mayor: Okay. Mr. Mayor: All right, commissioner from the 9ff. Mayor Pro Tem, I'll come back to you. Mr. M. Williams: Mr. Mayor, I'm in favor of supporting if we can, if it's legal to do that. I heard our money but the money belongs to the taxpayers of Augusta when it comes (inaudible) commissioners or the elected Mayor or the appointed one. I just need to hear from our attorney whether or not it is legal by law to do this and I heard we can do what we decide to do with the money. I know Paine is great institution and I know I want to help them and do everything we can. We had a brief conversation about this as well so if my attomey would step in and sign off on that then I think we need to move forward. I don't want to suspect anything. I need to know, he needs to show me, he needs to have something not necessarily today, something written that I can see that says that is a legal move. This is not the first time we've been trying to assist and it's been going on about ten to twelve years we've tried to get some assistance so I just need to hear from our attorney. Mr. Mayor: Attorney Brown. Mr. Brown: Good afternoon, Mayor and Commissioners. There is certainly clearly a legal way for Augusta to assist Paine College with this $1.4 million dollars from various funds that Augusta has including but not limited to Augusta Cares Act fund. I would say that to the extent that Cares Act funds are used, Paine College, just like Augusta, must meet the terms and the conditions of the Corona Virus Relief Fund. They have to meet those conditions. All over the state cities are outsourcing some of those funds but when you outsource the funds, the conditions for use of the funds are also outsourced if you use Cares Act funds. Augusta can also assist Paine College with all of these funds or some of these funds as (inaudible) grants as well. Mr. Hasan: Mr. Brown, (inaudible) in the meeting room, in the waiting room. Mr. Mayor: We'll get him in here. Mr. Hasan: I'm sorry, Mr. Brown. Mr. Brown: No, sir, no problem. The answer clearly is yes, Augusta can distribute some Cares Act funds and other funds that belong to Augusta to Paine College. It will be Augusta's responsibility to make sure that those funds comply with the terms and conditions that are imposed upon Augusta. Mr. M. Williams: Okay, so that brings me to another question about getting that question it goes back to what I was saying before. when we met you explained to us that - Mr. Mayor: Commissioner from the 9s, can you suspend for a moment? If we can get everybody to mute, all right, go ahead, sir. Mr. M. Williams: When we met the other week and talked about the Cares Act and the money that was coming and there was a lot of strings I would say (inaudible) situation that had to be addressed and it was to the point where you as the attorney said to us that could lose our grants, we could lose, we may have to pay back money unless we followed those guidelines, those strict guidelines. We were going to be checked and double checked you said, or something to that effect, maybe it wasn't your words, but I'm support but I want to make sure that we are on solid ground to do that. I'm ready to vote today but I need to know how we are going to make sure that we don't get the City of Augusta in a box if we don't that in place to keep everything on the straight and narrow. Does that make sense, Mr. Attorney? Mr. Brown: Yes, sir, that makes sense. The second part that you mentioned about how we're going to make sure it complies, that's up to your administration but I'm here to answer that legally. Yes, you can distribute these funds but you're right, you can't just let it go and say well, we gave it to them. It's up to them to do the right thing. You'd have to ensure that the people you distribute funds to comply with the terms which including they must also sign that they will comply with the terms of the grant. Mr. M. Williams: Do we have a way of enforcing that? Mr. Brown: Yes, you can make that a part of the grant that grant compliance is required. A failure to follow the grant terms can have the same consequences with them as it would, we would have with the state or the federal government. But again, you can transfer these funds safely, you can distribute to Paine College and to other institutions as well. Mr. M. Williams: Other institutions as well. How would we determine what institutions would receive and not receive? Mr. Brown: That's a Commission decision and I don't know who the City has appointed to help administer their funds but that would be also the advice you would get from the entity or the persons or departments that you have administering the funds. Mr. M. Williams: So there's a lot of unsure avenues I guess I'll say that we have not addressed yet before we make a vote because we can't make a vote after that to make sure that things are compliant. So we need to put the wagon behind the horse and not in front of the horse, is that right? Mr. Brown: I think this course I'm not advising to or not but the Commission can make a vote today. It's a matter of wording of the motion. It cannot simply be a motion, I would advise that not simplybe a motion to approve. Mr. Mayor: Okay. Commissioner from the 8s.. Mr. Garrett: Thank you, Mayor. You know in regards to the discussion with our legal counsel, this being a private school and not being a non-profit as many of the other ones that we've helped, are there any legal ramifications there or can we distribute this money as we see fit? Mr. Brown: I think the key factor that you want to look at is not who you're giving it to, it's what it's being used for. That's a matter for, we give it to private businesses. They don't have a public purpose so to speak, however, some organizations are given to churches, profit institutions, non-profit institutions but the use is what controls. They have to be doing a public good in one way or the other to help the public get past COVID-19. Mr. Garrett: I understand. And you know looking at the list that they sent us about what some of these funds could be used for it looks like $200,000 could be used for employee retention which is just another way of employee raises. Is there a way we could go through that list, we just received it before the meeting, and you know talk with Paine to see which of those issues are really the most important? Mr. Brown: You can. You can have a vote and still have discussions after the vote. I guess there may not be any need to talk to Paine if you're not going to give it to them or if you're going to give it to them it doesn't mean okay, -- Mr. Garrett: I didn't say that at all, attomey. Paine College is an important part of our fabric of Augusta. I'm in full support of helping Paine but you know I just want to make sure that as we have this discussion that we're understanding where all this money will be allocated towards and to see what the ramifications are if it is used inappropriately. Mr. Brown: Yes, I do agree. I'm simply saying the Commission could take that path or the Commission could take the path that it approves the distribution to Paine College subject to compliance with the terms of the agreement as determined by Augusta. Mr. Garrett: Is there a time limit? I know we called a special called meeting to discuss this issue. I guess another question that I have is what is the time constraint on making a decision? Mr. Brown: I just want to also say if I can, Mr. Mayor, that I just received this at the end of legal meeting so I don't have all the answers. I just received this proposal I think at the same time that all the commissioners received it today but if it is Cares Act money, if it is Cares Act money that we use, the money has to be spent by December 30th of this year. A day after that that money could not be used if it is the Georgia Cares Act money. Now Augusta has other Cares Act money and Augusta has other money. It depends on where you take this $1.4 million dollars, if you decide to do that, where you distribute it from. I don't know if the motion on the floor is just to approve the distribution of the money under certain terms and then Augusta Commission would have time to work out those terms. Mr. Garrett: And also before I go, Mayor, Commissioner Davis is waiting to get in if Jeff is listening. Mr. Mayor: Yeah, she just texted me and I don't see what her device is. Mr. Garrett: Okay. Mr. Mayor: All right, everybody hold on. We've got commissioner from the 3'd in. All right, thank you, Commissioner Garrett. I'm going to go in this order. Commissioner from the 4n. Mr. Sias: Thank you, sir. I concur with assisting Paine College but I just want to be sure that we are doing it properly so I'm not making the motion at the moment but here's what I want to suggest as a motion. That we approve the process of assisting them today with the condition that they'll bring back a list and we can get it verified by our legal department that said this is the process of what they'll spend it on and we go from there and we can approve it on the condition that they bring back a list that needs to be approved or certified by our Law Department that says this is the right way, the correct way, the authorized way to spend it whether it's this kind of Carls money or that kind of Cares money. So that's my thought and suggestion as a motion. I'm not making it at the moment because I don't want to try to stifle any questions or debate. But that's what I would like to see put on the table. Mr. Mayor: All right, I'm coming back to the Mayor Pro Tem. Mayor Pro Tem. Mr. Frantom: And I agree with Commissioner Sias. I want to support Paine but like for us to get this email 15 minutes before a meeting, not know anything about it, not know and you knowihey supported, HPC ha6 been supported across the state and I want to support them but has anybody vetted the list or had any conversations with thern on the $ 1.4 and you know making sure like the process (inaudible) is good for this to happen. I mean again we still haven't heard from Finance either on the aspect of like what we have, how we're handling it, everything is good, clean, I mean, again,I think it's a lot on us to have to make this decision today when we got it five minutes before the meeting. Again, I fully support what Commissioner Sias said of vetting it and coming back and giving a recoflrmendation based on all the funds and knowing and kind of having a plan but I think we owe it to this community too to hear all the, now that it's out there, there's going to be other needs in other communities that might need it too. Augusta Tech, what if they need it? I just think we need to have a holistic conversation before we just go and vote for $1.4 million for Paine College today. So, thank you, Mr. Mayor. Mr. B. Williams: Mr. Mayor - Mr. Mayor: All right, hold on, commissioner from the 5ft. I'm going to the commissioner from the 6th. All right, he's fine, he waives. All right, commissioner from the 5ft. Mr. B. Williams: Yes, sir, what I want everyone to remember is that out there in our community Commissioner Marion Williams said this is the people's money. You've got to remember you've got a lot of Painites out there in our community helping to move our community forward so while this money belongs to a lot of Painites as I said before looking at the history of Paine College and what Paine College does for our community I think it's incumbent upon us to help assist Paine College to get to where they need to get and that is part of this Cares money should be forwarded to them so that they can continue to educate people in our community for programs and assistance in our community and bring forward a situation where Augusta can be and continue to be proud of Paine College because it's still there and not gone. I think back to situations we did with Augusta University. Didn't we give Augusta University (inaudible)? Did we not give a (inaudible) to Augusta University? Mr. Mayor: Commissioner from the 6ft. Mr. B. Williams: (inaudible). Mr. Mayor: Okay, commissioner from the 6ft, just hold on that. Commissioner from the 5ft continue. Mr. B. Williams: Well, we keep talking about motions and trying to move this forward. I want to make a motion that we approve this with the condition that