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HomeMy WebLinkAbout2022-09-20-Meeting MinutesCommission Meeting Agenda Commission Chamber - 9/20/2022 ATTENDANCE: Present: Hons. B. Williams, Mayor Pro Tem; Johnson, Garrett, Mason, Frantom, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hon. Hardie Davis, Jr., Mayor. INVOCATION: Reverend Xavier Creekmur, Pastor Beulah Grove Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Update from Ms. Tonya Bonitatibus, Riverkeeper/Executive Director regarding the organization's initiatives/activities. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Bonitatibus. B. Green King Technologies Communications regarding revitalize of Olde Town city fundrising December 2022 and traffic light. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Rev. Henry Parks of St. Paul Missionary Baptist Church. C. Mr. Moses Todd regarding Union apprenticeship opportunities, and Union's support of industrial development jobs Augusta Richmond County. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Todd. D. Ms. Deloris Opapeju regarding jail incarnations. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Opapeju. CONSENT AGENDA (Items 1-36) PLANNING 1. FINAL PLAT – CARMELITA WAY – S-967 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Steve Bargeron and Associates requesting final plat approval for Carmelita Way. This residential subdivision contains 15 lots and is located at 5115 Westbrook Road. Tax Map #353-0-005-15-0. DISTRICT 8 Item Action: Approved carmelita_way_final_plat.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 2. FINAL PLAT – SKINNER MILL TOWNHOMES – S-963 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group requesting final plat approval for Skinner Mill Townhomes. This residential subdivision contains 23 lots and is located at 3140 Skinner Mill Road. Tax Map #017-0-028-00-0. District 7 Item Action: Approved FINAL_PLAT_SKINNER_MILL.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 3. Z-22-29 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Joe Edge on behalf of Gateway to Augusta, LLC – requesting a Rezoning from Zone B-2 (General Business) and Zone R-1C (One-family Residential) to Zone PUD (Planned Unit Development) affecting property containing approximately 4.75 acres located at 1010 James Brown Boulevard, 1102 through 1120 (even #s) James Brown Boulevard, 808 through 818 Hopkins Street, 832 through 844 (even #s) Hopkins Street, 821 Hopkins Street, 1016 through 1030 (even Item Action: Approved #s) Summer Street (22 tax parcels). A complete list of tax parcels is available in the Planning and Development office upon request. 1. Permitted uses of the site be limited to multi-family apartments, professional offices, restaurants and retail development. 2. The total height of the proposed structure shall not exceed 6 stories. 3. The overall density shall not exceed 29 units per acre (163-units total). 4. Parcels shall be combined into one parcel. 5. There shall be a minimum 10-foot front setback on James Brown Boulevard and a minimum 20-foot front setback on Hopkins, Adams and Summer Streets. 6. A minimum side setback of 10 feet is required. 7. The rear setback shall be the greater of 20 percent of the lot depth, not to exceed 50 feet. 8. A minimum of 10% of the site shall be dedicated to open space. Such open spaces may also include park, recreational or plaza primarily used for public use within 1,300 feet of the development boundaries. 9. A fence shall be installed by the developer around all the adjacent parcels that are used for parking. Fences located in the side and rear yards shall not exceed six (6) feet in height. 10. Any outdoor storage shall be limited to enclosed buildings or screening with a 6-foot wood privacy fence or masonry wall. 11. All signs must be permitted by the Planning Department. Building or wall mounted signs are limited to a maximum surface area of one (1) square foot per linear foot. Projecting signs may not project more than four (4) feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than twenty (20) percent of the area of any window. 12. A traffic study must be completed satisfying the requirements of Augusta Traffic Engineering. 13. Install and improve sidewalks on all adjacent streets to meet the latest adopted ADA standards. 14. New curb cuts must be permitted and meet the standards of Augusta Traffic Engineering Department. 15. Lighting in the parking lot is to be directed down and away from nearby residences. 16. Final building elevations and materials of the proposed structures are subject to design review. 17. Minor changes to an approved PUD site plan may be handled administratively by the Planning Director. 18. Any changes deemed major will trigger the need to amend the original PUD site plan and require Augusta Commission approval. 19. Building elevations must substantially reflect those presented with this application. Z--22-29.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 4. Z-22-36 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Sankait Tham on behalf of Poplar Group LLC – requesting a Rezoning from Zone A (Agricultural) and Zone R-1 (One-family Residential) to Zone R-1E (One-family Residential) affecting property containing approximately 24.59 acres located at 2401 Tobacco Road. Tax Map #142-0-090-00-0. Item Action: Approved Z_22-36.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 5. Z-22-42 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by H & A Development on behalf of S. Augusta Land Holdings, LLC – requesting a Rezoning from Zone R-1 (One-family Residential) to Zone R-1E (One-family Item Action: Approved Residential) affecting property containing approximately 24.03 acres located at 2420 Willis Foreman Road. Tax Map #194-1-001-00-0. DISTRICT 8 1. Minimum lot widths shall be 25 feet (30 feet for end units), with lots being no less than 100 feet deep, and height of structures shall not exceed 45 feet. Setbacks shall be 20 feet from the right-of-way on the front (minimum) to discourage parking within City right-of-way, 5-foot side setbacks on end units, and 25-foot rear setbacks for all proposed lots. Sidewalks shall be provided on both sides of all internal roadways. 2. The 40-foot front setback must be maintained from the right-of-way of Windsor Spring Road and the 40-foot front setback must be maintained off of the right-of-way of Willis Foreman Road. 3. Developer must delineate a minimum 10-foot electrical utility easement between buildings for installation of electrical meters. 4. A Traffic Assessment / Traffic Analysis / Traffic Study, maybe required by the Traffic Engineer, shall be performed, and all traffic related improvements, must meet the requirements by the Augusta Traffic Engineer Department. 5. Parking must be provided at 2.25 to 2.5 parking spaces per unit / lot, so that there is ample parking for each lot and ample guest parking in the development. 6. The number of subdivision entrance(s) shall comply with the Land Subdivision Regulations, based on the number of lots within the development per the concept plan 2 entrances are required. 7. The amenities included in the Concept Plan submitted shall be installed before the 82nd unit receives a Certificate of Occupancy. 8. The required streetyard, to include large trees 45-feet on center, must be provided along Windsor Spring Road and also along Willis Foreman Road, pursuant to the requirements of the Augusta Tree Ordinance. A required 20-foot bufferyard, to include a 6-foot privacy fence, large trees 45 feet on center and shrubs, per the requirements of the Augusta Tree Ordinance must be provided along the property line opposite the entrance, with a 10-foot bufferyard, to include a 6-foot privacy fence, large trees 45 feet on center and shrubs, per the requirements of the Augusta Tree Ordinance, being required along the other exterior property line, to buffer the proposed development from adjoining residentially zoned or residentially utilized properties. 9. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Z_22-42.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 6. Z-22-47 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Piedmont Holdings LLC on behalf of David Duffie – requesting a Rezoning from Zone A (Agricultural) and Zone B-2 (General Business) to Zone R-3B (Multiple-family Residential) affecting properties containing approximately 10.57 acres located at 3805, 3807 and 3819 Wrightsboro Road. Tax Map #040-0-110-00-0; 040-0-109-00-0 & 039-0-019-00-0. DISTRICT 3 1. The three properties shall be combined as one parcel and recorded in the Clerk of Superior Courts office prior to submittal for site plan approval. 2. The proposed development shall substantially comply with the concept site plan submitted with the rezoning application and that the overall density of the development shall not exceed eight (8) dwelling units per acre. 3. A wetlands determination shall be performed on the properties, and if wetlands are found to exist any encroachment into the wetlands will need to be permitted by the U.S. Army Corps of Engineers. 4. The developer shall make any and all road improvements to Wrightsboro Road as required by the City of Augusta Traffic Engineer at the time of review for site plan approval. 5. The development shall provide a playground and walking trails as stated in the Letter of Intent submitted with the application at the time of submittal for site plan approval. 6. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. The proposed development shall obtain site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia prior to construction commencing on the properties. 7. The development of the properties shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as Item Action: Approved amended, at time of development, including but not limited to the Stormwater Management Manual and the Flood Damage Prevention Ordinance. z-22-47_report.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 7. Z-22-48 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Parker Collins/House Heroes LLC on behalf of Paul Miller – requesting a Rezoning from Zone P-1 (Professional/Office) to Zone R-1A (One-family Residential) affecting property containing approximately 0.28 acres located at 1948 Lumpkin Road. Tax Map #110-2-125-00-0. Item Action: Approved Z~22-48.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 8. Z-22-50 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by JSMG Development, LLC on behalf of CSRA Electrical Joint – requesting a Rezoning from Zone R-1A (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 6.56 acres located at 3125 Richmond Hill Road. Tax Map #121-0-005-00-0. 1. The proposed apartment complex shall substantially comply with the concept site plan submitted with the rezoning application and that the overall density of the development shall not exceed seventeen (17) dwelling units per acre as permitted by the R-3B zoning district. 2. The developer shall make any and all road improvements to Richmond Hill Road as required by the City of Augusta Traffic Engineer at the time of review for site plan approval. A Traffic study may be required. 3. The development shall provide a playground, open space and a dog park as stated in the Narrative submitted with the application at the time of submittal for site plan approval. 4. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. The proposed development shall obtain site plan approval in compliance with Site Plan Regulations of Augusta, Georgia prior to construction commencing on the property. 5. The development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as amended, at time of development. Item Action: Approved Z_22-50.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 9. Z-22-51 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Augusta Cyberworks 2 LLC – requesting a Rezoning from Zone B-2 (General Business) to Zone LI (Light Industrial) affecting approximately 0.50 acres out of 9.58 acres located at 1693 and 1697 Broad Street. Tax Map #036-1-172-00-0 and 035-2-034-00-0. 1. That the rezoned land shall be combined with 1661 Broad Street (zoned LI) immediately subsequent to this approval. 2. That future Development of the property shall comply with all development standards and regulations set forth by Augusta-Richmond County, Georgia, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. 3. The portion of subject property being rezoned to LI (Light Industrial) shall only be used for warehouse space. Item Action: Approved Z_22-51.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 10. Z-22-52 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Augusta Housing & Community Development on behalf of Woda Cooper Development, Inc. and Parallel Housing, Inc. – requesting a change of zoning from PUD (Planned Unit Development) to PUD (Planned Unit Development) affecting property containing approximately 1.53 acres and known as 1016 Laney Walker Boulevard. Tax Map 046-4-766-00-0. 1. Permitted uses of the site be limited to multi-family apartments, professional offices, restaurants, and retail development. 2. The total height of any structure shall not exceed 4 stories or 75 feet, to include any attached or detached structures. 3. The overall density shall not exceed 42 units per acre. 4. The total commercial space in each building shall not exceed 25,000 gross square feet in area. 5. There shall be no required front setback, a minimum 10-foot side setback and a minimum rear setback of 25 feet. 6. The site must conform to all related provisions of the Augusta Tree Ordinance or applicable landscaping codes. 7. The off-street parking requirement shall be 80 spaces. If during site plan review additional spaces are needed it will be addressed. Onsite bike parking must be provided. 8. A minimum of 10% of the site shall be dedicated to open space. Such open spaces may include park, recreational or plaza primarily used for public use. 9. The maximum lot coverage for each lot shall be 80%, to include building and impervious areas. 10. A traffic study or traffic assessment must be completed satisfying the requirements of Augusta Traffic Engineering. 11. A fence or screen wall in the required front yard shall not exceed four (4) feet in height. A fence or screen wall in the required side or rear yard shall not exceed six (6) feet in height. 12. Any outdoor storage shall be limited to enclosed buildings or screening with a 6-foot wood privacy fence or masonry wall. 13. All signs must be permitted by the Planning Department. Building or wall mounted signs are limited to a maximum surface area of 2 square feet per linear foot. Projecting signs may not project more than 5 feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than 20 percent of the area of any window. 14. Improve sidewalks on all adjacent streets to meet the latest adopted ADA standards. 15. New curb cuts must be permitted meet the standards of Augusta Traffic Engineering Department. 16. Lighting in the parking lot must be directed away from nearby residences. 17. Final building elevations and materials of the proposed structures are subject to design review. 18. Minor changes to an approved PUD site plan may be handled administratively by the Planning Director. 19. Any changes deemed major will trigger the need to amend the original PUD site plan and require Augusta Commission approval. 20. Building elevations must reflect those presented with this application. Item Action: Approved Z-22-52.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes PUBLIC SERVICES 11. Motion New Location: A.N. 22-65: A request by Jacqueline Stephenson for a retail package Beer & Wine license to be used in connection with Family Dollar >3008 located at 3258 Wrightsboro RD. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Item Action: Approved AN-22-65.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 12. Motion to approve New Location: A.N. 22-66: A request by Jacqueline Stephenson for a retail package Beer & Wine license to be used in connection with Family Dollar #29308 located at 2428 Windsor Spring RD. District 6. Super District 10.(Approved by Public Services Committee September 13, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 13. Motion to approve New Location: A.N. 22-67: A request by Jacqueline Stephenson for a retail package Beer & Wine license to be used in connection with Family Dollar >6198 located at 2020 Gordon HWY. District 2. Super District 9 (Approved by Public Services Committee September 13, 2022). Item Action: Approved AN-22-67.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commisioner Sean Frantom Commissioner Ben Hasan Passes Motion to approve. Motion Passes 10-0. 14. Motion to approve Existing Location: A.N. 22-68: A request by Raju Vemuganti for a retail package Beer & Wine License to be used in connection with Mini Mart located at 3307 B Mike Padgett HWY. District 6. Super District 10.(Approved by Public Services Committee September 13, 2022) Item Action: Approved AN-22-68.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 15. Motion to approve Existing Location: A.N. 22-69: A request by Victor Stanislaus for a retail package Beer & Wine license to be used in connection with Fuel Express located at 2700 Gordon HWY. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Item Action: Approved An-22-69.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 16. Motion to approve Existing Location: A.N. 22-71: A request by Chadwick Bush for a consumption on premise Liquor, Beer & Wine license to be used in connection with Da Six located at 2623 Deans Bridge RD. There will be Dance. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Item Action: Approved AN-22-71.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 17. Motion to approve New Location: A.N. 22-70: A request by Salvador Villasenor for a consumption on premise Liquor, Beer & Wine license to be used in connection with Taqueria El Patron located at 3435 Wrightsboro RD Ste 1130. There will be Sunday Sales. District 5. Super District 9. (Approved by Public Services Committee September 13, 2022) Item Action: Approved AN-22-70.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 18. Motion to approve Extension: A.N.22-22-3: A request for an Extension for the consumption on premise Liquor, Beer & Wine license to be used in connection with Miami Vybz located at 730 Broad ST. District 1. Super District 9. Alcohol License approved on Tuesday April 19, 2022 (Approved by Public Services Committee September 13, 2022) Item Action: Approved AN-22-22-3.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 19. Motion to approve the contract with Johnson Controls Inc. in the amount of $63,833.00 for the installation of a new fire alarm system replacement upgrade for the Augusta Regional Airport Hangar 2 location. Approved by the Augusta Aviation Commission on August 24, 2022.(Approved by Public Services Committee September 13, 2022) Item Action: Approved Agenda_Item_-_Fire_Alarm_Hangar_2_-_ATTACHMENT.pdf Johnson_Control_-_Sole_Source.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 20. Motion to approve the purchase of one new Slope Mower, Remote Type for $60,332.00 from Jet-Vac of Atlanta, GA for the Utilities Department-Facilities Maintenance Division. (Approved by Administrative Services Committee September 13, 2022) Item Action: Approved Routing_Sheet_-_SS_-_Remote_Mower.pdf Sole_Source_-_Procurement_approved_25_AUG_2022.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 21. Motion to approve required due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid items: Engineering: ITB 23-023 Asphaltic Concrete ITB 23-104 Light Fleet Parts Utilities: ITB 028 Safety Supplies ITB 23-066 Warehouse Supplies Award Recommendation is for 1 year with an option to extend for 1 additional year. Annual Bid - Service Contract Environmental Services ITB 23-114 Mechanic Block Time Award Recommendation for 3 years with an option to extend for 2 additional years(Approved by Administrative Services Committee September 13, 2022) Item Action: Approved 23-023_Aspaltic_Concrete_Agenda_Attachment.pdf 23-104_Light_Fleet_Parts.pdf 23-028_Safety_Supplies.pdf 23-114_Mechanic_Block_Time.pdf 2023_Annual_Bid_Award_Recommendation_-_Request_#1.pdf 23-066_Warehouse_Supplies.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 22. Motion to approve postponing the Augusta, Georgia Strategic plan until the first of 2023.(Approved by Administrative Services Committee September 13, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 23. Motion to authorize the submission of the FY2022 CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, to include but not limited to: Submission of the Consolidated Community Application, Priority Listing Exhibit 2 Project Applications, Certifications of Consistency, Conditional Award Technical Submissions, New and Renewal Grant Agreements and Annual Progress Reports (APR). (Approved by Administrative Services Committee September 13, 2022) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 24. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Street to be used as affordable rental properties. (Approved by Administrative Services Committee September 13, 2022) Item Action: Approved 2526-2528Lyman(Lovett).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 25. Motion to approve two (2) Rehabilitation projects.(Approved by Administrative Services Committee September 13, 2022) Item Action: Approved 2028_Steiner_Ave_Contract_.pdf 2121_Richards_St_Contract_.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 26. Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department capital funding. (Approved by Administrative Services Committee September 13, 2022) Item Action: Approved Attachment_I_-_Power_Plan___General_Notes_and_Legend.pdf Invitation_to_Bid_-_Sent_to_Paper.docx Official_Bid_Tab.xls 22-189_Department_Recommendation_of_Award_(2).pdf 22-189_Planholders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 27. Motion to approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. RFP 22-174. (Approved by Administrative Services Committee September 13, 2022) Item Action: Approved 22-174_Houghton_Revised_Consultant_Hourly_Rates.pdf Advertisement_for_Paper.docx 22-174_OFFICIAL_TAB.xls Pre-Qualification_Conference_for_22-174.xlsx 22-174_Cumulative_Eval.pdf 22-174_Department_Recommendation_of_Award.pdf 22-174_Planholders.pdf FYI_Process_Regarding_RFQs.pdf Contract.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 28. Motion to approve purchase of K-9 patrol / transport vehicle and equipment in the amount of $49,614.00. Approved by the Augusta Aviation Commission on July 28, 2022. (Approved by Administrative Services Committee September 13, 2022) Item Action: Approved K-9_Vehicle_ATTACHMENT.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes PUBLIC SAFETY 29. Motion to approve Contract with Koa Hills Consulting, LLC to provide On-Demand ERP Support and Configuration Services. (Approved by Public Safety Committee September 13, 2022) Item Action: Approved KoaHills_ProfessionalServicesAgreement.pdf Procurement_SoleSource_Approval.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 30. Motion to approve the request to move funds to the Richmond County Sheriff’s Office Training Range Capital Outlay. (Approved by Public Safety Committee September 13, 2022) Item Action: Approved BID_22-264.pdf 8.24.22_Compact_Tracked_Steer_Loader_Agenda.docx BA_-__Budget_to_Actual_Figures(GLJL-_Budget_ControL_24_Aug_2022.PDF ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ENGINEERING SERVICES 31. Motion to approve and adopt proposed Ordinance changes to the Augusta, Georgia Code, 3-5-1 and 3-5- 86 to modify requirements for personal transportation vehicles (PTV). (No recommendation from Engineering Services Committee August 30, 2022; approved by the Commission September 6, 2022-second reading ) Item Action: Approved SKM_C650i22081514460.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 32. Motion to approve Award of Bid #22-226 for the construction of additional parking lots to LEP Contracting, LLC. (Approved by Engineering Services Committee September 13, 2022) Item Action: Approved Director_s_Memo.pdf Invitation_to_Bid_Sent_to_Paper.doc OFFICIAL_TAB_SHEET_-_22-226.pdf 22-226_Compliance_Review.pdf 22-226_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 33. Motion to approve proposal from Johnson, Laschober and Associates, P.C. (JLA) to to provide supplemental engineering services for Utilities Department on Fort Gordon. (Approved by Engineering Services Committee September 13, 2022) Item Action: Approved AUD_FG_JLA_Supplemental_-_Proposal.pdf AUD_FG_JLA_Supplemental_-_Projects_Vicinity_Map.pdf Johnson_Laschober-18UTI451_Change_Order_1.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 34. Motion to approve and authorize Augusta co-execute US Department of Commerce Financial Assistance Award to Augusta Economic Development Authority. Award estimated amount is $4,132,680 (Federal Share=$2,000,000. Recipient Share+$2,132,000. (Approved by Engineering Services Committee September 13, 2022) Item Action: Approved SKM_C65822091418380.pdf 2022-13-09__Engr._Services_EDA_Construction_STCs_(Mar_22_2021)_(w_Part_III_DOC_STCs).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes PETITIONS AND COMMUNICATIONS 35. Motion to approve minutes of the Regular Meeting held September 6 and Special Called Meetings held September 8 and 13, 2022. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes APPOINTMENT(S) 36. Motion to approve the appointment of Mr. Tommy Gardiner to the Richmond County Library Board representing District 4. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/20/2022 AUGUSTA COMMISSION REGULAR AGENDA 9/20/2022 (Items 37-47) PLANNING 37. Z-22-35 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by WK Dickson & Co., Inc. on behalf of Camp Josey Property Group, LLC – requesting a Rezoning from Zone A (Agricultural) to Zone HI (Heavy Industrial) affecting properties containing approximately 553.21 acres located at 3068, 3129, 3130, 3159, 3181, 3185 Camp Josey Road and 4464 Deans Bridge Road. Tax Map #191-0-001-01-0, 191-0-002-00-0, 191-0-003-00-0, 191-0-002-03-0, 191-0-002-04-0, 191-0-002-02-0 and 190-0-017-01-0. Item Action: Approved Z-22-35.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the petition with the inclusion of nine conditions as required by Planning and Development. Voting No: Commissioner Dennis Williams. Motion Passes 9-1. Commissioner Ben Hasan Commissioner Brandon Garrett Passes 38. Z-22-46 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Winchester Homes of GA on behalf of Ray Clyde and Susanmarie Harden – requesting a Rezoning from Zone R-1 (One-family Residential) and Zone R-1B (One-family Residential) to Zone R-1E (One-family Residential) affecting properties containing approximately 20.23 acres located at 413, 415, 419, 421, 425, 427, 429, 433 and 435 Pleasant Home Road. Tax Map #016-0-048-03-0; 016-0-048- 02-0; 016-0-047-00-0; 016-0-046-00-0; 016-0-045-00-0; 016-0-045-01-0; 016-0-045-02-0; 016-0-044- 00-0 and 016-0-043-00-0 Item Action: Rescheduled Z-22-46.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to the Planning Commission. Voting No: Commissioner Brandon Garrett, Commissioner Alvin Mason, Commissioner Dennis Williams. Motion Passes 7-3. Commissioner Jordan Johnson Commisioner Sean Frantom Passes PUBLIC SERVICES 39. Update from the Augusta Recreation Director relative to the construction of restrooms at Diamond Lakes. (Requested by Commissioner Alvin Mason) Item Action: Approved 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 40. Motion to approve the purchase of two 2024 ETI ETC40IH, at a individual cost of $176,063.00 each for a total of $352,126.00 from Equipment Technology, LLC. (Bid 22-214) for the Engineering Department- Traffic Engineering Division and Street Lights Division. (Approved by Administrative Services Committee on August 30, 2022; deferred from the September 6, 2022 Commission Meeting). Item Action: Approved 204258_Disposal_Memos_signed_22_JUL_2022.pdf Newspaper_Invitation_to_Bid.docx 22-214_OFFICIAL_TAB_SHEET.xls 22-214_Department_Recommendation_of_Award.pdf 22-214_Planholders.pdf 2022-20-09_Buck_Trk_22-214_ITB.pdf 2022-20-09__Admin._Bucket_Truck_Data-FLMG1DM2.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 41. Motion to adopt Fort Gordon Growth Management plan resolution in support of CSRA Regional Commission. (Requested by Mayor Hardie Davis, Jr.) Item Action: Rescheduled 2022-20-09_Fort_Gordon_GMP_Resolution_Augusta.pdf 2022-20-09_Resolution_JOINT_LAND_USE_STUDY_FORT_GORDON.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next Commission meeting. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes FINANCE 42. Receive information from Administration relative to the procedural process for outside agencies' 2023 budget requests. (Requested by Commissioner Ben Hasan) Item Action: Approved 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. 43. Discuss the use of Enterprise Funds being used to cover the General Fund. (Requested by Commissioner Alvin Mason) Item Action: Approved 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. APPOINTMENT(S) 44. Consider recommendations from the Richmond County Board of Health to reappoint the following persons effective January 1, 2023 for a four-year term to Member-at-large appointments by the Augusta Commission: Dr. Cheryl Newman and Ms. Antonia Autry. Item Action: Approved 2022-20-09_BOH_Reappts._Newman_A_Autry_Reappointments_-_Letter_to_Lena_Bonner_9-14-20222.pdf 2022-20-09_RC_Board_of_Health_Composition.pdf 2022-20-09_TBQ_BOH_Reappt._Antonia_Autry_Talent_Bank_Questionnaire.pdf 2022-20-09_TBQ_BOH_Reappt.Cheryl_Newman_7-13-2017.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Johnson, Mr. Frantom and Mr. Clarke out. Motion Passes 7-0. Commissioner Alvin Mason Commissioner Ben Hasan Passes ATTORNEY 45. Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Chapter Two Article One Section 1-2-2 AND SECTION 1-2-13 (RULE OF PROCEDURE 1.01) Relating to the Time AND PLACE for Commission AND COMMITTEE Meetings of the Augusta, Georgia Board of Commissioners; To Repeal All Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and For Other Purposes. Item Action: Approved SKM_C65822091915480.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 46. Motion to approve an Ordinance to amend the Augusta, Georgia Code to allow the consideration of a rezoning of property after six months of the denial of a same or similar petition for the rezoning of the property. Item Action: Approved SKM_C65822091915490.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ADDENDUM 47. Motion to accept Georgia Department of Transportation (GDOT) FY 2023 Grant in the amount of $105,152.03. Approved by the Augusta Aviation Commission on August 24, 2022. (Agenda item is scheduled for September 27, 2022, Public Services Committee, however GDOT notified us yesterday that they are ready to move on this grant award). Item Action: Approved ItemApprovalSheet.html Motions Motion Text Motion Type Made By Seconded By Motion Result It was the consensus of the Commission that this item be added to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 48. 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 9/20/2022 2:00 PM Invocation Department: Department: Caption: Reverend Xavier Creekmur, Pastor Beulah Grove Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Savannah River Keeper Department: Department: Caption: Update from Ms. Tonya Bonitatibus, Riverkeeper/Executive Director regarding the organization's initiatives/activities. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Green King Technologies Communications Department: Department: Caption:Green King Technologies Communications regarding revitalize of Olde Town city fundrising December 2022 and traffic light. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Moses Todd Department:Mr. Moses Todd Department:Mr. Moses Todd Caption:Mr. Moses Todd regarding Union apprenticeship opportunities, and Union's support of industrial development jobs Augusta Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Ms. Deloris Opapeju Department: Department: Caption:Ms. Deloris Opapeju regarding jail incarnations. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Final Plat Carmelita Way S*967 Department:Planning & Development Department:Planning & Development Caption: FINAL PLAT – CARMELITA WAY – S-967 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Steve Bargeron and Associates requesting final plat approval for Carmelita Way. This residential subdivision contains 15 lots and is located at 5115 Westbrook Road. Tax Map #353-0-005-15-0. 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 9/20/2022 2:00 PM FINAL PLAT SKINNER MILL TOWNHOMES S-963 Department:Planning & Development Department:Planning & Development Caption: FINAL PLAT – SKINNER MILL TOWNHOMES – S-963 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group requesting final plat approval for Skinner Mill Townhomes. This residential subdivision contains 23 lots and is located at 3140 Skinner Mill Road. Tax Map #017- 0-028-00-0. District 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-29 Department:Planning & Development Department:Planning & Development Caption: Z-22-29 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Joe Edge on behalf of Gateway to Augusta, LLC – requesting a Rezoning from Zone B-2 (General Business) and Zone R-1C (One-family Residential) to Zone PUD (Planned Unit Development) affecting property containing approximately 4.75 acres located at 1010 James Brown Boulevard, 1102 through 1120 (even #s) James Brown Boulevard, 808 through 818 Hopkins Street, 832 through 844 (even #s) Hopkins Street, 821 Hopkins Street, 1016 through 1030 (even #s) Summer Street (22 tax parcels). A complete list of tax parcels is available in the Planning and Development office upon request. 1. Permitted uses of the site be limited to multi-family apartments, professional offices, restaurants and retail development. 2. The total height of the proposed structure shall not exceed 6 stories. 3. The overall density shall not exceed 29 units per acre (163-units total). 4. Parcels shall be combined into one parcel. 5. There shall be a minimum 10-foot front setback on James Brown Boulevard and a minimum 20-foot front setback on Hopkins, Adams and Summer Streets. 6. A minimum side setback of 10 feet is required. 7. The rear setback shall be the greater of 20 percent of the lot depth, not to exceed 50 feet. 8. A minimum of 10% of the site shall be dedicated to open space. Such open spaces may also include park, recreational or plaza primarily used for public use within 1,300 feet of the development boundaries. 9. A fence shall be installed by the developer around all the adjacent parcels that are used for parking. Fences located in the side and rear yards shall not exceed six (6) feet in height. 10. Any outdoor storage shall be limited to enclosed buildings or screening with a 6-foot wood privacy fence or masonry wall. 11. All signs must be permitted by the Planning Department. Building or wall mounted signs are limited to a maximum surface area of one (1) square foot per linear foot. Projecting signs may not project more than four (4) feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than twenty (20) percent of the area of any window. 12. A traffic study must be completed satisfying the requirements of Augusta Traffic Engineering. 13. Install and improve sidewalks on all adjacent streets to meet the latest adopted ADA standards. 14. New curb cuts must be permitted and meet the standards of Augusta Traffic Engineering Department. 15. Lighting in the parking lot is to be directed down and away from nearby residences. 16. Final building elevations and materials of the proposed structures are subject to design review. 17. Minor changes to an approved PUD site plan may be handled administratively by the Planning Director. 18. Any changes deemed major will trigger the need to amend the original PUD site plan and require Augusta Commission approval. 19. Building elevations must substantially reflect those presented with this application. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-36 Department:Planning & Development Department:Planning & Development Caption: Z-22-36 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Sankait Tham on behalf of Poplar Group LLC – requesting a Rezoning from Zone A (Agricultural) and Zone R-1 (One-family Residential) to Zone R-1E (One-family Residential) affecting property containing approximately 24.59 acres located at 2401 Tobacco Road. Tax Map #142-0-090-00-0. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-42 Department:Planning & Development Department:Planning & Development Caption: Z-22-42 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by H & A Development on behalf of S. Augusta Land Holdings, LLC – requesting a Rezoning from Zone R-1 (One-family Residential) to Zone R-1E (One-family Residential) affecting property containing approximately 24.03 acres located at 2420 Willis Foreman Road. Tax Map #194-1-001-00-0. DISTRICT 8 1. Minimum lot widths shall be 25 feet (30 feet for end units), with lots being no less than 100 feet deep, and height of structures shall not exceed 45 feet. Setbacks shall be 20 feet from the right-of-way on the front (minimum) to discourage parking within City right-of-way, 5-foot side setbacks on end units, and 25-foot rear setbacks for all proposed lots. Sidewalks shall be provided on both sides of all internal roadways. 2. The 40-foot front setback must be maintained from the right-of-way of Windsor Spring Road and the 40-foot front setback must be maintained off of the right-of-way of Willis Foreman Road. 3. Developer must delineate a minimum 10-foot electrical utility easement between buildings for installation of electrical meters. 4. A Traffic Assessment / Traffic Analysis / Traffic Study, maybe required by the Traffic Engineer, shall be performed, and all traffic related improvements, must meet the requirements by the Augusta Traffic Engineer Department. 5. Parking must be provided at 2.25 to 2.5 parking spaces per unit / lot, so that there is ample parking for each lot and ample guest parking in the development. 6. The number of subdivision entrance(s) shall comply with the Land Subdivision Regulations, based on the number of lots within the development per the concept plan 2 entrances are required. 7. The amenities included in the Concept Plan submitted shall be installed before the 82nd unit receives a Certificate of Occupancy. 8. The required streetyard, to include large trees 45-feet on center, must be provided along Windsor Spring Road and also along Willis Foreman Road, pursuant to the requirements of the Augusta Tree Ordinance. A required 20-foot bufferyard, to include a 6-foot privacy fence, large trees 45 feet on center and shrubs, per the requirements of the Augusta Tree Ordinance must be provided along the property line opposite the entrance, with a 10-foot bufferyard, to include a 6-foot privacy fence, large trees 45 feet on center and shrubs, per the requirements of the Augusta Tree Ordinance, being required along the other exterior property line, to buffer the proposed development from adjoining residentially zoned or residentially utilized properties. 9. 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 9/20/2022 2:00 PM Z-22-47 Department:Planning & Development Department:Planning & Development Caption: Z-22-47 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Piedmont Holdings LLC on behalf of David Duffie – requesting a Rezoning from Zone A (Agricultural) and Zone B-2 (General Business) to Zone R-3B (Multiple-family Residential) affecting properties containing approximately 10.57 acres located at 3805, 3807 and 3819 Wrightsboro Road. Tax Map #040-0-110-00-0; 040-0-109-00-0 & 039-0- 019-00-0. DISTRICT 3 1. The three properties shall be combined as one parcel and recorded in the Clerk of Superior Courts office prior to submittal for site plan approval. 2. The proposed development shall substantially comply with the concept site plan submitted with the rezoning application and that the overall density of the development shall not exceed eight (8) dwelling units per acre. 3. A wetlands determination shall be performed on the properties, and if wetlands are found to exist any encroachment into the wetlands will need to be permitted by the U.S. Army Corps of Engineers. 4. The developer shall make any and all road improvements to Wrightsboro Road as required by the City of Augusta Traffic Engineer at the time of review for site plan approval. 5. The development shall provide a playground and walking trails as stated in the Letter of Intent submitted with the application at the time of submittal for site plan approval. 6. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. The proposed development shall obtain site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia prior to construction commencing on the properties. 7. The development of the properties shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as amended, at time of development, including but not limited to the Stormwater Management Manual and the Flood Damage Prevention Ordinance. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-48 Department:Planning & Development Department:Planning & Development Caption: Z-22-48 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Parker Collins/House Heroes LLC on behalf of Paul Miller – requesting a Rezoning from Zone P-1 (Professional/Office) to Zone R-1A (One-family Residential) affecting property containing approximately 0.28 acres located at 1948 Lumpkin Road. Tax Map #110-2-125-00-0. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-50 Department:Planning & Development Department:Planning & Development Caption: Z-22-50 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by JSMG Development, LLC on behalf of CSRA Electrical Joint – requesting a Rezoning from Zone R-1A (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 6.56 acres located at 3125 Richmond Hill Road. Tax Map #121-0-005-00-0. 1. The proposed apartment complex shall substantially comply with the concept site plan submitted with the rezoning application and that the overall density of the development shall not exceed seventeen (17) dwelling units per acre as permitted by the R-3B zoning district. 2. The developer shall make any and all road improvements to Richmond Hill Road as required by the City of Augusta Traffic Engineer at the time of review for site plan approval. A Traffic study may be required. 3. The development shall provide a playground, open space and a dog park as stated in the Narrative submitted with the application at the time of submittal for site plan approval. 4. Approval of this rezoning request does not constitute approval of the concept site plan submitted with the rezoning application. The proposed development shall obtain site plan approval in compliance with Site Plan Regulations of Augusta, Georgia prior to construction commencing on the property. 5. The development of the property shall comply with all development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as amended, at 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 9/20/2022 2:00 PM Z-22-51 Department:Planning & Development Department:Planning & Development Caption: Z-22-51 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Augusta Cyberworks 2 LLC – requesting a Rezoning from Zone B-2 (General Business) to Zone LI (Light Industrial) affecting approximately 0.50 acres out of 9.58 acres located at 1693 and 1697 Broad Street. Tax Map #036-1-172-00-0 and 035-2-034-00-0. 1. That the rezoned land shall be combined with 1661 Broad Street (zoned LI) immediately subsequent to this approval. 2. That future Development of the property shall comply with all development standards and regulations set forth by Augusta-Richmond County, Georgia, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. 3. The portion of subject property being rezoned to LI (Light Industrial) shall only be used for warehouse space. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-52 Department:Planning & Development Department:Planning & Development Caption: Z-22-52 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below a petition by Augusta Housing & Community Development on behalf of Woda Cooper Development, Inc. and Parallel Housing, Inc. – requesting a change of zoning from PUD (Planned Unit Development) to PUD (Planned Unit Development) affecting property containing approximately 1.53 acres and known as 1016 Laney Walker Boulevard. Tax Map 046-4-766-00-0. 1. Permitted uses of the site be limited to multi-family apartments, professional offices, restaurants, and retail development. 2. The total height of any structure shall not exceed 4 stories or 75 feet, to include any attached or detached structures. 3. The overall density shall not exceed 42 units per acre. 4. The total commercial space in each building shall not exceed 25,000 gross square feet in area. 5. There shall be no required front setback, a minimum 10-foot side setback and a minimum rear setback of 25 feet. 6. The site must conform to all related provisions of the Augusta Tree Ordinance or applicable landscaping codes. 7. The off-street parking requirement shall be 80 spaces. If during site plan review additional spaces are needed it will be addressed. Onsite bike parking must be provided. 8. A minimum of 10% of the site shall be dedicated to open space. Such open spaces may include park, recreational or plaza primarily used for public use. 9. The maximum lot coverage for each lot shall be 80%, to include building and impervious areas. 10. A traffic study or traffic assessment must be completed satisfying the requirements of Augusta Traffic Engineering. 11. A fence or screen wall in the required front yard shall not exceed four (4) feet in height. A fence or screen wall in the required side or rear yard shall not exceed six (6) feet in height. 12. Any outdoor storage shall be limited to enclosed buildings or screening with a 6-foot wood privacy fence or masonry wall. 13. All signs must be permitted by the Planning Department. Building or wall mounted signs are limited to a maximum surface area of 2 square feet per linear foot. Projecting signs may not project more than 5 feet from the building wall it is attached except for canopy or awning mounted signs. Window signs may not occupy more than 20 percent of the area of any window. 14. Improve sidewalks on all adjacent streets to meet the latest adopted ADA standards. 15. New curb cuts must be permitted meet the standards of Augusta Traffic Engineering Department. 16. Lighting in the parking lot must be directed away from nearby residences. 17. Final building elevations and materials of the proposed structures are subject to design review. 18. Minor changes to an approved PUD site plan may be handled administratively by the Planning Director. 19. Any changes deemed major will trigger the need to amend the original PUD site plan and require Augusta Commission approval. 20. Building elevations must reflect those presented with this application. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-35 Department:Planning & Development Department:Planning & Development Caption: Z-22-35 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by WK Dickson & Co., Inc. on behalf of Camp Josey Property Group, LLC – requesting a Rezoning from Zone A (Agricultural) to Zone HI (Heavy Industrial) affecting properties containing approximately 553.21 acres located at 3068, 3129, 3130, 3159, 3181, 3185 Camp Josey Road and 4464 Deans Bridge Road. Tax Map #191-0-001-01-0, 191-0-002-00-0, 191-0-003-00-0, 191-0-002-03-0, 191- 0-002-04-0, 191-0-002-02-0 and 190-0-017-01-0. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/20/2022 2:00 PM Z-22-46 Department:Planning & Development Department:Planning & Development Caption: Z-22-46 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Winchester Homes of GA on behalf of Ray Clyde and Susanmarie Harden – requesting a Rezoning from Zone R-1 (One-family Residential) and Zone R-1B (One-family Residential) to Zone R-1E (One-family Residential) affecting properties containing approximately 20.23 acres located at 413, 415, 419, 421, 425, 427, 429, 433 and 435 Pleasant Home Road. Tax Map #016-0-048-03-0; 016-0- 048-02-0; 016-0-047-00-0; 016-0-046-00-0; 016-0-045-00-0; 016-0-045- 01-0; 016-0-045-02-0; 016-0-044-00-0 and 016-0-043-00-0 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission PTANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-65 Application Type: Retail Package Beer & Wine Business Name: Family Dollar #23008 Hearing Date: September L3,2A22 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: ldcqueline Stephenson Property Owner: North Leg Plaza LLC Address of Propefi: 3258 Wrightsboro RD Tax Parcel #: 042-3-100-00-0 Commission District: District: 2 Super District: 9 Background: New Location ANAIYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONS!DERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor Iaws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business.o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. . Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surreunding property values. o The proposed location is a Retail/Grocery Storeo Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.o Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of 5665.00. 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. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. I. 2. J. 4. 5. Augusta-Richmond County Planning & Development Department "l'"xiltliT;,u* ALCOHOL BEVERAGE APPLICATION Alcohol Number Year 2022 Alcohol Account Number Name of Business Family Dollar Stores of Georsia, LLC d./b/a Family Dolliar#23008 Business Address 3268 Wrishtsboro Road City Ausueta State Georsia Zip 90906 Business Phone ( 706 ) 941-6469 Applicant Name and Address: 6. 7. 8. 9 ApplicantSocialSecurity#_ _ * ._ IfApplication is a tansfer, lisr prcv,.-s Applicant: D.O.B Zoning C4 - Commercial Small TractsBusiness L,ocation: Map & Parcel 042-3-100-00-0 Location Manager(s) Jacoueline Stephengon 10. Is Applicant an American Citizen or Alien lawfully admitted for permanent residency? (X) Yes( ) No OWhTERSHIP INF'ORIVIATION Corporation (if applicable): Date Chartered: 01127120L6 Mailing Address: Name of Business Attention Address Citylstatelzip l3 l4 Ownership Type: (X) Corporation ( ) Parhership Corporate Name: ) Individual List narne and other required i for each person having interest in this business. What type of business will you operate in this location?( )Restaurant-Full ( )Lounge ( ) Convenience Store( )Restaurant-Limited ( )PackageStore ( )Hybrid(X ) Other: Retsil/Gmew TotalLicenseFee: $ $2,200 Prorated License Fee: (After July I ONLY) $ N/A 16.Have you ever applied for an Alcohol Beverage License before:Yes Ifso, give year ofapplication and its disposition: 2022ln Home Phone oe Virctta St ll. 12. Familv f)oller Stnres of Crorsin- LLC Chaennaolc Viroinir 2Rl2O Are you familiar with Georgia and Augusta-fuchmond County laws-regading the sale of alcoholicbeverages? (X)Yes ( ) No If so,pleaseinitial {y517. Jt_""18. t9.Hasany liguor business in which you hotd. or have herd, any financiar interest, or are Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submining the license application. employed, or-have been ernproyed, ever been cited for any viotation ofthe ruies andregulations of Augusta:Richmond county or the stale Revinue commission retating iothe sale and disribution of distilled spiritsi ( ) yes ( $ Nolfyes, give full details: 20.Have you ever been arrested, or held by Federal, State, or other law-enforcementauthorities. for any violarion of any Federal, state. county or Municipal law. regulationor ordinance: (Do not include trallic violations, with ihe exoeprion or uny irr"nsopertaining to alcohol or drugs). All other charges musr be inchided, .r.n if th.y "r"dismisrcd. ( ) Yes (X) No lfyes. give reason charged or held, date and ptace where charged and its disposition. 21. 22. 23. 24. lfa new application. attach a surveyor's plat and state the straight line ditt *" fro. th. List owner or owners of building and property. Family Dollar Stores Holdings II, LLC line of school. church, library, or public r€crcation area to the wall of the C) School D) Public Recreation that and answes made by me as the applicant in the application are known to be. stating to me that he/she knew and answers made herein, and, under oath actually that said and answers in the and understood all administerdd bv me^rti-44/(aay or_ The Boad of Commissioners on the _ day of(Approved, Disapprovod) the forgoing application in the year _. List the name and olher reguired information for "a"h@having any inlerest in the business. Administrator Date Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-65 Department:Planning & Development Department:Planning & Development Caption: Motion New Location: A.N. 22-65: A request by Jacqueline Stephenson for a retail package Beer & Wine license to be used in connection with Family Dollar >3008 located at 3258 Wrightsboro RD. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant wil pay a pro-rated 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: Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-66 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 22-66: A request by Jacqueline Stephenson for a retail package Beer & Wine license to be used in connection with Family Dollar #29308 located at 2428 Windsor Spring RD. District 6. Super District 10.(Approved by Public Services Committee September 13, 2022) 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 pro-rated 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: PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-67 Application Type: Retail Package Beer & Wine Business Name: Family Dollar #26L99 Hearing Date: September L3,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: tacqueline Stephenson Propefi Owner: Troy Duckworth JR Address of Propefiz 2O2O Gordon HWY Tax Parcel #: 069-0-008-08-0 Commission District: District: 2 Super District: 9 Background: New Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-1 (Neighborhood Business)Zone . Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONSIDERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business.o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. ' Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Retail/Grocery Storeo Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.e Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.o Congregation of minorc. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of 5665.00. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. l.., 3. 4. 5. Augusta-Richmond County Planning & Development Department "r,Xil't::iftinioad ALCOHOL BEVERAGE APPLICATION Alcohol Number Yw 2022 Alcohol Account Number Business Phone ( ?06 ) 941-5459 Home Phone (_J Applicant Name and Address: 130? Aucusta. Georeia 30907 6. 7. 8. 9. I l. 12. LocationManager(s) Jacqueline Stepheneon 5OO Volvo Perkwnv Name of Business I'inily Dglla{ stores of Georgia, LLC d/b/a Family Dollar #26198 Business Address ?020 Gordon High* Ulty. Aususta . State Georeia Zip 80909 ApplicantSocialsecurity#_ - _D^O.B,IfApplication is a hansfer, lisr previous Applicant: N/A Business Location: Map & Parcel 0090008080 Zoning C-4 Commercial Small Tracts 10. Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(X)Yes( )No OWI\IERSHIP INT'ORMATION Corporation (if applicable): Date Chartered: tr!127 12016 Mailing Address: Name of Business Family Dollar Stores of Georeia. LLC Attention Address Alcohol/fobacco Team (9th I'lmr) Total License Fee: $ $2,200 horated License Fee: (After luly I ONLY) $ N/A CitylStatelZip Chesaoeake.Vireinia2BB2013. OwnershipType:(X)Corporation ( )Partnership ( )Individual14. Corporate Name: Family Dollar Storee of Georsia, LLC List name and other required information for each person having interest in this buJiness. 15.V/hat type ofbusiness will you operate in this location?( )Restaurant-Full ( )Lounge ( ) Convenience Store( )Restaurant-Limited ( )PackageStore ( )Hybrid(X ) Other: Rersit/Gruery Have you ever applied for an Alcohol Beverage License before: Yes If so, give year of application and its disoositi ofi 2022 in proceagIf so, give year of application and its disposition: 2022 in proceas Are you familiar with Georgia and Augusta-Richmond County laws regarding the sale of alcoholicbeverages? (X)Yes ( ) No If so,pleaseinitial;ff-1_ 16. @ 18. 19. Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or areemployd or have been employed, ever been cited for *y ,iolution of the ruies andregulations of Augusta+Richmond county or the State Revenue commission relating tothe sale and distribution of distilled spirits? ( ) yes ( X) No 20.Have you ever been anested, or held by Federal, state, or other law-enforcement authorities, for any violation of any Federal, state, county or Municipal law, regulationor ordinance: (Do not include haffic violations, with the excepion of any iffensespertaining to alcohol or drugs). All other charges must be included, "ren if th"y ur"dismissed. ( )Yes (X)No Ifyes, give reason charged or held" date and place where charged and its disposition. If yes, give tull details: If a new attach a surveyor's plat and the straight line distance from theproperty line of school, church, library, or public recreation area to the wall of the 21. 22. 23. List owner or owners of buildine and orooertv. List the name and other required information for each person, firm or corpo.ation having any interest in the business. * building where_al_co_hol beverages are sold. 4y 91"*t -41ed{ -- c) school 316 var&s D riqlv J:ry{JFiE^31 Pybric @24.State of Georgia, Augu{ta-Richmond County, I, Do solemnly sear, subject to the penalties offalse answers made by me as the applicant in the trtre. 25.I hereby certifr That hdshe signed application are known to be, and answers made herein, and, under oath actually Otat said and answers the and and understood all administerd bv me. Thi"f.4r(da; of ' The Board of Commissioners on the _ day of (Approved, Disapproved) the forgoing application Administrator in the year _ Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-67 Department:Planning & Development Department:Planning & Development Caption: Motion to approve New Location: A.N. 22-67: A request by Jacqueline Stephenson for a retail package Beer & Wine license to be used in connection with Family Dollar >6198 located at 2020 Gordon HWY. District 2. Super District 9 (Approved by Public Services Committee September 13, 2022). 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 pro-rated 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: PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-68 Application Type: Retail package Beer & Wine Business Name: Mini Mart Hearing Date: September L3,2O22 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Raju Vemuganti Propefi Owner: Shiva Vuppula Address of Property: 3307 B Mike padgett HWy Tax Parcel#: 1-23-1-065-00-0 Commission District: District: 6 Super District: j.0 Background: Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-1 (Neighborhood Business)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONSIDERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business.o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. ' Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Storeo Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.o Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-54 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (L2) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of SOOS.OO. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. Augusta-Richmond county planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL Alcohol Number Name of Business Business Address BEVERAGE APPLICATION Year ---- Alcohol Account Number ( 2-nZ?.-6 qCIo'+"r'twitfi ?A-clA 'goq'o I /"1l. 2. 3. 4. 5. City_4u q \:;7ffi state *<+4__ zip _=trtEt- Applicant Name and Addresi: f;rSlr. . V en, ,C, AA ,;7+ Applicant Social Security # If Application is a transf'er, hsr prevrous App.!s.^,. Business Location: Map & parcel Location Manager(s) Islpplicant an A,rerican citizen or Alien lawfully admitted for pernunent residency?tzl Yes( ) No OWNERSHIP INFORMATION Attention I 5. What type of business will you operate in this location?( )Restaurant-Full ( )Lounge (,{onvenience Store( )Restaurant-Limited ( )Packagestore ( )Hybri<l( ) Other: 6. 7. 8. 9. 10. 13. 14. a/ ll. 12. Corporation (ilapplicable): Date Chartered: 6 I z-O I >-o Zt_MailingAddress:a3r>+ o nty:3 pffiug?A Name of Business F4 L- u Ft, 'a ll (" - - \ 'qt _3dgoc 4(Jg()rz^ A G?G6 Address City/State/Zip 4uqr2llai.. q4 --i;E.6 -Ownership Typ e: grfcorporat on ( ) partnership ( ,I,IndividualCorporareNanrc: R43o Ve*[)Ct&ilflList ,anre and other required infor*ution Prorated License Fee: (After July I ONLY) $ Have you ever applied for an Alcohol Beverage License before: \l € 1Ifso,giveyearofapplicationanditsdisposition:Zou)_ Are you farniliar with Georgia and Augusta-Richmond county laws regarding the sale ofalcoholic beverages? (f^Yes ( ) No If so, please initial V. t-. Name Position Interest(6,1,&^49, - t .,a QLJ,, Ja-'l . ztil kt(3.t *2- a,+A.1r/-, tc*a z ,icense [nfometion Llrlilor Rem Wrne l)ance Sundav Salesletail Packase Dealer ;OnSUmOtlon on Premrses Vholesale Total License Fee: $ 16. 18.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are ernployed, or have been employed, ever been cited for any violation of the rules and regulations of Augusta:-Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (-XNo If yes, give full details: Have you ever been arrested, or held by F'ederal, State, or other law-enforcement authorities, for any violation of auy Federal, State, County or Municipal law, regulation or ordinancc: (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs). All other charges must be included, even if they are dismissed. ( )Yes 0y'No Ifyes, give reason charged or held, date and place where charged and its disposition. List the name and other required information for each person, firm or corporation having any interest in the businessd/a If a new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. 20. 21. 22, 23 A) Church B) Library C) School D) Public Recreation 25. 24.State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties of false swearing, that the statements an answers made by me as the applicant in the forgoing alcoholic beverage application are true. I hereby certify that s is personally known to and understood all statements and answers made herein, and, under oath The Board of Commissioners on the _ day of (Approved, Disapproved) the forgoing application , in the year List owner or owners of buildin Administrator Date Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-68 Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 22-68: A request by Raju Vemuganti for a retail package Beer & Wine License to be used in connection with Mini Mart located at 3307 B Mike Padgett HWY. District 6. Super District 10.(Approved by Public Services Committee September 13, 2022) Background:This is an existing location. Formerly in the name of Anil Kasturi. 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 $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: PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-69 Application Type: Retail Package Beer & Wine Business Name: Fuel Express Hearing Date: September 13,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Victor Stonislous Property Owner: DMR LLC Address of Propertyz 27OO Gordon HWY Tax Parcel #: 098-3-245-02-0 Commission District: District: 2 Super District: 9 Background: Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONSI DERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. o Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store/ with Gaso Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. @ Augusta-Richmond county planning & Development Department 1803 Marvin Griflin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Name of Business Business Address Applicant Social Security i If Application is a transt'er. Year l. 2. 1 4. 5. 6. 7. 4.8A. f:uEt ExPtx Business Location: MupAlT"] ZoningLocation Manager(s) Is |pplicant an America. citizen or Alien lawt'ully adndtted lor permane,t residency?(4 Yest ) No O\ryN ERSHIP INFORMATIONll.Corporation(ifapplicable):DateChartered.12. Mailing Address: Name of Business Attention Address City/StatelZip t3 Ownership Type: (f Corpoiation ( ) Partnership ( ) Individual14. Corporate Nanre: What type of business will you operate in this location?