they bring back a list to be approved by our Law Department. That's a motion. Mr. Fennoy: I second that motion. Mr. Mayor: All right, Madam Clerk, I've got a motion and a second. Mr. Frantom: Point of clarity. Mr. Mayor: All right. Commissioner from the l't. Mr. Fennoy: Mr. Mayor, first of all, employee retention is not employee raises. I was looking at a (inaudible) commercial and it talks about some (inaudible) in Monroe, Georgia that had it not been for the Cares Act they would have been able to feed their families and pay their rent. Well, people have families that work and support Paine College and I don't see any difference in helping them and I think that we should help them. But Paine has been in the City of Augusta for more than 130 years and we should do everything we can to make sure that they continue to exist and operate and operate fully. Mr. Mayor: Thank you. I think you've got an opportunity to decide that right now. All right, Mayor Pro Tem, you wanted it back. Mr. Frantom: Was the motion to approve a list but not necessarily the 1.4? Is that what I heard or is it to approve the $1.4 million? Mr. Mayor: To approve the $1.4 million subject to a review of the list as presented. Mr. Sias: Approval of the list by the Law Department and that way they can make any adjustments they need to make. Mr. Mayor: Madam Clerk. The Clerk: Yes, sir. Mr. Mayor: Voting. The Clerk: Mr. Clarke. Mr. Clarke: Read the motion one more time please. The Clerk: Okay. The motion is to approve Paine College funding request from the Cares Act subject to the review of the Law Department for $1.4 million dollars contingent again upon the list being vetted by the Augusta Law Department. Mr. Clarke: Yes. The Clerk: Ms. Davis. Ms. Davis: No, ma'am, at this time I'm not ready to move forward. The Clerk: Mr. Fennoy. Mr. Fennoy: Yes. The Clerk: Mr. Frantom. Mr. Frantom: No, ma'am. The Clerk: Mr. Garrett. Mr. Garrett: Yes upon approval by the Law Department. The Clerk: Mr. Hasan. Mr. Hasan: Yes, ma'am. The Clerk: Mr. Sias. Mr. Sias: Yes, ma'am. The Clerk: Mr. Bobby Williams. Mr. B. Williams: Yes, ma'am. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes, ma'am. The Clerk: Mr. Marion Williams. Mr. M. Williams: Yes on the condition only. Ms. Davis and Mr. Frantom vote No. Motion carries 8-2. Mr. Mayor: Madam Clerk, I think that concludes our special called meeting of which we will adjourn and then we will out of an abundance of caution for time we will reconvene the Septernber 1,2020 full Commission meeting at2:41p.m. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on September 1,2020. Clerk of Commission Commission Meeting Agenda 9/15/2020 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the Regular and Special Called Meetings held on September 1, 2020. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Award Letter Jason DeHart AUGUSTA-RICHMOND, COUNTY OF DONNA WILLIAMS 535 TELFAIR STREET, SUITE 8OO AUGUSTA, GA 30901 U.S. Department of Homeland Security Washington , D.C.20472 FEMA EMW-2020-FG-03174 Dear Jason DeHart, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the FiscalYear 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental(AFG- S) has been approved in the amount of $50,525.24 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $5,052.52tor a total approved budget of $55,577.76. Please see the FY 2020 AFG-S Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: . Summary Award Memo - included in this document. Agreement Articles - included in this document. Obligating Document - included in this document. FY 2020 AFG-S Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, LA., Christopher Logan Acting Assistant Administrator Grant Programs Directorate Summary Award Memo Program: Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental Recipient: AUGUSTA-RICHMOND, COUNTY OF DUNS number:073438418 Award number: EMW-2020-FG-031 74 Summary description of award The purpose of the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) is to provide funds for the purchase of PPE and related supplies, including reimbursements, to prevent, prepare for, and respond to coronavirus. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S)'s purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes forthis award (including Federal share plus your cost share, if applicable): Object Class Personnel Fringe benefits Travel Equipment Supplies Contractual Construction Other lndirect charges $0.00 $0.00 $0.00 $0.00 $55,577.76 $0.00 $0.00 $0.00 $0.00 Total Federal Non{ederal $50,525.24 $5,052.52 Total $55,577.76 Program lncome s0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. $ 200.308 and the AFG-S NOFO. Approved request details: Personal Protective Equipment (PPE) Gloves DESCRIPTION 300 boxes of 100 pack surgical gloves QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 300 $19.95 $5,985.00 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. Supplies DESCRIPTION Additional PPE items including gloves, respirators, masks, and gowns since January 1, 2020. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $12,049.09 $12,049.09 Supplies Respirators DESCRIPTION 20 Mask Respirator N95 per box QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 150 $20.72 $3,108.00 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. lsolation Gowns DESCRIPTION 1 48 individual tie-bacUisolation gowns QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 148 $2.87 9424.76 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equlpment to supplies. Supplies DESCRIPTION purchase of multiple disinfecting supplies including:Ventlab Bacterialfilters, cloth sanitizing wipes, Cavicide disinfectant, Vionex Anticirobial soap OUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $1,288.04 $1,288.04 SuPPlies Supplies DESCRIPTION 200 Purtabs 3.3 (Quart) Tablet 6 which are used in the requested Protexus Handheld ES Sprayer (PX200ES) disinfecting tool. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 20 $244'20 $4,884.00 Supplies CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. S+rpplies lneligible DESCRIPTION Lucas External Power Supply to power requested LUCAS chest compression devices QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 4 $332.35 g1,329.40 Equipment CHANGE FROM APPLICATION Item marked ineligible JUSTIFICATION The award reflects a reduction from the amount requested in the application. This reduction removes ineligible costs for supplies requested in the application. Sr*pplies !neligible DESCRIPTION Lucas 3, v3.1 Chest Compression System to reduce physicaltouching and environmental exposure risk of potentialCOVlD-19 patients, QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 4 $13,761.50 $55,046.00 Equipmenr CHANGE TN6TT/| APPLICATION Item marked ineligible JUSTIFICATION The award reflects a reduction from the amount requested in the application. This reduction removes ineligible costs for supplies requested in the application. Respirators DESCRIPTION 16 boxes of 20 N95 ResPirator masks QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 16 $20.72 $331'52 SuPPlies CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. Eye Protection DESCRIPTION 50 Secure Fit lsofluid Mask Per box OUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 60 $9'75 $585'00 SuPPlies CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies' Respirators DESCRIPTION 20 Mask Respirator N95 per box. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 25 $20.72 $518.00 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. Supplies DESCRIPTION Multiple thermometers and covers QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $718.90 9718,90 Suppties Supplies DESCRIPTION Protexus Handheld ES Sprayer (PX200ES) to disinfect apparatuses after potential and confi rmed COVID-1 9 cases. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 20 $750.00 $15,000.00 Supplies CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. Supp+ies lneligible DESCRIPTION Lucas 3 Battery - Dark Grey - Rechargeable LiPo to power LUCAS chest compression devices OUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 4 CHANGE FROM APPLICATION Item marked ineligible $641.75 $2,567.00 EquiPment JUSTIFICATION The award reflects a reduction from the amount requested in the application. This reduction removes ineligible costs for Supplies requested in the application. lsolation Gowns DESCRIPTION 1 49 individual isolation gowns QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 149 $2.87 g427.6g Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget ctass from equipment to supplies. Isolation Gowns DESCRIPTION 500 Astound Surgical Gowns QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 500 92.87 $1,435.00 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to suppries. lsolation Gowns DESCRIPTION 3,000 individual Astound Gown Surgical QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 3,000 $2'87 $8,610'00 Supplies CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. Suppties lneligible DESCRIPTION prevent (onsite) for Lucas 3, v3.1 Chest Compression System items including patient straps, stabilization strap, and suction cups' OUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 4 $683'40 $2,733'60 Equipment CHANGE FROM APPLICATION Item marked ineligible JUSTIFICATTON The award reflects a reduction from the amount requested in the application. This reduction removes ineligible costs for supplies requested in the application. Eye Protection DESCRIPTION 6 Boxes of Safety Glasses QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 6 914.97 $89.82 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Suppties JUSTIFICATION The award reflects a change in the budget class from equipment to supplies. Surgical Type Face Masks DESCRIPTION 1 Box of 50 Surgical face masks. OUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $ZS.SO $25.50 Suppties CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget crass from equipment to suppries. Eye Protection DESCRIPTION Secure Fit lsofluid Mask 50 Per box. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 10 $9.75 $97'50 SuPPlies CHANGE FROM APPLICATION Budget class from Equipment to Supplies JUSTIFICATION The award reflects a change in the budget class from equipment to supplies' Agreement Articles Program: FiscalYear 2020 Assistance to Firefighters Grant program - covlD-1g supplementalRecipient AUGUSTA-RtCHMOND, COUNTy OFDUNS number:07343g41g Award number: EMW-2020-FG_OSl 74 Table of contents Article Assurances, Administrative Requirements, cost Principles, Representations 1 and Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad ,4 ,Article Age Discrimination Act ol 1975 r5 Article Americans with Disabilities Act of 1990 6 . .. Article Best Practices for collection and use of Personally ldentifiable lnformation 7 (Pll) Article Civil Rights Act of 1964 - Title Vl I Article Civil Rights Act of 1968 I iArticle Copyright 10 Articte Debarment and SusPension 11 Article Drug-Free Workplace Regulations 12 Article DuPlication of Benefits 13 Article Education Amendments of 1972 (Equal opportunity in Education Act) - Title lx 14 Article Energy Policy and Gonservation Act ,15 ArticleFalseClaimsActandProgramFraudCivilRemedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article FIY America Act of 1974 19 Article Hotel and Motel Fire Safety Act of 1990 ,20 ArticleLimitedEnglishProficiency(civilRightsActofl964,TitteV!) 21 Article LobbYing Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith-Based organizations 24 Article 25 Article 26 Article 27 Article 28 Article .29 Article 30 Article 31 Article'32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Article 41 Article 42 Non-supplanting Requirement Notice of Funding Opportunity Requirements Patents and lntellectua! property Rights Procurement of Recovered Materials Rehabilitation Act of 1973 Reporting of Matters Related to Recipient lntegrity and performance Reporting Subawards and Executive Compensation SAFECOM Terrorist Financing Traflicking Victims protection Act ot 2OOO (TVPA) Universal ldentifier and System of Award Management (SAM) USA Patriot Act of 2001 Use of DHS Seal, Logo and Flags Whistleblower Protection Act Acceptance of Post Award Changes Prior Approval for Modification of Approved Budget Disposition of Equipment Acquired Under the Federal Award Environmental Planning and Historic preservation Article 1 Article 2 Assurances, Administrative Requirements, cost Principles' Representations and Certifi cations DH-S financial assistance recipients must complete either the Office of Management and Budget (oMB) Standard Form 4248. Assurances - Non- Constiuction Programs, or OMB Standard Form 424D Assurances -. . , Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office lOnS rnol may require applicants to certify additional assurances. Applicants arerequiredtoillouttheassurancesapplicabletotheirprogramasinstructedby the awarding agency. Please contact the DHS FAO if you have any questions' DHS financiil assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards located at Title 2, Code of Federal Regulations (c.