( ) Restaurant - Full ( ) Lounge (f Convenience Store( )Restaurant-Limited ( )Package Store ( )Hybrid( ) Other: 8. 9. l0 l5 16.Have you ever applied fbr an Alcohol Beverage License beforc: /Vf-]If so, give year of application and its disposition: Prorated License Fee: (After July 1 ONLY) g Are you fantiliar rvith Georgia and alcoholic beverages? (4 Yes ( ) Augusta-Richmond County laws regarding the salc ofNo If so, please initial g,(. City Applicant Name aird Addiess: Alcohol Account Nu a", 1O3! - I 3L{ r>, usr prevlous Apptlcanr; Name Position ssNo#Address lnterest tltoJoP- RF *iti;Pat oN^lFP-)tu 2, /l4Bpsv Bn.,1 oo "/^ STnntr,r Rt.,.(nV AuSTAt6'A.Zr"lot ,icense Information Liouor Rffi Wrne [ )nnce Sundav Salesletail Packase Dealer -lonsurnntion on Premises Vholesale Total License Fee: S t7 18. 19. Attach a passport-size photograph (front view) taken within two years. Write narne on back of the dealer submitting the license application. If yes, give full details: Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Augusta:-Richmond County or the State Revenue Commission relating to the sale and distribution ofdistilled spirits? ( ) Yes ("2) No Have you ever been arrested, or held by Federal, State, or other law-enforcernent authorities, for any violation of any Federal, State, County or Municipal law' regulation or ordinance: (do not include traffic violati6ns, rvith the exception of any otTenses pertaining to alcohol or drugs). All other charges must be included, even if they are dismissed. ( ) Yes (l No If yes, give reason charged or held, date and place where charged and its disposition. 25 2l . List owner olowners of building and property.LtcK PnTE"k 22, 23. Lirt th. *n1" *d oth* required information for each person, fimr or corporation havins anv interest in the busincss.l\fortL' 11 u ."* application, attach a surveyor's plat and state the straight line distance from the proirerty lirie of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) Church B) Library C) Scho6l D)Recreation State of Georgia, Augusta-Richmond County, I, answers made by me as the applicant in the alcoholic beverage true-'itt- r hereby certiry,n., V , o* O . Sotoilsltll* .rso,allv known Tl-rat helshe signed his/her name to the forgoing allocation stating to me that and understood all statements and answers made herein, and' under oath tary Public The Board of Commissioners on the -- day of (Approved, Disapproved) the forgoing application Administrator , in the year Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-69 Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 22-69: A request by Victor Stanislaus for a retail package Beer & Wine license to be used in connection with Fuel Express located at 2700 Gordon HWY. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Background:This is an existing location. Formerly in the name of Asfaque Khan. 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 $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: PIANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-7I Application Type: consumption on premise Liquor, Beer, wine & Dance Business Name: Da Six Hearing Date: September L3,2OZ2 Report Prepared By: iulietta H. Walton, Business License & Customer Service Manager Applicant: Chadwick Bush Property Owner: Ponderosa Steak Barn of Augusta Address of Property: 2623 Deans Bridge RD Tax Parcel #: 086-1-081-00-0 Commission District: District: 2 Super District: 9 Background: Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business) Zone o Distance Requirements: The proposed location for consumption on premise Liquor, Beer, Wine & Dance meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONSIDERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business.o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. o Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Lounge/Clubo Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (L2) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 52,337.50. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applica nt's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. Augusta-Richmond ALCOHOL BEVERAGE Alcohol Number ._.- year Name of Business Business Address City 9^"^lr1y Planning & Developrnent Deparrmenr 1803 Marvin Griffrn Road Augusta, GA. 30906 APPLICATION Alcohol Account Number t. 2. 3. 4. 5. 8. 9. 6. '1. Busirress phdirrc( 7Cb ) ?j4 - +;aS - rl.,* Applicarrt Name and Address: qtfi7An*-. Applicant Social Security #lf Application is a transfer, list previous Applicant 8r^eA Business Location Location: Map & Parcel Manager(s).Zoning 10.ls /nnticanr an Anrcrican citize, or Arierr lawtirlly admitted for permanent resitlency?(V) Yesl ) Nc OWNERSHIP INFORMATION Corporotion (if applicable): Date Chaftered:tl l2 Maiiing Address: Nanre of Business Attention Address City/State/Zip <-u.rDd &o n IJ t4 Ownership Type: (v,) Corporation Corporate Name: L,ist traure and other required information f* "u"1, p".r.r, fraring iui".tcst it, rni. fruri,,"i*. What type of business will( )Restar:rant-Full you operate in this location?( )Lounge ( )Convenicncestore( )PackageStole ( )Hybrid Prorated License Fee: (Atier July I ONLY) $ i6 Have you ever applied for an Alcohol Beverage License before: iV0If so, give year ofapplication and its disposition: ,icense Infonnation I-icuor Ilem Wine I )ance Sundav Salestetail Packaee Dealer -lonsurrDtion on Premises x '*x x ilholesale Total License Fee: $ 17. Ale you familiar rvith Ge/rgia ancl Augusta-Richmond County laws regarding the sale ofalcoholic bbverages? (Vi Yes ( ) No lfso. please initial ef?_ i8. l9 22. 23 Attar:h a passport-size photograph (frorrt viera,) taken within two years Write nanre on back of the dealer subnritting the license application. II'yes, give full details: disnissed. ( ) Yes (V)No Ifyes, give reason charged or held, date and place where charged and its disposition If a uew application, attach a surveyor's plat and state the straight line distance frorn the property line of school, clrurch, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) Church B) Library C) School D) Public Recreation24. State of Georgip, Augusta-Richmond County, I, Do solemnly sear, sutrject to the penalties of false swearing, tlrat the staternents and tnlc Has any liquol business in which you hold, or have held, any lluancia, iirtbrest,'.,r' are employed, or have been employed, ever been cited for any violatior-r of the rui,.s and regulations ol Augusta=-Riclruond County or the State Refnue Cornmissio,r rclirrrng ttr the sale and distribution of distilled spirits? ( ) Yes (/) No 20.Havc you ever been arrested, or held by Federal, State, or otl'rer law-enforcelnent autlrorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance: (Do not include traffic violations. with the exception ol any otf'enses peltaining to alcohol or drugs). $l other chalges must be included, even if th€y are 2l . List owner or owners of buildinu and DroDertv.fontrct<r, S+rtk flirn'ei" /,lnsla List the name arld other required infonnation for each person, firm or corporation having any intercst in the businest. fi,r*, 25 l herr'hy ceflrr.,,Jh u c ltc,Jhrk i4lLpli"o"t signutut" is personally krro111urorhg7,, That he/siic sigrtetr his/her name to the lbrsoinc allocation statina to me rhat$E)irhlftYA;;arl'That he/siic signetr his/her na*dio tt',. f'org.*ig utfo"rtio,*rmting ro me tfitf*fh)+t*Yq1(,rr. and undc-stoo.l atl statemenrs and answers made herein. and. ,naegl<$[ii.;tiiil][Oaj?6*, adrninis(crctl hy mc, has swonr rhat said statements and answers are true:t^Qc--.oc'- 4:,"1?Tlris ).t' ttayof )uly ---<----:+rrheyear )D#: '$orARr.x'Z-:q;;?{Z inlheyear ;ra#:' tl:rAR,1.x 17? \ F'- The lloard of Commissioners on the __ day of (Approved, Disapproved) the forgoing application , in the year _ Administrator Date Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-71 Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 22-71: A request by Chadwick Bush for a consumption on premise Liquor, Beer & Wine license to be used in connection with Da Six located at 2623 Deans Bridge RD. There will be Dance. District 2. Super District 9.(Approved by Public Services Committee September 13, 2022) Background:This is an existing location. Formerly in the name of Celvon Mitchell. 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 $2,337.50. 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: PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-70 Application Type: consumption on Premise Liquor, Beer, wine & sunday sales Business Name: Taqueria El Patron ll LLC Hearing Date: September L3,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Solvador Villasenor Property Owner: Richmond Station LLC Address of Propefi: 3435 Wrightsboro RD Ste 1130 Tax Parcel #: 041-0-018-04-0 Commission District: District: 5 Super District: 9 Background: New Location ANAIYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for consumption on premise Liquor, Beer, Wine & Sunday Sales meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONSIDERATIONS: o Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business.o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. . Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Full-Service Restauranto Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL !MPACT: The applicant will pay a pro-rated fee of 53,492.S0. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. * Au gusta-Richmond Co-yly planning & Development Department 'tx',$illttiffrnroad ALCOHOL BEVERAGE APPLICATION Alcohol Number -- year Name Of Business Taqueria El Patron ll, LLCl. 2. 3. 4. 5. t0. Applicant Name and Address: 6. 't. 8. 9. I l. 12. If Application is a transfcr, ust previous nppticanr Applicant Social Security #D.O.B N/A Business Locdtion: Map & Parccl Zoning Location Manage(s) Leonel Galvan Is Applicant an Arnerican citizen or Alien lawfully admitted for pcrmanent residency?XYo( )No OWNERSHIP INFORMATION Corporation (if applicablc): Darc Charter€d: Mailing Addrcss: Name Of Business Taqueria El Patron ll, LLC Ancntion Mr. Salvador Galvan Mllasenor Address 3435 Wrightsboro Rd Ste-'l130 CitlState/Zip OwnershipType:ffiCorporation ( )Partnership t llnaiviaua Corporate Nam91 Taqueria El Patron ll' LLC List name and other required information for each person having intercst inttrii uGinas. What typc of business will you operate in this location?fi Restaurant-Full ( )Lounge ( ) Convenience Storc( )Restaurant-Limited ( )PackageStore ( )Hybrid( ) Other: Total License Fee: $ _ Prorated License Fee:llhlffii|ffiffi $ 16.Have you ever applied for an Alcohol Bcverage License before: lfso, givc year ofapplication and its dispbsition: 13. 14. Arcohor Account NunbeAOZZ - /5t / Business Address City AugustaCity P.ugusta ------t"t"L[y ruYe.to State cA ZiD 30909 Dr 17.Are you familiar with Georgia and AugUsta-Richmond Countytws rpg6rding the sale of alcoholicbeverages? }{Y* ( ) No lfso,plcaseinitial -a-! Y - 18. 19. Attach a passport-size photograph (front view) takcn within two years. Writr: name on back of the dealer subn;itting the license application. Has ,rny Iiquor business in which you hold, or have held, any financial interest, or are employed, or have bcen anployed, ever been cited for any violation of the rules and regulations of Augusta=-Richmond County or the State Revenue Cornmission relating to the s,rle and distribuiion of distilted spirits? ( ) Yes }( No Ifyct. give full details: Havr you ever been arr€sted, or held by Federal, State, or other law-enforcement auth,rrities,.for any violation of any Federal, State, County or Municipal law, rcgulation or ordinance: (Do not include traflic violations, with the exception of any offenses perlr,ining to alcohol or drugs). All other charges must be included, even if they are disn,issed. ( )Yes XNo If ycs, give reason charged or hetd, date and place where charged and its disposition. 20. 4,560 Strong Tower Christian Fellowship 5,280' First Advent Christian Church 25. 22. ,1 21. Lisl owner or owners of buildins and DroDertv.Richmond Station, LLC Robert F Meyers,EOO t f5O't \orttitate Or Cincinnati, Ohio 45249 builJing wherc alcohol beverages are sold.A) Chirch - C) Sc6ool 6'000'to copeland Elem school List the name and other required information for each person, fimr or corporation hdvinB ilY itrffit itr th€ buSitrBS' tto ott'ers onty satraoor oatran vuaseno, Mr. GalvanVillasenor oms Taqueria El Patron 3107 Washington Rd Augusta, GA 30907 (has no Lhuor License) Ifa new application, attach a survcyor's plat and state the straight line distance from the prot'erty line of school, church, library, or public recreation area to the wall of the B) {,ibrary 5,7,15'Friedman Branch LiOrary D) Public Recreation 7,400'Tangla^rood Part 24.Statc of Georgia, Augusta-Richmoud County, I, Salvqlg1 cq!yqqM!!q9q9q Do solemnly sear, subject to the pcnaltics of false swearing that the statelncnts and ans\vers made by me as the applicant in the forgoing alcoholic tru(.V, and understood all statemcnts and answers made hereirL and, under oath actually adnrinistered by mc, has swom that said statements and are true. n111 tst dayof August 2022 MY COMMISSION EGIRES JA}.l, 10' 2@5 The Board .rfCommissioners on the _ day of(Approved Disapproved) the forgoing application in the year Adnilnistrator Date Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application 22-70 Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 22-70: A request by Salvador Villasenor for a consumption on premise Liquor, Beer & Wine license to be used in connection with Taqueria El Patron located at 3435 Wrightsboro RD Ste 1130. There will be Sunday Sales. District 5. Super District 9. (Approved by Public Services Committee September 13, 2022) 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 pro-rated fee of $3,492.50. 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: PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number: A.N.22-22-3 Application Type: Consumption on Premise Liquor, Beer, Wine & Dance Business Name: MiamiVybz, LLC Hearing Date: September 13,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: teremy Hawes Propefi Owner: Naber Revocable Trust Address of Property: 73O Broad ST Tax Parcel f: 047-1-057-00-0 Commission District: District: 1 Super District: 9 Background: Extension (See Attachments) ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for consumption on premise Liquor, Beer, Wine & Dance meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDlTIONAt CONSI DERATIONS: . Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. o Previous violations of liquor Iaws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. o Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. o Location. The location for which the license is sought, as to traffic congestion, general characterof neighborhood, and the effect such an establishment would have on the adjacent surroundingproperty values. o The proposed location is a Loungeo Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance.o Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes.o Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein.o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAL IMPACT: n/a RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. 730 Broad Street, Augusta, GA 30901 4U.423.3859 jeremy. hawes@m iam ivrybza ug.com August 25,2022 ATTN: Augusta Planning and Development (Licensing and Permittirg Dtuision) My alcohol license was approved and made effective as of 4/20/22. Miami Vybz is still underway, but we've encountered a few issues during the renovation planning phase that have caused significant delays. As a result, it appearc that we will likely not open for business until late this year or possibly early next year. Due to the unforeseen circumstances that we've run into with planning to renovate the poorly conditioned historical building, l'm respectfully requesting that the l8Gday period stated in Sec. 6-2-73 of the Alcohol Ordinance he extended untilwe have opened for business. Regards, /4*db Jeremy T. Hawes Owner, Miami Vybz ORIGINAL Augusta-Richmond County l8l5 lv{arvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Ycar - AlcoholAccouat Numbcr Name of Business Business Addncs MEmi Vytz LLC 730 Broad SUBot City Sute Geo€ia Zip 3tp06 Business Phone (fEl) rt2i}3859 Honre Phme f ) Applicant Narne and Address:JeremYH*€s 1832 tledss Way Anrsta. C,A 30906 Applicant Socisl Security IfAplication is a fansfer t{orp Businecs ["ocatio,n: Ir{ap & Parcel location Managcr(s)Jeremv tlarc Is Applicant an Amsrican Citizetr or Alia lawfulty afuitted for permanent rcsideocy? (x)Y€s ( )No OWNERSHIP INFORMATION Corporation (if applicable): Date CharErcd; l'lflte Maiting Address: Nanre of Business t{iami \rYtz LLC Attention JercmY Hanes Address 1832 tbqfrters WaY Citylswrniq Argrnna'GA30906 OwnershipType: ( )Corporatiou ( ) Parto€rship (X) Idividtal Corpo-ate Name: Nqte List rame and other rcquired information for each person hsving iotercst in tiis hsiness. 