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff' 1' Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the rig[t to examine and cOpy, records, accounts, and other documents and sour"es of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.3. Recipients must submit timely, complete, and accurate ieports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, daia collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Toolwithin thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (g6) aays from receipt of the DHS Civil Rights Evaluation Toolfrom DHS or its awarding component agency. Recipients are required to provide this information once erery two (2)years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only iequireo to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials to CivitnigfrtsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and reLted reporting requirements contained in the DHS Standard Terms and Conditions. Subrecifienis ate not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs'gov/publication/dhs- civil-rights-evaluation-tool. 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool' Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq'dhs'gov prior to expiration of the 30-daY deadline. Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federalfunds. Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No.94-135 (1975) (codified as amended at Titte 42, u.s. code, g 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Americans with Disabilities Act of 1990 Recipients must comply with the requirements of ritles l, ll, and lll of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.s.c. gS 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of pubtic accommodation, and certain testing entities. Best Practices for collection and use of personaily Identifiabte lnformation (P!l) Recipients who collect Pll are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the pll they collect. - DHS defines personally identifiable information (pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy lmpact Assessments: privacy Guidance and privaiy Template as useful resources respectively. Civil Rights Act of 1964 - Titte Vt Recipients must comply with the requirements of Tifle Vl of the Civil Rights Act of1964 (codified as amended al42 u.s.c. S 2000d et seq.), which provides that noperson in the United states will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected iodiscrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 c.F.R. part 21 and 44 C.F.R. Part7. Article 9 Article 10 Article 11 Article 12 Article 13 Civi! Rights Act of 1968 Recipients must comply with Title Vlll of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familialstatus, and sex (see 42 U.S'C. S 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individualapartment units (allunits in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. SS 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000, These regulations restrict federalfinancial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U'S.C. SS 8101-8106). Duplication ol Benefits Any cost allocable to a particular federalfinancial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federalfinancial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Education Amendments of 1972 (Equal opportunity in Education Act) -Title lX Recipients must comply with the requirements of ritle lX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 u.s.c. S 1681 et seq.), which provide that no person in the United states will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federalfinancialassistance. DHS implementing regulations are codified at 6 C.F.R. Parl17 and 44 C.F.R. Part 19. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy policy and conservation Act, Pub. L. No.94- 163 (1975) (codified as amended at 42 U.s.c. S 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False claims Act, 31 u.s.c. SS 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (see 31 u.s.c. $$ 3801-3g12, which details the administrative remedies for false claims and statements made.) Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt' Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.o. 19513, including conducting initiatives described in Section 3(a) of the order when on official government business or when performing any work for or on behalf of the federal government. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air carriers (air carriers holding certificates under 49 U.S.C. S 41 102) for international air transportation ofpeople and property to the extent that such service is available, in accordance with the lnternationalAir Transportation Fair Competitive Practices Act o11974, 49 u.s.c. S 401 18, and the interpretative guidelines issued by the comptroller General of the United states in the March 3i, 1991, amendment to comptroller General Decision B-1 38942. Hotel and Mote! Fire Safety Act of 1990 ln accordance with section 6 of the Hotel and Motel Fire safety Act of 1990, 15u.s.c. $ 2225a, recipients must ensure that alt conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevenlion and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. S 2225.) Article 21 Article 22 Article 23 Article 24 Article 25 Limited English Proficiency (Civil Rights Act of 1964, Title Vl) Recipients must comply with Title Vl of the civil Rights Act of 1964, (42 U.S.C. S 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable Steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https//www.dhs.gov/guidance- published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Lobbying Prohibitions Recipients must comply with 31 U.S.C. S 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. S 4321 et seq.)and the Councilon EnvironmentalQuality (CEO) Regulations for lmplementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federalsources. Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Notice ot Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Patents and lntellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. g 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federalfinancialassistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. $ 401 .14. Procurement of Recovered Materials States, political subdivisions o, states, and their contractors must comply with Section 6002 of the Solid Waste DisposalAct, pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Acl,42 U.S.C. S 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EpA) at 40 c.F.R. Parl247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-1 12 (1979), (codified as amended at 29 U.S.C. S 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Reporting of Matters Related to Recipient lntegrity and performance lf the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds 910,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government- wide Award Term and Condition for Recipient lntegrity and Performance Matters located at 2 c.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions. Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive compensation located at 2 c.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 SAFECOM Recipients receiving federalfinancial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. S 7104. The award term is located at 2 C.F.R. $ 175.15, the full text of which is incorporated here by reference. Universa! ldentifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal ldentifier Requirements located at 2 C'F.R. Parl25, Appendix A, the full text of which is incorporated here by reference. usA Patriot Act of 2001 Recipients must comply with requirements of Section 817 ol the Uniting and Strengthening America by Providing Appropriate Tools Required to lntercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub' L. No. 107-56, which amends 18 U.S.C. $$ 175-175c. Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard oficials. Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C S 2409,41U.S.C. S 4712, and 10 U.S'C. S 2324, 41 U.S.C. S$ 4304 and 4310. Article 39 Article 40 Article 41 Acceptance of Post Award Changes ln the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD CallCenter at (866) 927-5646 or via e-mailto ASK-GMD@dhs.gov if you have any questions. Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approvalfrom DHS/FEMA where required by 2 C.F.R. S 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. $ 200.308(e) regarding the transfer of lunds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approvalfrom DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Disposition of Equipment Acquired Under the Federa! Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you musl request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. S 200.313. Article 42 Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements. Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize Federal funding.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood lnsurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmentaland Historic Preservation (EHP) screening form and instructions go to the DHS/FEMA website at: https://www.fema.gov/media-library/assets/documents/901 95. ln order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD)along with allother pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds.lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass{hrough entity, if applicable, and DHS/FEMA. Obligating document l.Agreement 12. Amendment j3. Recipient iC. Type of j5. Controt No.No. lNo. Ino. llction lwxoszr8N2o2EIvrw-2020-FG- lN/A lsazzo+zt+ lnwnno I 6. Recipient Name and Address AUGUSTA-RICHMOND, COUNTY OF 535 TELFAIR ST AUGUSTA, GA 30901 7. lssuing FEMA Otfice and Address Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528- 7000 1-866-927-5646 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient Project Officer Jason DeHart 9a. Phone No. 2068251 076 10. Name of FEMA Project 110a.Coordinator lPhone No. AssistancetoFirefighters ll-AAO-ZI+- Grant Program iogoo 11. Effective Date of This Action 0812612020 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 0910212020 to 0910112021 Budget Period 0910212020 to 0910112021 15. Description of Action a. (lndicate lunding data for awards or financial changes) Program Name Abbreviation Assistance Listings No. Accounting Data(ACCS Code) Prior Total Award Amount Awarded Ihis Action + cr (-) Current Total Award Cumulative Non-Federal Gommitmenl AFG 97.044 2020-FC- GBO1 - P431-xxxx- 4101-D $0.00 $50,525.24 $50,525.24 $5,052.52 b. i-o d;;rG itranges otGi schedule and check here: N/A loren-NeN -ptS,stER rnec-RArrt5tnEerr=Nf iS REeEmEp Te steN- f+eragercss) This field is not applicable for digitally signed grant agreements 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) 8. FEMA SIGNATORY OFFICAL (Name and Title) er Logan, Acting Assistant Administrator Grant Directorate DATE 08t26t2020 AUGUSTA GEORGIA New Grant ProposaUApp lication Bcforc r Dcpartment/egcncf m.y apply for thc grroUrwerd on behrlf of Auguttr Richmond County, they muet firrt obtaio rpprovel rigueture from lhe Admhirtrrtor rnd tte Flnrnce llirector. The Adminirtrator wlll obtrln lnforrrtlon on the grrni progrrm and rcquiremeatr fror the fundlng sgency rnd review thece for feadblllty to d€terninc if thls granUawrd will benefit Augrrta Rlchmond County. Ihc Flnrnce Dlrector will rcview tbe furding regulrement to dctermino llthe grrnt wlll fit withln our budget structure md finencirl goalr. Proposal