15.What typ€ of business will you opcr-atc in lhis location? ( ) Restaurant (X) Lotmge ( ) Cmvenience Stre( )PackageStore ( )Other: Total Liccnse Fee: $ Proratcd Licsos€ F€e:(Aflcr Julv I ONLY) $ 16. Have you ever applied for an Alcohol Beverage License before: If so, give year of ap,plication and its disposition: Are you familiarwith Georgia and Augusta-Richmond County laws rcgarding the sale of l. 2. 3. 4. 5. 6. 7. 8. 9. #_ ; list previors applicaot: D.O.B. 10. I l. 12. t3. 14. Narne Position ssNo#Address Interest Jercmv Hares OrnedGM lfr! H.-!rr tryd. A-E sL. GA $$lWlo License tnfonnation Liquor Beer Wine Dance Sundav Sales Retail Packaee Dealer Consurrption on Prcmises x x x Wholesale l7 alcoholic beverages? (X ) Yes ( ) No If so, please initial. JH 18. Attach a passport-size (front vicw) taken within two years. Write nanr on back of tte &let submifiing the license application 19.Has any liguor brsiucss in which you bl4 or havc hcl4 ady fiamcial interesr, or ur 20.Have yo, ever boen firest 4authoritieg for ary violation of any Fcdcfrai, state, county or t"tunicipal l"*, *gul"tiooor ordinance? (Do not inclu& traffic violations, witr ;he exception of any otrensespertaining to alcofuol * e,rs.]- All other chargcs mtst be irch;H, "r* ir they aredismissed. ( )Ycs (X)No employd or havc been cnployed, evcr bcm citcd for any violation of thc nrles andregulatiuts of Richmurd Comty or the Strte Rerrenrc Commission relating to the sale and distribution of distillcd spiris? ( ) ycs (X) No lfyes, give full details: Ifyes, give reason charged or held, dare and ptace where charged ard its diryosition. List own€r or owners ofbuilding and prope.ty. Matr€r Nabor List tbe name and otter required i"formutio" any interest in tk business. Jerefilv Harc b the srk owiler and h6lQo% hbr"6t h Oro fuslnes. If a new application, attach a surveyo,r's ptat an property linc of schol, church, library, u public recreation area to the wall of thebuilding wherc alcohol beverages arc sotd. A.) Church B.) Library C.) School D.) Public Recreation 21. 22 23. State of Georgia, Augusa-Richrmnd County, I, Jeremy Ha*ea Do solernnly srlru, subject to the peaaltie of false ss/€aring; that the staiimeats ana 25. arswers madc by ure as the applicant in the forgoing a beverage application are true. Applicant OFFICE USE The Board of C;ommissioners on the _ day of (Approved Disapproved) the forgoing application. CHANLEE R JOHITSON Notary Publlc . Strte of Georga Rlchmond County &y Commirslon Erplret Oct 17, Administrator Date , in the year_ Commission Meeting Agenda 9/20/2022 2:00 PM Alcohol Application-Extension Department:Planning & Development Department:Planning & Development Caption: Motion to approve Extension: A.N.22-22-3: A request for an Extension for the consumption on premise Liquor, Beer & Wine license to be used in connection with Miami Vybz located at 730 Broad ST. District 1. Super District 9. Alcohol License approved on Tuesday April 19, 2022 (Approved by Public Services Committee September 13, 2022) Background: Due to unforseen circumstances that the applicant has run into with the planning to renovate the poor condition of a Historical Building. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:n/a 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: Johnson Controls Fire Protection, LP. 3243 Sunset Blvd. West Columbia, SC 29169 Telephone: (803) 476-0000 Fax: (803) 476-0039 August 22, 2022 ATTN: Paul Strycharz Augusta Regional Airport Augusta Ga Dear Paul: I would like to take this opportunity to justify Johnson Controls Fire Protection as the sole-source provider of the service needed on your software based Simplex Brand fire alarm system. Microprocessor-based alarm systems operate on life-safety software that is proprietary to each manufacturer. This is common throughout the industry with fire and security alarms, building automation, and most electronic systems. The operating programs are specially written to meet the requirements of the facility in which the system is installed. There are no educational manuals available from which a third-party technician can qualify to field edit the software, properly trouble-shoot, or repair the system properly. The program is retained in “read only memory” to allow password-protected field editing by factory trained, technicians only. This is done to protect the building owner, as well as the manufacturer, from liabilities that will arise from improper maintenance, repair, or program changes to the system. Replacement parts for the Simplex Brand fire alarm system are manufactured by Johnson Controls, Inc. and available through Johnson Controls Fire Protection only. Please don’t hesitate to call me if you have any questions or need additional information. We thank you for your business and look forward to serving you. Sincerely, Trey Wolfe PSR Commission Meeting Agenda 9/20/2022 2:00 PM Contract with Johnson Controls, Inc. in the amount of $63,833.00 Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the contract with Johnson Controls Inc. in the amount of $63,833.00 for the installation of a new fire alarm system replacement upgrade for the Augusta Regional Airport Hangar 2 location. Approved by the Augusta Aviation Commission on August 24, 2022.(Approved by Public Services Committee September 13, 2022) Background:This is to replace an aged and presently faulty fire alarm system for Hangar 2. The existing system is not Johnson Controls, (Simplex) which exists airport wide. Johnson Controls, Inc. (JCI) is the sole source provider for all fire alarm security equipment to airport buildings facility wide. The proprietary nature that is associated with their systems deems it impossible to affiliate with any other service company. Analysis:This is to properly upgrade and complete the work at Hangar 2 by installing this fire alarm system in a building with a non-compliant system in place. Additionally, this affords added protection to a standalone building, located away from the terminal, creating the ability to communicate to the main system’s monitoring protocols requested by the City of Augusta Fire Marshal. Financial Impact:This project will be funded with Airport Enterprise funds. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on August 24, 2022. Funds are Available in the Following Accounts: 551081205-5421110 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Diamond Lakes Restrooms Department:Augusta Commission Department:Augusta Commission Caption: Update from the Augusta Recreation Director relative to the construction of restrooms at Diamond Lakes. (Requested by Commissioner Alvin Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta Georgia Augusta, GA 30901 Central Services Department, Fleet Management Division 1568-C Broad Street Augusta, GA 30904 To: Procurement Department 535 Telfair Street Attn: Mrs. Geri Sams 'iE $il';-:r ;;:5 i i:i: i rii (706) 821-2892 Phone Date 24-Aug-22 Re:$ole Source Request RC Slope Mower Utilities-Facilities Maintenance We are sending you herewith: Prints lX lDocuments Submittals Samples Cooies Description Date1eaSole Source Packet - RC Slope Mower 08124t22 Receipt Acknowtedged By: W g oa",d{A-SlUryme: l2,,zl ? \(Approved Reiected x For Your Approval ><Approved as Noted Rev & Resubmit For Your Use You Mav Proceed Do Not Proceed PIease Return Gorrected or Approved Gopies cc: File 1 R E M A R K S Mrssams: I 3e6,^ircs &nnrr,,>sion prppra.l & The attached Sole Source Request Packet is to seek approval for the purchase of a Remote Control Slope Mower as requested by the Utilities-Facilities Maintenance Division. We received the identical equipment for another department at the end of 2021using the same process. lt was deemed to be a useful safety conscious mower in an effort to tackle the maintenance of dangerous slope landscaping. Please review when time permits. Thank you Laquona C. Sanderson Specialist - {-r**-u-t t :-y" F (; I A E Vcril?Numbcr:804rm 4tr-16 Datr: Date: Print Form ** (l %Lzt SoIo Source Jurtl1cetlon (Roferenoc Adcle 6 Procurcncnt Source Selccdon Mcthodr eud conhrc Awarda S f -f 0€6 SOIE SOT RGE PR@UREilENT Vendor: Jet-Vac EqulPment ComPany l"lC Cmmoditr RemotecontrqllGd.t ostg- fmim*ed annral expoditure for ths above cmmodity or aervicc: $60.322OO hitiat atl entrice bclow thet annlv to tho pmpogcd purEhlte Afich a mcmoranfrrm mntaining complcte as dkcsrd h ilddd eatry. (Ms,c than os cary will apply to moct sole source pro&rcdserviocs rcqucotod). l. soLE soIlRG REQITEST IS EOR IIIE ORIGINAL I\dANtr cfirREl' oR PROVIDE& IEERB ARE NO REGIONAL DISTRIBTTORS. (Atltoh 6c umufictutr'r tribn ccrtificdion thd no rcgioal dieeibutur qist Ittm no. 4 d8o rlltd be cmpleted) 2. soLE SOIIRffi REQITEST IS FOR ONLY TEE AUGUSTA GOR(ilA AREA DISTRIBUTOR Or uc oRIGIN/tL MANITTACfl RER OR PROVIDR- (Afisdr thc Eoufirtrdr - oot thG di!fiibubr'r - writtcn ccrtificdion &d idcdifics dl rcgioDal disuihttom. Itrm no. 4 also rnud bc corylctcd.) 3. IIIE PARrS/EQIIPI4EX.m ARE ]ftT INTERCIIANGEABTB WTIII SIMILAR PARTS OF AI{OTHER MANUFACfiJRER- (E'xplain in ryrm mcnorandum') 4. TIIIII E TIIBONLY KNOWNmEM OR IIELVIG TIIAT WILLMEETTHB SPECIATIZED NEEDS OF TIIIS DEF RTMET{T OR PERFORM TEE IMENDED Ft NCTION. (Attach mcmorofirn wilt dctailr ofspocializod fnnctio or applicuion') x Naos: SteveOrton Deprm€ntHead Signat Ap,proval Au&mitY: Tm PARTSIEQITIPMEiIT ARE nEQITIBEI) FROM THIII So(IRCE TO PERMIT Sialoenozeiron (emech mc6onnoln rt€s6ibilg bGfu for ctaill6di2ation m$Ht) NO}iIB OF IgE ABOVE APPLY. A DETAILBD EXPTAIiIATION AND JTTSTII]ICATTON FOR TEIS SOLE SOIIR@ RSQITEST E CUI{TAINE) IN AITACSED MEI{ORANDIJI{. The rmdersiped r€qucsb that cmpetitive procmrtmcnt bc wai'/cd and that tho vtndm ideotiffcd as the nrpplier of thc scrrrii o, .airial OcscriU* in Ois goto eouoe justificotion bo aruilqiud ag a sole sorrce for lhe 8tfl'ics mmatcrial. 5. 6. Dcparhctr Administr1torAp,prorm}'Wquina-mtrcquirod)- Ddc: - - COMMENTS: ; -R"t^ireS Co^vv1i ssrb^ ATproLr") nes.se-PtLPdre- G'r\ N^du C<tYt' UTILMES DBPARTMENT Wcl Byrq P.E Dlne(tor r10: TERU: trROM: CC: DATE: GEri Smts Diroctor, frrocurcmgl.fp€,p'artmeilt Wes B1me, YtY,. ) , l, Director, Utili$es ffimccrt Stephen Ort ; 8Dn022 SIIBIECT: ruSTIFICATION FOR SOLE SOURCE Attachd is a $60,332.fi) quotc for the prchase of a TK-S2)(P Tmcked 52" Rotary Mower. The TK-521(P mower qrcrates oompletely by rrmotc contol (ro cables or tethers) and is thc only known itcm trat will p€rmit Utility naintenanoe stafrto safdy mow meas on the Augtsta canal md reservoirs, wbich have slo,pes up to 50 degrees. It ie dmgerous for our staffto uso riding style mowers in thcse reas due to the risk of equipmcnt rcllover. We believe that this cquipm€nt is a saf€r and better alterndive to help us meet oru continuous maintomce needs. AIso attac,hed is a lctter fi,om RC Mowqn desiFafing Jet-Vac Equipment Comeany as tbc sole source prrovider of RC Mowers products in the State of Goorgia Aulutr lltlldcr llcpumat 452 mlkEr St!+ Suib 2CI - Angsta, GA 30901 006.) 3124114 - Fq (706) 3l2rf l23 WWW.AUG'STAGA"GOV Ju\y26,21J,22 RIl RG llournr - Slndo 3otrcc To Whom it May Concern: Thank you foryour interest in RC Mouarc. Our products are designed to mow steep stopes and dltlicutt terrain safety and efffcientty, sotving age-old grounds maintenance probtems with a high-tech and innovative solution. Please note that Jet-is the sote sounce of RC Mowers products in States of Georgia, South Carolina, and Fl,orida Shoutd you have any questions. please feel free to reach out to rne directty. Sincerely. Jordcr fonh.lr I Sates 0perations Managerl RCMOWFRSI.,lSA COM 480-848-8?04 direct 92O-634-X227 ottice 2115 E lherfietd Aye / 9nrnico. tll 51173 W\rYw. rCmOWerSUsE. COrn e&a,2:leilt OSmOrb FUNOASHENFFS ASSOCTATTON fiGeorgie *tEEwlo8l2o22 Quotcd To: Augusta Parlc & Recr€atlon Departmcnt 2027 Lumpldn Rod At G[rsirA GA 30906 SourceuuellA ffi*r locruon: AIIjNTAQu6lumbr: Q00152 EOIIV De/Ep @lO7l2Oi223d..D.ron: ROBSPITIER (678) s25-7938 robOrct{lc.coflinrfont5h! Al.lBER WIIIIAIIS (80t) 84&1138 ambetQJet+nc.om t& propose b ftrmbh the cqulpmsrt dcslbcd h.GIr h 6d fit tha rpccmcadon, tlfttE, ttd condruorr otlfncd. t{EU RC ilOU{ER TK-szXP: REITIOTE OPERATED - rraCked 52" ROtary stock tumber: E000058 l,tachlne serial #: 623065 ltower, 27hp xawasaki engine, 50' llar( slope Addltsonrl Chrl'tc xrritcH, 4500L8Iil TALL, UINCH 59,250.00 Solllrry Pr{co: Tlr: llct Salllng Ptlcel enpUtU 952.00 130.00 60,332.00 60,332.00 fGdlryt dirflOat.cil&td{ad@llC0t{lNrlAr€ VUEB?ltEBEyEttl+l,JOlBllt4lrrSFlOl2AFl0E+PRD tn CHECK ALL TIIAT DATE:8rs12022 DMSION Facllltles Meintenance SHIPTO: 2822 CenEal ave. Augusta"Ga JUSTIFICATI(X{ AIID AUGUSTA UTILITIES DEPARTMENT IN-HOUSE REQUISITION A??LY: @ wrra E ecnpi,arE orxrclr ! ua El scmn ftrors ! oses E um*x E] sfeuEs E smv E *erun fl msrrnol E *nucr flmra ! umnaurrEl orle FORPTIRCHASE: rtr{,,TJI4yTEDI'JY,:a'atu APPIIOVIiDIIYz ',*wfuffi Rev.42912013 REOUISMONf -#.lJ n lJ Ro,rnilE Q rml ! aaearr ! nwarorv @ so-eoucrf] eona E enennel Remote controlled mowerfurthe r$cnoir and canal From: Stephen Orton <Sorton @ausustasa.F,ov> Sent: Thursday, August M,202212:16 PM To: Anthony Sebek <ASebek@augustasa.sov> Subiect Mower Tony, I saw parks and rec. with a mower from RC Mowers that we had been looking at as well do you know if they bought it, it is a remote controlled mower Step he n H. Orto n E IT,CAP,CCST, M aster Electricia n Augusta Utilities Department Maintenance Superintendent Cell- (705) 835-7283 sorton@augustaEa.qov ,,It doesn't make sense to hire smart people and telt them what to do; we hire smart people so they can tell us what to do." Steve Jobs W!4ryJ5ABIE This e-mail contains confidential informatron and is intended only for the individual named. lf you are not lhe named addressee' you should not disseminate. disrribute or copy this e-mail. Please notify lhe sender immediatily by e-mail if you have received this e-mail by mistake and delete this e+nail from your system. The City of Augusta accepts no liability fo; the content of this e{iil 6r for tne consequences of any aciions taken on the basis of the information provided- unless that information is subsequenfly confirmed ln writing. Any views or opintons presented in this e-mail are solely those of the aulhor and do not necessarily represent those o{ the City of Augusta. E-mail transmissions Cannot be guaranieed to be secure or error-free as information could be intercepted, conupted' lost' destroyed, arnve late or incompleG. or contain viruses. The sender therelfore does not accepl liability for any enors or omissions in the content of this message which arise as a result of the e-mail transmission. lf verification is required, please request a hard copy version. AED:104.1 cgt?tFtED Subfect:FW: [EXIERNAL] EQUIPMENT QUOTE: RC MOWER TK-szXP From: Tess T. Thompson <TThompson@augustaga.gov> Sent: Tuesday, August 09,202211:45 AM To: Anthony Sebek <ASebek@augustaga.gov> Cc: Dionne Glover <DGlover@augustaga.gov> Subject RE: IEXTERNALI EQUIPMENT QUOTE: RC MOWER TK-s2xP If they want to proceed with this, please charge to: 506043580-s421120 Currently, there is $50,000.00 in the budget. Dionne can increase it to cover this purchase. Let us know if you may need additional information. Thanks. .,%;;,%,aytnz, MSA Finance Manager Utilities Department Augusta. GA 30901 Tel. No.706-3124147 Fax No.706-3124123 tthompson@ausustam. gov .ff- Water ls Life AUGUSTA UTILITIES r: r '-..:- .- '--.) "For I know the plans I have for you," declares the Lord. "plans to prosper you and not to harm you plans to give you hope and a future!"