ProJect No. Proiect Title '---mcFiscaiYcarTF$-z-ilzoT.ssistancetoFiETiliIiilGtPrognm*CEW:19 Supplemental (AFG-S) is a supplememtal funding opportunity undcr the Assi*ancc toFirefightcrs Grant hogram (AFG).The AFG-S Program accomplishcs this by providing lirnncial assistancc directly to eligible fire deparments, nonaffiliated cmcrgcncy mcdical service (NAEMS)organizations, and State Firc Training Acadsrnies (SFTA) for critical Posonal Protective Equipmant Personal Protectivc Equipmcnt and supplics needed to prevent, prepare for, amd rapond to the COMD-!9 public health cmcrgency. Local match rcquircd: l0% (or $10,659.43) ftom2?4034110-5311420 EEO required (YN): N F.EO Departmenl Notified: N Strrt Date: 07/0112020 Submlt Date: g1/t5/2020 Total Budgeied Amourt: 117,253.76 !q GMIO35 1'tPe _pJ- End Drte: lz3l/2020 Ilepartmetrtr 034 Totrl Fuudiog Agcncy: REGE[VtEIE ADMINISTRAMR'S OFFICE JUN 0 g 2020 AUGUSTA-RICIIMOND COUNfi Firc Casb Mrtch? Y 106,594.33 Total CasD Matchr I0,659.43 f,'low Thru ID: Sponsor: GM00l6 Fcderal Emergency Management SponsorType: 1' FederalPltoIt tA Emcrgency Scrvicc . _Contects Type I Name A t^ PboneAt- L_/ ', Ytt ;hl- Date epIiovitC Dept, Sigmturc: Grent Coordinator Slgnrtirre: JDlYcl l -JaSon Uenan Prge GMI 0O0_PROPOSAL - GM I 000: Crants Managcment: r Urrr: Repoa: Crrrcnt Drtc: CrnotTlmr: (xn2n020 l0O8:48 AUGUSTA5 GEORGIA l.) I havc reviewed thc Granl application ana "n"to*"a."d;;;;d;-yFind the grant/award to be fcasible to thc ne€ds of Augusta Richmond county o Day thc requcst \.1 2.) J have reviewcd thc Grant application and ancloscd materials and: [Appror. the Deparurent Agcncy to move fonrard with thc application Thit form will elso bc ured to provide the erterarl auditorc with ioforordou or rll grrutr for compllruce rndcerdficatioa rrquirtments rr requrred by thc stete end Fcde*r Governmcnl New Grant Proposal/Application Bcforc r Depantmeourgency mly appty for the gmouewrrd on bohdf of AugrrreRichmold couaty, ttcy trrust ftrrt obtrtn rpprovdslgnrturc from thc Admlnislrator ud the Firenl:e llircctor. The Adminfurrtor rilt obtrlo luform"loo on tte graat progrrm rndrequlrerents flom the fundlng rgency rnd revlem thecc rgr re$runrty to Jelrrne lf thir grenurwerd wlll bcDcfit algurar m:j.::Tfl";:l[ X.H:* Diroclor will revlew tie fundlng ,"qri."-.or to oererurn-e irtre grrnt win fir wi6io our budgcr lroporal ProJect No. proJcct Tttlc Urrr: Rcporr: tDl9477 - Jason Dehart - ?.g. GM I 0OO_PROPOSAL - GM I 000: Cranrs Maragem€nt: 2 Curr.!t Daaei CurrcDt Tim.: 06talr2020 l0:08:{B Commission Meeting Agenda 9/15/2020 2:00 PM Assistance to Firefighters Grant COVID-19 Supplemental Department:Fire Department:Fire Caption:Motion to approve the Augusta Fire Department to accept $50,525.24 of funding from the FEMA Assistance to Firefighters sponsored COVID-19 grant and use $5,052.52 from the Fire Department's operating budget to meet the grant's 10% cost share requirement. Background:FEMA, through the Assistance to Firefighters Grant, created a supplemental grant to reimburse and provide funding to Fire Departments for COVID-19 related expenses. On May 15th, the Augusta Fire Department/EMA submitted an application with a total expense of $50,525.24. On September 2, FEMA alerted Augusta Fire/EMA the entire application had been awarded to the Department and has 30 days from the notification date to accept the funding. Analysis:To reimburse all costs between January 1, 2020 to the application date of May 15, 2020 that were associated with personal protective equipment in response to the COVID-19 pandemic. The award also allows Augusta Fire/EMA to build a stockpile of PPE for future use, and purchase disinfecting equipment to reduce COVID-19 exposure risk for firefighter/EMTs. These noted expenditures were not originally budgeted, nor considered, when the 2020 budget was set. Financial Impact:The cost-share requirement for the grant is 10% of the total awarded amount. Augusta Fire/EMA would use $5,052.52 from its operating budget to meet the cost share requirement and receive a surplus of $45,471.72 to its budget. Alternatives:Decline the award. Recommendation: To approve the motion allowing the Augusta Fire Department to accept the funding from the Assistance to Firefighters - COVID- 19 grant and use monies from Augusta Fire Department's operating budget to meet the cost-share requirement. Funds are Available in the Following Accounts: Local matching funds are available in the Fire Department Operational budget. Grant org key will be set up when the award is accepted. REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Alcohol Application A.N. 20-35 Department: Department: Caption:Motion to approve Existing Location: A.N. 20-35: request by Shreeraj J. Patel for a retail package Beer & Wine License to be used in connection with GURU 98, LLC dba Circle K located at 3434 Wrightsboro Rd. District 5. Super District 9. (A request from the Planning & Development Department to add. (No fault of the applicant) The application has been approved by R.C.S.O. & Planning & Development. At the present time they have no known objectors to this application. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree NW Atlanta, GA 30308 (404) 631-1990 Main Office July 31, 2020 The Honorable Hardie Davis, Jr., Mayor Augusta, GA 535 Telfair Street, Suite 300 Augusta, GA 30901 In Re: FTA 5303 – FY2021 Transit Planning Assistance Project Number – T006013 Contract Amount- $157,977.00 Dear Mayor Davis: Enclosed for execution by Augusta, GA is an electronic contract for FY 2021 – FTA 5303 Metropolitan Planning Program. The project contains 80% federal funds in the amount of $140,424.00, a 10% State match in the amount of $17,553.00, and a 10% Local match in the amount of $17,553.00. Instructions on how to complete the electronic contract have been attached for your convenience. Please refer to these instructions as needed to complete the electronic process. After the contract has been fully executed, the Department will issue an electronic notification indicating the contract process has been completed along with a copy of the executed contract. The contract is not valid until your agency receives a written “Notice to Proceed” from GDOT’s Intermodal office. Augusta, GA must comply with all applicable FTA regulations, policies, procedures and directives, specifically CFR 4220.1F as it relates to third-party contracting and procurement. If you have further questions, please do not hesitate to contact your Transit Planner, Charles “Ryan” Walker, at (404) 347-0545. Sincerely, Kaycee Mertz Interim Transit Program Manager KM:pd Enclosures DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 ELECTRONIC CONTRACT PROCESSING INSTRUCTIONS The Department will send via email the electronic contract to [Reviewer #1] for review. Once [Reviewer #1] has reviewed the document, the contract will automatically forward to the Chairperson, Mayor, Executive Director, Sole Commissioner, or City Manager’s office for signature & county/city seal. Once the authorized official’s signature & seal has been loaded onto the pages, the system will prompt to select “adopt and sign” then “finish”. The system will automatically send the contract to the designated witness for signature. Once the designated witness has signed, the system will then automatically send the contract to the Notary to upload his/her signature and notary seal to complete the agreement. The signature and seal will have to be on a single line. NOTE: To save the signature and seal, take a white sheet of paper, sign it and affix the seal adjacent to the signature. Scan the signature and seal and save to the desktop or take a picture of the signature and seal using a cell phone camera and send to email to save on desktop. The County/City “Seal” is required on this document. Next, the system will give an option to “upload” the signature and the county/city “Seal.” The signature and county/city seal have to be uploaded together, as one document, and will need to be in a .jpeg or .bmp format. A .pdf format is not acceptable. Once the signature and seal have been uploaded successfully, the system will prompt to select “adopt and sign” then “finish.” To assist you further, there is also an instructional video on how to upload the County/City Seal. Please use this link to view: http://www.dot.ga.gov/PS/Training/ElectronicSignature Once the signatures and seals have been successfully uploaded, the contract will be electronically returned to GDOT to complete the execution process. If there are any questions or if clarification is needed, please call our office BEFORE selecting “Adopt and Sign.” There is a “Cancel” button to select that will allow the contract to be saved for later. Selecting “Adopt and Sign” before the signature and seal is attached will cause the contract to be “rejected” and the entire electronic contract signing process will have to be started again from the beginning. DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 1 AGREEMENT FOR SECTION 5303 - TRANSIT PLANNING ASSISTANCE BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND AUGUSTA, GA PROJECT ID NUMBER: T006013 This Agreement made and entered into this _____ day of ___________________, ______, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT" and the AUGUSTA, GA hereinafter called the "SPONSOR". WHEREAS, the DEPARTMENT desires to carry out certain transit or desires to carry out certain transit planning activities hereinafter referred to as the "PROJECT" as described in the AUGUSTA, GA FY 2021 Unified Planning Work Program (UPWP); and WHEREAS, this type of planning has a profound impact upon the development of the total organized transportation services in the State of Georgia; and WHEREAS, the DEPARTMENT desires to promote such planning and development through its participation in such planning; and WHEREAS, under Section 32-9-1(b) of the Official Code of Georgia, Annotated, the DEPARTMENT is authorized to participate in such an undertaking; and WHEREAS, in a letter to the Federal Transit Administration (hereinafter called the “FTA”) and Federal Highway Administration (hereinafter called the “FHWA”) dated January 24, 1979, the governor, as Chief Executive of the State designated the DEPARTMENT as his representative on transportation matters in Georgia and as the recipient agency for FTA Section 5303 funding; and WHEREAS, the SPONSOR has stated that transit financial assistance is needed for transportation services in its urbanized areas, and it would, therefore, perform certain duties and provide resources in order to receive said Section 5303 Funds; and WHEREAS, upon receipt of the SPONSOR'S Work Program, the DEPARTMENT did review said work program and the DEPARTMENT did file with the Office of Federal Transit Administration (FTA), on behalf of the SPONSOR, a request for approval for funding of Planning Assistance to the AUGUSTA, GA FY 2021 Unified Planning Work Program. DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 9/8/2020 2 NOW THEREFORE, for and in consideration of the mutual promises and covenants made, it is agreed by and between the DEPARTMENT and the SPONSOR: ARTICLE I SCOPE AND PROCEDURE This Agreement covers the obligations of the DEPARTMENT and the SPONSOR in connection with the FTA granting Section 5303 funds to the DEPARTMENT to be used for planning assistance in the AUGUSTA, GA area, the terms and conditions of said funding as agreed to in the SPONSOR’s FY 2021 – 5303 APPLICATION for funding assistance, on file at the DEPARTMENT and incorporated as if fully set out herein. The SCOPE AND PROCEDURE for this PROJECT shall be that as described in the AUGUSTA, GA’S FY 2021 Unified Planning Work Program, on file at the DEPARTMENT. The SPONSOR shall perform the services to accomplish the work as stated in the aforementioned Unified Planning Work Program and shall do so under such control and supervision by the DEPARTMENT as the DEPARTMENT may deem appropriate. ARTICLE II COVENANT AGAINST CONTINGENT FEES The SPONSOR shall comply with all relevant Federal, State, and Local laws. The SPONSOR warrants it has not employed or retained any company or person, other than a bona fide employee working solely for the SPONSOR to solicit or secure this Contract, and it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE III EMPLOYMENT OF DEPARTMENT’S PERSONNEL The SPONSOR shall not employ any person or persons in the employ of the DEPARTMENT for any work required by the terms of this Contract, without the written permission of the DEPARTMENT except as may otherwise be provided for herein. ARTICLE IV CODE OF ETHICS DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 3 No member, officer, or employee of the SPONSOR during his tenure or one year thereafter shall have any interest, direct or indirect in this Agreement or the proceeds thereof The SPONSOR agrees to maintain a written code or standards of conduct that shall govern the actions of its officers, employees, board members, or agents engaged in the award or administration of third party contracts, sub-agreements, or leases financed with Federal/State assistance. ARTICLE V REVIEW OF WORK Authorized representatives of the DEPARTMENT and Federal Government may during normal office hours review and inspect the PROJECT activities, data collected, and financial records of the SPONSOR pertaining to the PROJECT. All reports, drawings, studies, specifications, estimates, maps, and computations prepared by or for the SPONSOR shall be made available to authorized representatives of the DEPARTMENT and representatives of the Federal Government for inspection and review during normal office hours in the general office of the SPONSOR. Acceptance shall not relieve the SPONSOR of its professional obligation to correct, at its expense, any of its errors in the work. ARTICLE VI AUTHORIZATION AND APPROVAL TIME IS OF THE ESSENCE TO THIS AGREEMENT. The SPONSOR shall initiate the work called for in the AUGUSTA, GA’S FY 2021 Unified Planning Work Program on July 1, 2020.The work outlined therein shall be completed no later than June 30, 2021. It is understood and agreed this Agreement is contingent upon FTA approval of the funding assistance and distribution as described in EXHIBIT A – PROJECT SUMMARY for this project and that any payment to the SPONSOR by the DEPARTMENT will be made subject provisions set forth in ARTICLE VIII. ARTICLE VII RESPONSIBILITY FOR CLAIMS AND LIABILITY To the extent provided by law, the SPONSOR and its subrecipients shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents, and employees, from all suits, claims, actions, or damages of any nature whatsoever resulting from the negligence of the SPONSOR and its subrecipients in the performance of work under this Agreement. Further, the SPONSOR and its subrecipient agrees to hold harmless the DEPARTMENT from suits, claims, actions, or damages of any nature whatsoever by any person, firm, corporation, or governmental body resulting from any defective equipment or material purchased by the SPONSOR and its subrecipients under this Agreement or DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 4 from the installation and operation thereof or from operation of equipment and materials already owned by the SPONSOR and its subrecipients. ARTICLE VIII COMPENSATION It is understood and agreed that the total estimated cost for providing the transit planning assistance as shown in EXHIBIT A - PROJECT SUMMARY, which is attached hereto and made a part of this Agreement as if fully set out herein, is ONE HUNDRED SEVENTY FIVE THOUSAND FIVE HUNDRED THIRTY DOLLARS and 00/100 ($175,530.00). The SPONSOR'S total estimated share is SEVENTEEN THOUSAND FIVE HUNDRED FIFTY THREE DOLLARS and 00/100 ($17,553.00) or ten percent (10%) of the total planning cost. For the purposes of the DEPARTMENT'S maximum obligation for the SPONSOR'S transit planning program, if the total estimated cost as shown in EXHIBIT A is less than $175,530.00 then the DEPARTMENT shall be required to pay only ninety percent (90%) of the total actual cost up to a maximum of ONE HUNDRED FIFTY SEVEN THOUSAND NINE HUNDRED SEVENTY SEVEN DOLLARS and 00/100 ($157,977.00) in an amount equal to eighty percent (80%) FTA funds and ten percent (10%) DEPARTMENT funds. The DEPARTMENT will pay to the Sponsor for the performance of this Contract an amount equal to 90% of such direct and indirect costs as are incurred by the SPONSOR and are chargeable to the PROJECT under generally accepted principles and as allowed in Federal Acquisition Regulations Sub-Part 31.6, and not prohibited by the Laws of the State of Georgia. The direct costs shall include salaries and wages, the cost of materials and supplies, travel, and other miscellaneous direct costs incurred by the SPONSOR and approved by the DEPARTMENT. The validity of the direct and indirect costs may be verified from the cost records of the SPONSOR by authorized representatives of the DEPARTMENT as the work progresses, and in any event, before final settlement of the SPONSOR'S costs under the Contract or Amendments hereto. The cost of any non-expendable tools, instruments, or equipment used in the execution and performance of the PROJECT shall not be an allowable cost when such items are of the nature and kind of tools, instruments or equipment normally and generally used in an office or laboratory. The rate of compensation for work performed on this PROJECT by a professional staff member or employee of the SPONSOR shall not exceed the salary rate of such person that is applicable to its other activities for the SPONSOR. Charges for salaries and wages of individuals will be supported by time and attendance and payroll distribution records. Premium pay for overtime, extra pay-shifts, and multi-shift work are not reimbursable under this Agreement unless such costs are included in the Project Summary in EXHIBIT A – PROJECT SUMMARY or unless costs have been given prior approval by the DEPARTMENT. No expense for travel outside the State of Georgia shall be allowed under this Contract unless such travel is approved in writing in advance by the DEPARTMENT. In addition, allowable costs for travel within the State of Georgia shall be limited to the amount included in the Project Summary in EXHIBIT A – PROJECT SUMMARY, or when prior written approval by the DEPARTMENT is obtained for increasing such amount. The DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 5 SPONSOR warrants that the billings rendered under the terms of this Agreement shall include the work performed only within the State of Georgia. The SPONSOR shall submit to the DEPARTMENT properly documented invoices which indicate the progress of the work and the percentage of the total work accomplished to the date of the invoices. The DEPARTMENT will then make partial payment or final payment based upon the percentage of total work accomplished, and approved by the DEPARTMENT, as specified in ARTICLE X, PARTIAL PAYMENT and FINAL PAYMENT. It is further understood and agreed that any line item shown in EXHIBIT A – PROJECT SUMMARY may be increased or decreased without the execution of a Supplemental Agreement, provided that the DEPARTMENT'S total maximum obligation under this agreement is not changed, if said change is requested in writing by the SPONSOR and approved in writing by the DEPARTMENT. The DEPARTMENT’S maximum obligation, $157,977.00, as set forth above is funded by the FTA and the State of Georgia. No entity of the State of Georgia other than the DEPARTMENT has any obligations to the SPONSOR related to this project. This agreement does not obligate the DEPARTMENT to make any payment to the SPONSOR from any funds other than those made available to the DEPARTMENT from the FTA and the State of Georgia. The obligation of the DEPARTMENT to pay or reimburse the SPONSOR is expressly limited to the amount of funds remitted to the DEPARTMENT by the FTA. Payments of invoices will be contingent upon the receipt of funds from the FTA, and therefore the DEPARTMENT does not make any commitment to the SPONSOR as to the timing of when payment to the SPONSOR will be made. In the event the funds made available to the DEPARTMENT by the FTA are insufficient for the project, the DEPARTMENT’s payment obligations shall not exceed the availability of such FTA funds and the DEPARTMENT shall have the right at its sole discretion to terminate this agreement immediately upon notice to the SPONSOR without further obligation of the DEPARTMENT. ARTICLE IX SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the PROJECT under this Agreement, the DEPARTMENT materially alters the scope, character, complexity or duration of the PROJECT from those required under the Agreement, a Supplemental Agreement may be executed between the parties. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by either the DEPARTMENT or the SPONSOR with written approval by the other party. ARTICLE X PAYMENTS DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 6 A. PARTIAL PAYMENT The SPONSOR shall submit to the DEPARTMENT monthly invoices of the Planning costs applicable to this agreement incurred during the period of this Agreement and submit to the DEPARTMENT itemized vouchers stating, in reasonable detail, the actual expenses incurred by the SPONSOR on the PROJECT for the voucher period as well as a specific designation and certification of receipt of the item or items purchased as listed in ARTICLE I. Upon the basis of its review and approval of such vouchers, the DEPARTMENT will, at the request of the SPONSOR, make payment to the SPONSOR pursuant to this ARTICLE as the PROJECT progresses but not more than once a month. Payments will be made by the DEPARTMENT for expenses incurred by the SPONSOR, less any previous partial payments, for any item and for each item specified in the voucher and which is specifically set for in ARTICLE I. It is agreed that under no circumstances will the DEPARTMENT be responsible or obligated to pay to the SPONSOR more than the amounts specified in Article VIII, Compensation, covered under this Agreement. The SPONSOR further expressly agrees that the DEPARTMENT may set-off against the partial payment provided hereunder, an amount equal to that amount which has been identified by either state or federal audit as an unallowable expenditure in any contract between the SPONSOR and the DEPARTMENT on which payments have been made, subject to final audit. B. FINAL PAYMENT AND PROJECT CLOSEOUT If a final monthly invoice is not received by the DEPARTMENT within ninety (90) days after the contract expiration date, the DEPARTMENT may at its discretion consider the last invoice submitted by the SPONSOR as the final invoice and may proceed with final close out proceedings. In completing the final close out, the DEPARTMENT may set-off against any remaining balance in any contract between the DEPARTMENT and SPONSOR an amount equal to the unallowable expenditure as provided for herein, under Partial Payment. If any costs covered under the terms of this Agreement are disallowed by either the DEPARTMENT or FTA, the SPONSOR, and not the DEPARTMENT or FTA shall be responsible for such disallowed costs. Upon approval of the final invoice by the DEPARTMENT, the DEPARTMENT will pay any remaining balance of compensation it owes the SPONSOR, not to exceed the DEPARTMENT’S maximum obligation set out in Article VIII. The SPONSOR agrees that the acceptance of this final payment shall be in full settlement of all terms stated under this Agreement and shall release the DEPARTMENT from any and all other claims of whatever nature whether known or unknown, for and on account of said Agreement. DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 7 IT IS FURTHER AGREED that the SPONSOR shall submit to the DEPARTMENT, if applicable, an audited financial invoice reflecting all eligible costs incurred for the SPONSOR'S public transportation planning services. The audit shall be performed by an independent auditor or audit firm and shall conform to the Federal Office of Management and Budget Uniform Grant Guidance, 2 CFR Part 200. The DEPARTMENT, at its discretion, may accept the independent audit or conduct its own audit. C. APPROVAL OF SUBCONTRACTS The DEPARTMENT reserves the right to review all subcontracts prepared in connection with the Agreement, and the SPONSOR agrees that it shall submit to the DEPARTMENT prepared estimates for the DEPARTMENT'S review and written concurrence in advance of their execution. All Contracts shall provide that