-Jeremiah 29:l I From: Anthony Sebek <ASebek@auPustaEa.sov> Sent: Tuesday, August 9,202211:31 AM To: Tess T. Thompson <TThomoson@augusta Subfect FW: [EXTERNAI] EQUIPMENTQUOTE: RC MOWERTK-52XP lmportance: High Good morning Tess! Just as a heads up I think Stephen Orton will be reaching out to you for funding to purchase this on a sole source request for $60,332.00 Respectfully, Tony Ofrr*howd.6e"A Anthony M. Sebek Fleet Operations Specialist 1568 Broad Street, Bldg C Augusta, GA 30904 OFFICE: 706-821-2894 asebek@auqustaoa.oov U19n2,1:55 PM BA - Budgot to Actual Figurss(GLJL- Budget @ntrol)) qq Q lnnps://aug'lsoljobvoo2.augustasa.sov/Production/tlavigatfl/tQfi$GU'] LBC =? AUGUSTAGEORGIA Budget to Achral Report By Budget Control kdgcr: GL Fircel Yesr: 2022 Pqa6; 506 0rg Kcy: 506043580 Oblect Codc: 542ll20 Dircclorr Namc:gy11g Budsct Cotrtrol Dcscrlptioo o- Budgtt: PE AtOlz Otll9l2022 Brlance AS Complete Budcet Act[rl Encumbrrnce Capital Outlay Ibtal Rcvenuc Totd Erpenrc Net 5r.000.00 0.00 5t,000.00 0.00 0.00 0.00 0.00 ---- 61,1n0.00 0.00 - 0.00 51'000.00 --- (61,000.00) 0.00 0.00 (6r.0{10.00) Urr IDr A391663 - Ailhm,/ Scbct RrDorr tD: GLIQBAGLTLBC - BA - BldrEl to Aohtsl Figuc6(GUL CumtDil.:0649f2022 Curertflor: l3;55;16 hfips://lsohreb.augustaga.gov/Flnanoe/cddly'lewReport.aspx?Repoil=oA7b,037E6FCS4811.(176-93F+50F74F3D261E%7d&StoragB=au9'lsolap$0... 1n Ir.^tl".'-'ttr- rt\ 4fiif {n*',r . .t:."r; d':r H'i i ;S,'' I i,::1" i.. - ,elc tb1.. l r.'!,t, l_l ^--i ti^ _I +.l-.-j#, ,i;h i .:*ffi '',..'. ' ,l^lri.i1.:,i.'i .: .,!-i,,. :.4,\ _.:- .1, - -til -l ,ff ,ll- t{fJr',B- E-€r-.ffi* -t { ffi,3r< .;I#+?, t Commission Meeting Agenda 9/20/2022 2:00 PM 2022 - Utilities-FM Slope Mower Department:Central Services Department:Central Services Caption:Motion to approve the purchase of one new Slope Mower, Remote Type for $60,332.00 from Jet-Vac of Atlanta, GA for the Utilities Department- Facilities Maintenance Division. (Approved by Administrative Services Committee September 13, 2022) Background:The Utilities Department-Facilities Maintenance Division is requesting to purchase one new remote controlled Tracked Slope Mower, to support its service operations throughout Augusta-Richmond County. This mower type is being requested for use on a variety of extreme slopes that are required to be maintained and in the interest of employee safety concerns. This equipment will allow for safe and efficient landscaping operations when the slopes present a safety hazard to the employee. Analysis:This request is for the approval to purchase of the Jet – Vac Remote Mower through sole-source procurement. The equipment type required is only offered by one local vendor. Financial Impact:One (1) – 2022/2023 RC Mower 52” TK-52XP at $60,332.00 each. The total purchase is $60,332.00 for the Utilities Department-Facilities Maintenance Division. The equipment will be purchased using the following account #506-04-3580/54.21120. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one (1) – 2022/2023 Tracked Slope Mower, Remote Type for the Utilities Department-Facilities Maintenance Division for $60,332.00 from Jet-Vac of Atlanta, GA. Funds are Available in the Following Accounts: account #506-04-3580/54.21120. REVIEWED AND APPROVED BY: Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2022 Amounts Budget Comments 23-023 Reeves Construction $37,800.00 $207,230.00 23-104 NO $5,871.76 $30,000.00 23-114 NO $394,207.02 $500,000.00 23-028 Dillon Supply, ET Industrial $3,636.48 $75,000.00 23-066 Fortline ET Industrial Supply Dillon Supply $529,314.50 $1,000,000.00 $970,829.76 $1,812,230.00 Mechanic Block Time Yancy Brothers O' Reilly Auto Parts Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Total Sec. 1-10-58. Annual Contracts. Purchases on the following annual bid items will exceed $25,000.00 per order: Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Engineering and Environmental Services Department Asphaltic Concrete Reeves Construction Company Safety Supplies Dillon Supply, ET Industrial Utilities Department Warehouse Supplies Fortline ET Industrial Supply Dillon Supply Light Fleet Parts Commission Meeting Agenda 9/20/2022 2:00 PM Annual Bid Approval - Approval Request #1 Department:Procurement Department:Procurement Caption:Motion to approve required due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid items: Engineering: ITB 23-023 Asphaltic Concrete ITB 23-104 Light Fleet Parts Utilities: ITB 028 Safety Supplies ITB 23-066 Warehouse Supplies Award Recommendation is for 1 year with an option to extend for 1 additional year. Annual Bid - Service Contract Environmental Services ITB 23-114 Mechanic Block Time Award Recommendation for 3 years with an option to extend for 2 additional years(Approved by Administrative Services Committee September 13, 2022) Background:Each item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:The User Departments are responsible for the purchase of the items listed on the individual bids. Financial Impact:Purchases will be made on an as needed basis. Various funds provided by the User Departments. Alternatives:Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Award the annual bids as requested. Funds are Available in the Following Accounts: Various funds provided by the User Departments. REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Augusta Richmond County Strategic Plan Department:Office of the Administrator Department:Office of the Administrator Caption:Motion to approve postponing the Augusta, Georgia Strategic plan until the first of 2023.(Approved by Administrative Services Committee September 13, 2022) Background:On July 31, 2021, the Augusta Commission approved entering into a contract with the Carl Vinson Institute to facilitate the strategic plan process and final presentation. Former Administrator Donald suggested Community partners as a part of the steering committee. In 2023, the Augusta Commission will have four new members as well a new Administrator. In light of this change in leadership it is in Augusta’s best interest to postpone the current strategic planning efforts until 2023. Analysis:The Steering Committee will meet regularly with the consultant to build consensus on priorities identified through the Augusta-Richmond County Commission. Financial Impact:No; A no cost extension will be granted. Alternatives:1. To approve the motion 2. To move to no action Recommendation:A motion to approve postponing the Augusta Strategic plan for August until 2023. Funds are Available in the Following Accounts: A no cost extension will be granted. REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM FY2022 Continuum of Care Application Submission Approval Request Department:HCD Department:HCD Caption:Motion to authorize the submission of the FY2022 CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, to include but not limited to: Submission of the Consolidated Community Application, Priority Listing Exhibit 2 Project Applications, Certifications of Consistency, Conditional Award Technical Submissions, New and Renewal Grant Agreements and Annual Progress Reports (APR). (Approved by Administrative Services Committee September 13, 2022) Background:Each year, the City of Augusta’s Housing & Community Development (HCD) Department applies to HUD through an annual Notice of Funding Availability (NOFA) for the Continuum of Care Programs. This application is not an Entitlement Grant but a competitive application process. These funds are used to support the Homeless Information Management System (HMIS), for administrative services, supplies and to provide technical support to the City of Augusta’s collaborating homeless service agencies. This grant renews each year for the same time and amount, October 1 to September 30 (HMIS Program - $184,475). Additionally, HCD will be renewing a Rapid Rehousing project that was first awarded in the FY2021 NOFO competition and will begin operation in January 2023 (RRH Program - $186,208). There are two (2) additional renewal projects from partner agencies funded as a part of the Augusta, Georgia Continuum of Care. These partner agency agreements are administered directly between HUD and the respective non-profit agencies and only require execution by the Mayor of a Certification of Consistency with the Consolidated Plan to meet submission requirements set forth by HUD. The authority to sign these Certifications of Consistency with Augusta’s HUD-approved Consolidated Plan is requested and approved by Commission as part of each year’s Annual Action Plan submission approval. Analysis:Approval will allow the City of Augusta, in unison with local non-profit community Partner Agencies, to continue providing these comprehensive services to the homeless population of Augusta-Richmond County. Financial Impact:These are additional grant funds awarded by HUD through a competitive application process to the City of Augusta, through HCD, for continued operation of the Homeless Information Management System (HMIS) and related services (HMIS Program - $184,475). Additionally, HCD will be renewing a Rapid Rehousing project that was first awarded in the FY2021 NOFO competition and will begin operation in January 2023 (RRH Program - $186,208). Currently, there are two (2) additional projects funded through this application for Partner Agencies: 1 Supportive Services Only for Coordinated Entry and 1 Permanent Supportive Housing Program. Alternatives:Deny HCD’s request to submit this application and decline funding for the local Homeless Information Management System (HMIS), Rapid Rehousing project and two (2) additional Partner Agency projects. Recommendation:Approve submission of the FY2022 CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, to include but not limited to: Submission of the Consolidated Community Application, Priority Listing Exhibit 2 Applications, Certifications of Consistency, Conditional Award Technical Submission Applications, New and Renewal Grant Agreements and Annual Progress Reports (APR). Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Continuum of Care (CoC). Org Key # 221073215. REVIEWED AND APPROVED BY: 1 CONTRACT between AUGUSTA, GEORGIA And WC LOVETT CONSTRUCTION, L.P. in the amount of $376,320.00 Three Hundred Seventy-Six Thousand Three Hundred Twenty Dollars for Fiscal Year 2023/2024 Providing funding for HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOME INVESTMENT PARTNERSHIPS PROGRAM “2526-2528 Lyman Street” THIS AGREEMENT (“Contract”), is made and entered into as of the ____ day of ________, 2022 (“the effective date”) by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta", and J. Lovett HOPWA/HOMEs & Constructions, LLC, a Georgia limited partenership company, organized pursuant to the Laws of the State of Georgia, hereinafter called "Lovett Construction” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a HOPWA/HOME Program Participating Jurisdiction, and has received HOPWA/HOME Investment Partnerships Act (hereinafter called HOPWA/HOME or the HOPWA/HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for HOPWA/HOME Program eligible families; as defined by HUD; and WHEREAS, Augusta wishes to increase HOPWA/HOME rental opportunities and preserve and increase the supply of affordable housing for HOPWA/HOME Program eligible low- and moderate- income families through eligible uses of its HOPWA/HOME Program grant funds, as described in the Augusta-Richmond County Consolidated Plan 2020-2024, and the Year 2023 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Lovett Construction for the administration of HOPWA/HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be eligible HOPWA/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. 2 WHEREAS, Lovett Construction has agreed to provide services funded through this contract free from political activities, religious influences, or requirements; and WHEREAS, WC Lovett Construction, L.P. has been selected via bidding process to perform construction related activities on behalf of Augusta Housing and Community Development to rehabilitate a duplex located at 2526-2528 Lyman Street, WHEREAS, Lovett Construction, has been has approved a total of $376,320.00 in grant funds to perform HOPWA/HOME/HOPWA eligible activities as described in Article I, to provide a low- income rental housing development partnership of rehabilitating duplex in the Dover/Lyman Community, WHEREAS, Lovett Construction will serve as a developer/contractor that will provide services as indicated in the scope of services, NOW, THEREFORE, the parties of this contract for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: Lovett Construction agrees to utilize approved HOPWA/HOME/HOPWA funds to support project related costs associated with the rehabilitation of the duplex. This project is an affordable housing effort which involves the rehabilitation of a duplex unit to be used as rental property to house low to moderate income individuals HOPWA eligible tenants. Under this contract, Lovett Construction shall: Perform demolition and clearing of sites, Perform rehabilitation services for the duplex (2) rental units, Perform all required and requested marketing and advertising activities; in accordance with “HOPWA/HOME” program “Fair Housing” regulations, Upon the completion of construction, the units will revert to permanent ownership of the Augusta Georgia Land Bank Authority. B. Use of Funds: HOPWA/HOPWA/HOME funds shall be used by Lovett Construction for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this contract. The use of funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of HOPWA/HOME Program funds under this contract: 1. Rehabilitation An amount not to exceed $ 376,320.00 in grant funding shall be expended by Lovett Construction from Year 2020 HOPWA/HOPWA/HOME funds for rehabilitation costs related to the development of 2 affordable housing units. The design and specifications has been approved and agreed upon by AHCD prior to rehabilitation (Exhibit A). Funds will be used to assist with the cost of the following items: permits, concrete & masonry, framing, , finish carpentry, exterior wall framing, rough plumbing, rough HVAC, rough electric and all other 3 hard construction related fees. These units will be constructed by Lovett Construction and rented to eligible low and very-low-income persons. The address for this project (a) 2526-2528 Lyman Street, Augusta, Georgia 30904 Lovett Construction may request a change in address through a written request. C. Program Location and Specific Goals to be Achieved Lovett Construction shall conduct project development activities and related services in its project area that incorporates the following boundaries: King and Sibley Mill Complex (Tax map parcel #036-1-003-00-0, tract B-1) and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOPWA/ HOPWA/HOME funds Lovett Construction will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, Lovett Construction 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 Lovett Construction will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOPWA/HOME/HOPWA and other project funding as represented in Article II. D.2 of this Contract. Lovett Construction will carry out and oversee the implementation of projects to be funded with HOPWA/HOPWA/HOME funds. Lovett Construction agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition and upon approval by Augusta, Lovett Construction, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make HOPWA/HOME Project funds available in the following manner: 1. Augusta agrees to pay Lovett Construction, a maximum of $ 376,320.00 under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Lovett Construction compliance with all terms and conditions of this contract and the procedures for documenting expenses and activities as set forth in ARTICLE V. 2. The method of payment shall be on a reimbursement basis. For invoicing, Lovett Construction will include documentation showing proof of payment in the form of a cancelled check or check register and completed reimbursement form that includes amount requested, amount remaining and specific line items name that relate to contract budget. A copy of the reimbursement form (as well as other prudent forms) shall be provided after contract execution by all parties. 4 3. AHCD will monitor the progress of the project and Lovett Construction performance weekly with regards to the production of housing units and the overall effectiveness of the project. 4. Lovett Construction will be required to participate in bi-weekly construction meetings. 5. This project will consist of HOPWA and HOPWA/HOME funds. Rehabilitation activities will be utilize $ 274,178.00 in 2020 HOPWA funds and $ 102,142.00 in 2020 HOPWA/HOME funds. 6. Upon the termination of this contract, 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. 7. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta. 8. The use of funds described in this contract is subject to the written approval of the U. S. Department of Housing and Urban Development. 9. This contract is based upon the availability of HOPWA/HOPWA/HOME Program Funds. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will fund no more than $ 376,320.00 of the total development costs of a single project and seeks to provide Lovett Construction with the necessary HOPWA/HOPWA/HOME Funding. The project has been underwritten in accordance with underwriting standards and criteria of Augusta and that the amount of subsidy provided is appropriate. C. Timetable for Completion of Project Activities 1. Lovett Construction shall obligate the designated HOPWA/HOME within twelve (12) months of the date of execution of this Contract. Based on the budget outlined in D.2 below, Lovett Construction will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project in the form provided in Exhibit C. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. D. Project Budget: Limitations 1. Lovett Construction shall be paid a total consideration of $366,320.00 for full performance of the services specified under this contract. Any cost above this amount shall be the sole responsibility of Lovett Construction. 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 Lovett Construction. 2. Lovett Construction shall adhere to the following budget in the performance of this contract. 5 A. Project Activity Cost $ 376,320.00 Rehabilitation 366,320.00 Contingency (Used at discretion of HCD) 10,000.00 TOTAL HOPWA/HOME PROJECT COST: $ 376,320.00 Funding Breakout: 2020 HOPWA Funding: $ 274,178.00 2020 HOME Funding: $ 102,142.00 ARTICLE III - QUALIFICATION AS AFFORDABLE HOUSING - RENTAL [24 CFR 92.252] The HOPWA/HOME-assisted units in a rental housing project must be occupied only by households that are eligible as low-income families and must meet the following requirements to qualify as affordable housing. The affordability requirements also apply to the HOPWA/HOME-assisted non- owner-occupied units in single family housing purchased with HOPWA/HOME funds in accordance with 92.254. a. Rent limitation. HUD provides the following maximum HOPWA/HOME rent limits. The maximum HOPWA/HOME rents are the lessor of: 1. The fair market rent of existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or 2. A rent that does not exceed 30 percent of the adjust income of a family whose annual income equals 65 percent of the median income for the are, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOPWA/HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions. b. Additional Rent limitation In rental projects with five or more HOPWA/HOME-assisted rental units, twenty (20) percent of the HOPWA/HOME-assisted units must be occupied by very low income families. ARTICLE IV. TERM OF CONTRACT The term of this contract shall commence on the date when this contract is executed by Augusta and Lovett Construction (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE V. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Lovett Construction, or any subcontractor hereunder. All payments to Lovett Construction by Augusta will be made on a reimbursement basis. 6 B. Lovett Construction shall maintain a separate account and accounting process for HOPWA/HOME funding sources. C. Lovett Construction shall not use these funds for any purpose other than the purpose set forth in this Contract. D. Subject to Lovett Construction's compliance with the provisions of this Contract, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. F. Requests by Lovett Construction for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: "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 Augusta later than sixty (60) calendar days after expiration date of this Contract. G. Lovett Construction shall maintain an adequate financial system and internal fiscal controls. H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the Lovett Construction. ARTICLE VIII ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest Lovett Construction agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Lovett Construction. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the HOPWA/HOME activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Contract. Lovett Construction in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Contract. 7 B. Augusta may, from time to time, request changes to the scope of this contract and obligations to be performed hereunder by Lovett Construction. In such instances, Lovett Construction shall consult with HCD/Augusta on any changes that will result in substantive changes to this Contract. All such changes shall be made via written amendments to this Contract and shall be approved by the governing bodies of both Augusta and Lovett Construction. C. Statutes, regulations, guidelines, and forms referenced throughout this Contract are listed in Appendix A and are attached and included as part in parcel to this Contract. ARTICLE IX. OTHER REQUIREMENTS A. Fair Housing Lovett Construction agrees that it will conduct and administer HOPWA/HOME activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act", and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Lovett Construction publications and/or advertisements. (24 CFR 570.601). B. Ownership Interest Lovett Construction agrees that the ownership in the housing assisted must meet the definition of “HOPWA/HOME ownership” in §92.2. C. Non-Discrimination Lovett Construction 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. Labor Standards 1. General: Lovett Construction agrees that in instances in which there is construction work over $2,000 financed in whole or in part with HOPWA/HOME funds under this Contract, Lovett Construction will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603) 2. Labor Matters: No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) 8 E. Environmental Standards Lovett Construction agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department pursuant to (24 CFR 570.604). E. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), Lovett Construction agrees that HOPWA/HOME funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. Displacement and Relocation Lovett Construction agrees to take all reasonable steps to minimize displacement of persons as a result of HOPWA/HOME assisted activities. Any such activities assisted with HOPWA/HOME funds will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. Non-Discrimination in Employment Lovett Construction 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. Lovett Construction will in all solicitations or advertisements for employees placed by or on behalf of Lovett Construction; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. Employment and Business Opportunities Lovett Construction agrees that low- and moderate-income persons residing within Augusta- Richmond County; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in or owned in substantial part by persons residing in Augusta-Richmond County - (24 CFR 570.697). J. Lead-Based Paint In accordance with Section 92.355 of the HOPWA/HOME Regulations and Section 570.608 of the CDBG Regulations, Lovett Construction 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 9 notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. Debarred, Suspended or Ineligible Contractor Lovett Construction agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by HCD. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, Lovett Construction agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Publicity Any publicity generated by Lovett Construction for the project funded pursuant to this Contract, during the term of this Contract or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words "Augusta-Richmond County Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timely Expenditure of Funds In accordance with 24 CFR 85.43, if Lovett Construction fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Contract and invoke the suspension and termination provisions of ARTICLE X. For purposes of this Contract, timely expenditure of funds means Lovett Construction shall obligate and expend its funds as designated under ARTICLE II. (B). O. Compliance with Laws and Permits Lovett Construction shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. Lovett Construction agrees to obtain all necessary permits for intended improvements or activities. P. Assignment of Contract Lovett Construction shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. Q. Equal Employment Opportunity Lovett Construction agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing 10 regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations. R. Affirmative Action Lovett Construction will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Lovett Construction will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or social status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Lovett Construction 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. Lovett Construction agrees to make efforts to encourage the use of minority and women-owned business enterprises in connection with HOPWA/HOME supported activities. S. Religious Influence Lovett Construction will not discriminate against any employee or applicant for employment based on religion and will not give preference of persons based on religion. Lovett Construction will not discriminate against any person applying for shelter on the basis of religion. Lovett Construction will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect Costs Indirect costs will only be paid if Lovett Construction has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. Travel If applicable, Lovett Construction 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). V. Construction Requirements - SEE APPENDIX C All housing units [rehabilitated, reconstructed or newly constructed] and assisted with HOPWA/HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.251 [the HOPWA/HOME Program Regulations]. The Property Standards at 24 CFR 92.251 require that the HOPWA/HOMEs receiving HOPWA/HOME Program funds must meet all local codes for new construction. In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Contract is “new construction” by HOPWA/HOME Program definition and 11 therefore must meet the local building codes for new housing in Augusta-Richmond County, as applicable. ARTICLE X. SUSPENSION AND TERMINATION A. In the event Lovett Construction materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE I, Scope of Services, Augusta may withhold cash payments until Lovett Construction, Inc. cures any breach of the contract. If Lovett Construction fails to cure the breach, Augusta may suspend or terminate the current award of HOPWA/HOME funds for Lovett Construction project. B. Notwithstanding the above, Lovett Construction shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this contract. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Lovett Construction for the purposes of set off until such time as the exact amount of damages is determined. C. In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act, the City of Augusta can terminate this contract if Lovett Construction breach this contract or violate any regulatory rules. The City of Augusta can terminate the contrite in 30 days and call the note due. D. Notwithstanding any termination or suspension of this Contract, Lovett Construction shall not be relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOPWA/HOME funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 530 Green Street, Suite 801 Augusta, Georgia 30911 With copies to: Augusta Housing and Community Development Department 510 Fenwick Street Augusta, Georgia 30901 12 Lovett Construction will receive all notices at the address indicated below: With Copies TO: J.Lovett Homes & Construction, LLC Attn: Mr. Jozell Lovett 3062 Damascus Road Augusta, GA 30909 ARTICLE XII. INDEMNIFICATION Lovett Construction will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Contract. By execution of this agreement, Lovett Construction specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Contract, or should the terms of this Contract in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Contract. ARTICLE XIII. INSURANCE AND BONDING Lovett Construction 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, WC Lovett Construction, L.P., as developer, 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 WC Lovett Construction, L.P. handling or charged with the responsibility for handling funds and property pursuant to this contract. Lovett Construction shall procure and provide, for approval by the Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the Augusta, the Mayor, Commissioners, and Augusta's officers, agents, members, employees, and successors. Additionally, Lovett Construction shall procure officers and directors liability insurance under policies to be approved by the 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 for other named insured. No insurance policy providing insurance coverage required to be provided by Lovett Construction hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the Augusta. 13 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 Lovett Construction beyond the term of this Contract. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Contract shall forthwith be amended to make such insertion. 14 ARTICLE XVI. COUNTERPARTS This Contract is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Contract 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: ____________________________________________ __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Takiyah Douse As its Interim Administrator By: ______________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: J. Lovett Homes & Construction, LLC____ (Grantee) BY:_________________________ _______ Its: __________________________ Date: ________ _____________ _______ Plain Witness Date 15 APPENDIX A Statutes: 24 CFR Part 92, HOME Investment Partnerships Program (HOME) 24 CFR Part 574, Housing Opportunities for Persons with Aids (HOPWA) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Forms: Reimbursement Form Contract and Subcontract Activity Report Monthly Report Quarterly Report Annual Report 16 APPENDIX B REPORTING REQUIREMENTS Lovett Construction shall submit to the Grantee the following reports for the term of this agreement. 1. Bi-weekly Construction Meetings via phone. 2. 2. Annual Progress Report (January 16th) 3. Audit/Financial Report by April 30th of the following year 4. Contract & Subcontract Activity Report Due on April 5th, October 5th, ,each year of construction 5. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; 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. 17 APPENDIX C CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Eligible Contractors: Any contractor desiring to bid on HOPWA/HOME or CDBG projects may apply for inclusion on the AHCD Approved Contractor List. Applications will be processed and either approved or disapproved within 10 working days. Under no circumstances will barred, disapproved, or otherwise ineligible contractors be allowed to bid on federally funded projects. 3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to 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 use. 4. 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. A copy is enclosed for inclusion. 18 5. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector prior to release of the funds