subcontracts exceeding $10,000.00 in cost shall contain all the required provisions of the prime Contract. D. PROMPT PAYMENT OF SUBCONTRACTORS/DBEs The SPONSOR agrees to pay each subcontractor or DBE Subcontractor (and extends to any second-tier contract) under this FTA Funded Agreement for satisfactory performance of its subcontract no later than thirty (30) days from receipt of each payment the SPONSOR receives from the DEPARTMENT’s FTA funded transit program (“GDOT TRANSIT PROGRAM”). Any disputes that arise regarding payment to any subcontractor after the satisfactory completion of work may be brought to the attention of the GDOT TRANSIT PROGRAM, who will make a determination whether there was good cause. Any delay of payment from the above-referenced time frame may occur only for good cause following written approval from the GDOT TRANSIT PROGRAM. This clause applies to both DBE and non-DBE subcontractors. Failure by the SPONSOR to carry out the requirements of prompt payment without just cause, is a material breach of this Agreement with the Georgia Department of Transportation and may result in the GDOT TRANSIT PROGRAM withholding payment from the SPONSOR until all delinquent payments have been made (no interest will be paid for the period that payment was withheld, when applicable), termination of this Agreement, or other such remedy as the GDOT TRANSIT PROGRAM deems appropriate. Additionally, the SPONSOR is discouraged from withholding retainage from subcontractors, but if done, any retainage payments should be made within 30 days of satisfactory completion. ARTICLE XI SUBCONTRACTING AND ASSIGNMENT A. SUBCONTRACTING OF SERVICE DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8 The SPONSOR agrees it will not engage, sub-contract or otherwise pass through funding authorized by this Agreement to any operator of public transportation services without the specific written consent of the DEPARTMENT. Such Agreement shall be a written Contract between the SPONSOR and the operator and be approved as to form and content by the DEPARTMENT. B. ASSIGNMENT AND NO FEDERAL GOVERNMENT OGLIGATIONS TO THIRD PARTY AGREEMENTS Unless otherwise authorized in writing by the DEPARTMENT, the SPONSOR shall not assign any portion of the work to be performed under this Agreement, or execute any Contract, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the DEPARTMENT. The Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, SPONSOR or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. ARTICLE XII CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. ARTICLE XIII TERMINATION FOR CAUSE AND FOR CONVENIENCE The Department reserves the right to terminate this Agreement at any time upon thirty (30) days written notice to the SPONSOR notwithstanding any just claims by the SPONSOR. The Termination for cause and convenience shall extends to all third-party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. ARTICLE XIV COMPLIANCE WITH APPLICABLE STATE LAWS A. The undersigned certify that the provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated, relating to Conflict of Interest, have been complied with in full. B. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors and third-party operators to comply with requirements in GEORGIA DEPARTMENT OF TRANSPORTATION, EXHIBIT B, CERTIFICATION OF SPONSOR, COMPLIANCE WITH STATE AUDIT REQUIREMENT, attached hereto and made a part of this Agreement as if fully set out herein. DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 9 C. IT IS FURTHER CERTIFIED that the provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "DRUG-FREE WORKPLACE Act" have been complied with in full, as stated in EXHIBIT C of this Agreement. D. IT IS FURTHER agreed that the SPONSOR shall comply with and require its consultants to comply with the requirements in GEORGIA DEPARTMENT OF TRANSPORTATION, EXHIBIT D, GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT. E. IT IS FURTHER AGREED that the SPONSOR shall comply and require its subcontractors to comply with the “SPECIAL PROVISION,” requirements in accordance with Executive Order No. 13153, Federal Leadership on Reducing Text Messaging while Driving October 1, 2009, U.S.C.A. 402 note, http://www.gpo.gov/fdsys/pkg/FR-2009-10-06/htmlE9-24203.htm and DOT Order 3902.10 Text Messaging December 30, 2009 located at http://www.dot.gov/sites/dot.dev/files/doc/FAPL_2010-01.pdf incorporated by reference and made a part of this Agreement as if fully set out herein. F. The SPONSOR shall comply with the provisions of Section 16-10-6 of the Official Code of Georgia Annotated relating to elected officers of a political subdivision who sell any personal property to political subdivisions of there are officers. G. Pursuant to O.C.G.A. Sec. 50-5-85, SPONSOR hereby certifies that it is not currently engaged in, and agrees that for the duration of this contract, it will not engage in a boycott of Israel. H. It is FURTHER AGREED that the SPONSOR shall comply and shall require its contractors, subcontractors and consultants to comply with the requirements of the State of Georgia’s Sexual Harassment Prevention Policy as described in Exhibit J which is hereby made a part of this Agreement as if fully set out herein. I. The SPONSOR agrees that it will comply with the State Management Plan and any other guidance that the Department may promulgate from time to time. ARTICLE XV COMPLIANCE WITH APPLICABLE FEDERAL TRANSIT ADMINISTRATION CLAUSES A. The SPONSOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. B.SPONSOR shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the current Master Agreement between the DEPARTMENT and FTA, as they may be amended or promulgated from time to time during the term of the contract. SPONSOR's failure to comply shall constitute a material breach of the DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 10 contract. C.Civil Rights Requirements a)Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. SPONSOR shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. b)Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: Race, Color, Religion, Gender Identity, National Origin, Sex, Sexual Orientation - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, SPONSOR shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. SPONSOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to Race, Color, Religion, Gender Identity, National Origin, Sex, and Sexual Orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, SPONSOR shall comply with any implementing requirements FTA may issue. c)Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, SPONSOR shall refrain from discrimination against present and prospective employees for reason of age. SPONSOR shall also comply with any implementing requirements FTA may issue. d)Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, SPONSOR shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 11 Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. SPONSOR shall also comply with any implementing requirements FTA may issue. SPONSOR shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary, to identify the affected parties. D. The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. E. The SPONSOR agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. The SPONSOR shall comply and require its consultants or third-party operator to comply with the requirements of 49 U.S.C. Section 5333(b), Labor Standards as more specifically referenced in U.S. Department of Labor correspondence dated August 2, 2010, incorporated by reference as if fully set out herein. G. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). H. For all contracts that involve the employment of mechanics or laborers, the SPONSOR shall comply with the Prevailing Wage Requirements, Anti-Kickback” Prohibitions, and Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 37013708), as supplemented by the DOL regulations at 29 C.F.R. part 5. I. The SPONSOR agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities. J. According to 49 CFR Part 605, a SPONSOR is prohibited from providing school bus service in competition with private school bus operators unless the service qualifies and is approved by the Federal Transit Administration (FTA) Administrator under an allowable exemption. K. Disadvantaged Business Enterprise - The SPONSOR, subrecipient or subcontractor shall not discriminate on the basis of Race, Color, Religion, Gender Identity, National Origin, Sex, Sexual Orientation in the performance of this contract. The SPONSOR shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 12 SPONSOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the SPONSOR from future bidding as non-responsible. 49 C.F.R. § 26.13(b). L. SPONSOR shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. SPONSOR shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. M. The SPONSOR agrees to comply with the current Federal substance abuse regulations: (a) Drug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants), " 49 C.F.R. Part 32, that implements the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA Regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable. (b) Participate in Agency’s drug and alcohol program established in compliance with 49 CFR 653 and 654. The covenants herein contained shall except as otherwise provided accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 13 IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION BY: AUGUSTA, GA: __________________________________ BY: ________________________(SEAL) Commissioner (SEAL) Title: _______________________ ATTEST: _____________________________ Treasurer IN THE PRESENCE OF: ___________________________ Witness FEDERAL EMPLOYER IDENTIFICATION NUMBER: __________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 202_ ________________________________________ Notary Public My Commission Expires: ___________________ [STAMP NOTARY SEAL HERE] DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 Mayor 58-2204274 2-7-23 8/21/2020 FY 2021 - 5303 Transit Planning 14 Exhibit A - PROJECT SUMMARY EXHIBIT A PROJECT SUMMARY Augusta, GA Project ID Number - T006013 FY21 FTA 5303 Planning Assistance Period of Eligible Expenses - July 1, 2020 - June 30, 2021 Item Description SCOPE/SUFFIX FTA ALI CODE Total Cost Federal Share (80%)State Share (10%)Local Share (10%) 1 Program Support Administration 442-A1 44.21.00 $35,130.00 $28,104.00 $3,513.00 $3,513.00 2 Long-term Transportation Plan – System Level 442-A1 44.23.01 $58,070.00 $46,456.00 $5,807.00 $5,807.00 3 Short Range Transportation Planning 442-A1 44.24.00 $42,130.00 $33,704.00 $4,213.00 $4,213.00 4 Transportation Improvement Program 442-A1 44.25.00 $40,200.00 $32,160.00 $4,020.00 $4,020.00 Total Planning Cost $175,530.00 $140,424.00 $17,553.00 $17,553.00 Funding Distribution Fund Sources FTA FAIN Number:GA-2020-018-00 Federal (80%)$140,424.00 212RA FTA Project:GA-2020-018-01-00 State (10%)$17,553.00 012RA FTA PO:GA-80-0015 Local (10%)$17,553.00 452RA Federal Award Date: 6/24/2020 Total Estimated Planning Cost $175,530.00 Project Summary PI# T006013 Amount CFDA:20.505 Total Federal Cost - Planning Assistance $140,424.00 DUNS#073438418 Total State Cost - Planning Assistance $17,553.00 Total Local Cost -Planning Assistance $17,553.00 Total Project Cost $175,530.00 DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 15 EXHIBIT B CERTIFICATION OF SPONSOR COMPLIANCE WITH STATE AUDIT REQUIREMENT I hereby certify that I am the duly authorized representative of _____________________________ whose address is _______________________________________________, and it is also certified that: The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the "Requirement of Audits” have been complied with in full such that: (a) Each unit of local government having a population in excess of 1,500 persons or expenditures of $550,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (b) The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. (c) The governing authority of each local unit of government having expenditures of less than $550,000.00 in that government's most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit, an annual report of agreed upon procedures for that fiscal year. (d) A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. _____________________ __________________________________________________ Date Signature DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8/19/2020 535 Telfair St Suite 200 Augusta Georgia 16 EXHIBIT C CERTIFICATION OF SPONSOR DRUG-FREE WORKPLACE I hereby certify that I am a principal and duly authorized representative of ____________________ whose address is ___________________________________, and it is also certified that: The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full; and A drug-free workplace will be provided for the Sponsor's employees during the performance of the contract; and Each subcontractor hired by the Sponsor shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The Sponsor shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the Sponsor, certifies to the Sponsor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24- 3"; and It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. Date Signature DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8/19/2020 535 Telfair St Suite 200 Augusta Georgia 17 EXHIBIT D GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: AUGUSTA, GA Contract No. and Name: T006013 FY 2021 5303 Metropolitan Planning By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. ______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent ______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 202_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ EXHIBIT D Revised 12/01/11 DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8/19/2020 Mayor Hardie Davis Jr. 46923 07/09/2007 2-7-23 8/21/2020 18 EXHIBIT E CERTIFICATION OF SPONSOR I hereby certify that I am the and duly authorized representative of the firm whose address is . I hereby certify to the best of my knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying', in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting its bid the participant shall require that the language of this certification will be included in all lower tier subcontracts which exceed $10,000.00 and that all such sub- recipients shall certify and disclose accordingly. I also certify that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Sponsor) to solicit or secure this agreement. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Sponsor) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Department of Transportation and the Federal Transit Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal-aid Transit funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8/19/2020 Mayor 535 Telfair St Suite 200 Augusta Georgia 19 EXHIBIT F CERTIFICATION OF DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I hereby certify that I am the Commissioner of the Department of Transportation of the State of Georgia, and that the above consulting firm, or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated, (if any): I acknowledge that this certificate is to be furnished to the Federal Transit Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal-aid Transit Funds, and is subject to applicable State and Federal Laws, both criminal and civil. Date Commissioner DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 9/8/2020 20 EXHIBIT G PRIMARY SPONSOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS I hereby certify that I am the and duly authorized representative of , whose address is ________________________ , and I certify that I have read and understand the attached instructions and that to the best of my knowledge and belief the firm and its representatives: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b)Have not within a three year period preceding this Agreement been convicted of or had a civil judgement rendered against the firm or its representatives for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract under a public transaction in violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false invoices, or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offense enumerated in paragraph (b) of this certification; (d)Have not within a three-year period preceding this Agreement had one or more public transaction (Federal, State or Local) terminated for cause or default; and (e)That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as attached hereto and without motivation, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with this Agreement involving participation of Federal-Aid Transit Funds, and is subject to applicable State and Federal laws, both criminal and civil. (SEAL) Date Signature DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8/19/2020 535 Telfair St Suite 200 Mayor Augusta Georgia 21 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (Sponsors) 1. By signing and submitting this contract the Sponsor is providing the certification set out in Exhibit G. 2. The inability of the Sponsor to provide the certification required may not necessarily result in denial of participation in this covered transaction. The Sponsor shall then submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Sponsor to furnish a certification or an explanation shall disqualify such person or firm from participation in this transaction. 3. The certification, Exhibit G, is a material representation of fact upon which reliance is placed by the Department before entering into this transaction. If it is later determined that the Sponsor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may terminate this transaction for cause of default. 4. The Sponsor shall provide immediate written notice to the Department if at any time the Sponsor learns that it certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in these instructions and the certification, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of those regulations. 6. The Sponsor agrees by submitting this proposal/contract that should the proposed covered transaction be entered into, it shall not knowingly enter into a lower tier covered transaction with a person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department. 7. The Sponsor further agrees by submitting this proposal/contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", as provided by the Department without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A Sponsor in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Sponsor may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by these instructions. The knowledge and information of Sponsor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the Sponsor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal Government, the Georgia Department of Transportation may terminate this transaction for cause or default. DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 22 EXHIBIT H LOWER TIER SPONSOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS I hereby certify that I am the and duly authorized representative of , whose address is ______________, and I certify that I have read and understand the attached instructions and that to the best of my knowledge and belief the firm and its representatives: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b)I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. (c)I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with the Prime SPONSOR Agreement involving the participation of Federal-Aid Transit Funds, and is subject to applicable State and Federal laws, both criminal and civil. (SEAL) Date Signature DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 Augusta Georgia Mayor 8/19/2020 535 Telfair St Suite 200 23 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier Covered Transactions This certification applies to subcontractors, material suppliers, vendors and other lower tier participants. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out in Exhibit H. 2. The certification, Exhibit H, is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or Agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which the proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in these instructions and the certification, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal/contract that should the proposed covered transaction be entered into, it shall not knowingly enter into a lower tier covered transaction with a person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal/contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if the participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal Government, the department or agency may pursue available remedies, including suspension and/or debarment. DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 24 EXHIBIT I LOBBYING RESTRICTIONS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ___________________________SPONSOR’s Name __________________________ Signature of SPONSOR's Authorized Official __________________________ Name of SPONSOR's Authorized Official __________________________ Title of SPONSOR’s Authorized Official __________________________ Date DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 Hardie Davis Jr. 8/19/2020 Augusta Georgia Mayor 25 EXHIBIT J CERTIFICATION OF COMPLIANCE WITH THE STATE OF GEORGIA’S SEXUAL HARASSMENT PREVENTION POLICY The State of Georgia promotes respect and dignity and does not tolerate sexual harassment in the workplace. The State is committed to providing a workplace and environment free from sexual harassment for its employees and for all persons who interact with state government. All State of Georgia employees are expected and required to interact with all persons including other employees, SPONSOR, contractors, and customers in a professional manner that contributes to a respectful work environment free from sexual harassment. Furthermore, the State of Georgia maintains an expectation that SPONSOR, its contractors and their employees and subcontractors will interact with entities of the State of Georgia, their customers, and other contractors of the State in a professional manner that contributes to a respectful work environment free from sexual harassment. Pursuant to the State of Georgia’s Statewide Sexual Harassment Prevention Policy (the “Policy”), SPONSOR and all contractors who are regularly on State premises or who regularly interact with State personnel must complete sexual harassment prevention training on an annual basis. SPONSOR, including its employees and subcontractors, who have violated the Policy, including but not limited to engaging in sexual harassment and/or retaliation may be subject to appropriate corrective action. Such action may include, but is not limited to, notification to the employer, removal from State premises, restricted access to State premises and/or personnel, termination of contract, and/or other corrective action(s) deemed necessary by the State. (i) If SPONSOR is an individual who is regularly on State premises or who will regularly interact with State personnel, SPONSOR certifies that: (a) SPONSOR has received, reviewed, and agreed to comply with the State of Georgia’s Statewide Sexual Harassment Prevention Policy located at http://doas.ga.gov/human-resources- administration/board-rules-policy-and-compliance/jointly-issued-statewide-policies/sexual- harassment-prevention-policy; (b) SPONSOR has completed sexual harassment prevention training in the last year; or will complete the Georgia Department of Administrative Services’ sexual harassment prevention training located at http://doas.ga.gov/human-resources-administration/sexual-harassment-prevention/hr- professionals/employee-training (scroll down to section for entities without a LMS section) or this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and, (c) Upon request by the State, SPONSOR will provide documentation substantiating the completion of sexual harassment training. (ii) If SPONSOR has employees and subcontractors that are regularly on State premises or who will regularly interact with State personnel, SPONSOR certifies that: a) SPONSOR will ensure that such employees and subcontractors have received, reviewed, and agreed to comply with the State of Georgia’s Statewide Sexual Harassment Prevention Policy located at http://doas.ga.gov/human-resources-administration/board-rules-policy-and- compliance/jointly-issued-statewide-policies/sexual-harassment-prevention-policy ; (b) SPONSOR has provided sexual harassment prevention training in the last year to such employees and subcontractors and will continue to do so on an annual basis; or SPONSOR will ensure that such employees and subcontractors complete the Georgia Department of Administrative Services’ sexual harassment prevention training located at http://doas.ga.gov/human-resources- administration/sexual-harassment-prevention/hr-professionals/employee-training (scroll down DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 26 to section for entities without a LMS section) or this direct link https://www.youtube.com/embed/NjVt0DDnc2s?rel=0 prior to accessing State premises and prior to interacting with State employees; and on an annual basis thereafter; and (c) Upon request of the State of the Georgia Department of Transportation, SPONSOR will provide documentation substantiating such employees and subcontractors’ acknowledgment of the State of Georgia’s Statewide Sexual Harassment Prevention Policy and annual completion of sexual harassment prevention training. ___________________________SPONSOR’s Name __________________________ Signature of SPONSOR's Authorized Official __________________________ Name of SPONSOR's Authorized Official __________________________ Title of SPONSOR’s Authorized Official __________________________ Date DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 8/19/2020 Mayor Hardie Davis Jr. Augusta Georgia DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 DocuSign Envelope ID: AF7607B8-B2FB-4568-BDB7-CD2EE1B85605 Certificate Of Completion Envelope Id: AF7607B8B2FB4568BDB7CD2EE1B85605 Status: Completed Subject: 48400-294-IGOIP2100270/AUGUSTA-RICHMOND COUNTY GOVERNMENT Source Envelope: Document Pages: 30 Signatures: 15 Envelope Originator: Certificate Pages: 5 Initials: 0 GDOT DocuSign Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 600 W Peachtree St, NW Atlanta, GA 30308 gdot_contracts@dot.ga.gov IP Address: 143.100.53.12 Record Tracking Status: Original 8/4/2020 6:32:57 PM Holder: GDOT DocuSign Admin gdot_contracts@dot.ga.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Georgia Department of Transportation Location: DocuSign Signer Events Signature Timestamp Hardie Davis Jr. mayordavis@augustaga.gov Mayor Augusta Georgia Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.173.212.218 Signed using mobile Sent: 8/5/2020 4:33:37 PM Resent: 8/12/2020 6:05:58 PM Viewed: 8/19/2020 11:52:10 PM Signed: 8/19/2020 11:56:11 PM Electronic Record and Signature Disclosure: Accepted: 11/9/2016 10:49:48 PM ID: c852626a-26ae-4f87-8ac6-e2c510850ab2 Lena Bonner lbonner@augustaga.gov Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 184.95.149.120 Sent: 8/19/2020 11:56:13 PM Viewed: 8/21/2020 12:50:42 PM Signed: 8/21/2020 12:52:57 PM Electronic Record and Signature Disclosure: Accepted: 11/16/2016 10:53:30 AM ID: 8027d7e4-b0a6-4dc6-93d4-e93b5c5df8ee Nancy Morawski nmorawski@augustaga.gov Augusta, Georgia Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 184.95.149.120 Sent: 8/21/2020 12:53:00 PM Viewed: 8/21/2020 1:10:23 PM Signed: 8/21/2020 1:11:40 PM Electronic Record and Signature Disclosure: Accepted: 11/20/2018 10:32:50 AM ID: 3bdafb1a-2879-40b4-b135-31cdc86d7de5 Russell R McMurry rmcmurry@dot.ga.gov Security Level: .Email 9/8/2020 3:50:36 PM Signature Adoption: Pre-selected Style Using IP Address: 45.20.183.19 Sent: 8/21/2020 1:11:44 PM Resent: 9/8/2020 9:32:15 AM Viewed: 9/8/2020 3:50:44 PM Signed: 9/8/2020 3:50:56 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 2/26/2016 9:35:33 AM ID: cd5459ce-99ae-409c-b25c-b6922ca5a283 Connie J. Steele csteele@dot.ga.gov Security Level: .Email ID: e4bf26f1-1821-48eb-8327-c39e1c6eb116 9/9/2020 9:39:53 AM Signature Adoption: Uploaded Signature Image Using IP Address: 143.100.53.12 Sent: 9/8/2020 3:51:00 PM Resent: 9/9/2020 8:49:52 AM Viewed: 9/9/2020 9:40:05 AM Signed: 9/9/2020 9:40:13 AM Electronic Record and Signature Disclosure: Accepted: 7/5/2016 9:04:14 AM ID: b94ad1d0-9941-4369-a43a-2580d721ac4a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carla Delaney cdelaney@augustaga.gov Security Level: Email, Account Authentication (None)Using IP Address: 184.95.149.120 Sent: 8/4/2020 6:58:57 PM Viewed: 8/5/2020 4:07:42 PM Electronic Record and Signature Disclosure: Accepted: 8/15/2019 11:50:39 AM ID: 843ab159-3eaa-4535-a05e-fc764cacd305 Wayne Brown wbrown@augustaga.gov Security Level: Email, Account Authentication (None)Using IP Address: 184.95.149.120 Sent: 8/5/2020 4:07:42 PM Viewed: 8/5/2020 4:33:36 PM Electronic Record and Signature Disclosure: Accepted: 5/11/2020 11:40:36 AM ID: bd879155-e447-42c5-b34c-26fb352fec76 Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/9/2020 8:49:52 AM Certified Delivered Security Checked 9/9/2020 9:40:05 AM Completed Security Checked 9/9/2020 9:40:13 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Georgia Department of Transportation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 2/24/2016 6:37:22 PM Parties agreed to: Hardie Davis Jr., Lena Bonner, Nancy Morawski, Russell R McMurry, Connie J. Steele, Carla Delaney, Wayne Brown How to contact Georgia Department of Transportation: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: gdot_contracts@dot.ga.gov To advise Georgia Department of Transportation of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at gdot_contracts@dot.ga.gov and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from Georgia Department of Transportation To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to gdot_contracts@dot.ga.gov and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. 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By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify Georgia Department of Transportation as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Georgia Department of Transportation during the course of my relationship with you. Commission Meeting Agenda 9/15/2020 2:00 PM Ratify- Acceptance of GDOT/FTA Section 5303 Grant Funds Department:Planning & Development (MPO) Department:Planning & Development (MPO) Caption:Motion to ratify acceptance of Annual GDOT/FTA Section 5303 Transit Grant in the amount of $157,977.00. Background:The FTA Section 5303 Grant provides funding for reimbursement of select transit related activities up to 80% ($157,977.00). There is a required match of 10% from the state totaling $17,553.00 and 10% from the local entity totaling $17,553.00. Analysis: Financial Impact:02/28/2020 Finance and the Administrator office approved the MPO applying for the funds and the required matching funds. Alternatives:No reimbursement of select eligible FTA Section 5303 transit related activities. Recommendation:Approval of the GDOT/FTA Section 5303 Grant funds for FY2021. Funds are Available in the Following Accounts: $17,553.00 Local Match is available and part of the current budget. 220016309 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Funding 2020 Census Count Department: Department: Caption:Motion to approve $50,000 funding request to assist Greater Augusta’s Interfaith Coalition's Total Census Count Initiative. To support census responses from hard to count citizens and the support for 15 sites of activities for respondents of the local Census Count. (Requested by Commissioner Bill Fennoy) Background:On June 2, 2020 Rev. Rev. Christopher G. Johnson, Greater Augusta’s Interfaith Coalition appeared before the commission requesting funding assistance for its – Total Census Count Initiative. No action was taken by the Commission. The U.S. Census Bureau announced on August 3rd they would cease collections on September 30 instead of October 31, as previously advertised. Thereby shortening the 2020 Census Self- Response Phase to end by September 30. The COVID-19 pandemic delayed the start of census taker visits from mid-May to mid-August. Census results shape the future of communities, as census data informs how billions of dollars in federal funds are distributed for health clinics, school lunch programs, disaster recovery initiatives, and other critical programs and services for the next 10 years. Analysis:According to GMA/ACCG this will impact many census outreach plans, campaigns, or promotions local complete count committee or cities/counties may have planned. Georgia is still lagging behind the national average in collections and only 89 counties have crossed over the 50% response rate mark. U.S.Census Bureau shows Georgia rank 58.9% and Richmond County 56.3% Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: Second and last Tuesdays of each month - l:00 [.m. Commission/committee: (Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee DateofMeeting dep/ l, ZoZo Date of Meeting .- Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for Individuaupresenter Making the Request: Name: Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Room 806 Municipal Building 530 Greene Street Augusta, GA 30901 Telephone Number: 706-82l-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice no later than 9:00 a.m. on the Thursday preceding the Commission meeting and 9:00a.m. on the Thursday preceding the Committee meeting of the following *eek. A five-minute time limit wiII be allowed for presentations. Commission Meeting Agenda 9/15/2020 2:00 PM Grounds Maintenance Department: Department: Caption:Discuss and offer solutions for ongoing grounds maintenance shortfalls that is the city's main entry points into the county. (Requested by Commissioner Brandon Garrett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Approval Request - Chatham County Reimbursement Checks Distribution Department:Fire Department:Fire Caption:Motion to authorize Finance to disburse checks from the Chatham County reimbursement, accepted by Commission on July 21, 2020, for the 2019 Hurricane Dorian shelter response. Richmond County School System: $273,677.24; Richmond County Health District: $112,476.91; Animal Services: $1,607.34; Augusta Transit: $408.11, and Richmond County Sheriff’s Office: $45,377.64. Background:Commission approved accepting the reimbursement from Chatham County on July 21, 2020. Augusta Fire/EMA is the coordinating agency for the response agencies and departments to support the Chatham County plan. This payment is reimbursement for staff time and expenses incurred during shelter operations. Analysis:Augusta Fire/EMA submits a single request for reimbursement that includes city departments and community partners, such as the Richmond County School System and the Richmond County Health District. One payment is sent to Augusta to be distributed to all appropriate agencies. Financial Impact:Total check amount: $433,547.24. Disbursed as follows: Richmond County School System: $273,677.24; Richmond County Health District: $112,476.91; Animal Services: $1,607.34; Augusta Transit: $408.11, and Richmond County Sheriff’s Office: $45,377.64 Alternatives:none Recommendation:To approve the motion authorizing Finance to distribute checks to the Richmond County School System and the Richmond County Health District for reimbursement for Hurricane Dorian.extension Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Approval Request - New Plaque for New Fire Station #20 Department:Fire Department:Fire Caption:Motion to approve Dedication Plaque for New Fire Station #20. Background:The new fire station #20 being built at 2820 Old Highway 1 will be completed shortly and needs to have final approval of the dedication plaque. This plaque was approved by Central Services on July 31, 2020 in accordance with Commission procedures. Analysis:n/a Financial Impact:n/a Alternatives:Deny Recommendation:To approve Motion to Approve Dedication Plaque for New Fire Station #20. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Grant Award to Rehabilitate Runway 8-26 and Electrical at Bush Field Department: Department: Caption:Motion to approve acceptance of FAA AIP Grant No. 3-13- 0011-044-2020 in the amount of $7,176,841.00 and GDOT FY 2021 Grant (Contract 62) of GDOT Grant Award in the amount of $1,861,166.93 for Rehabilitate Runway 8-26 and Electrical at Bush Field. (Approved in Special Called Meeting held September 11, 2020) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2020 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: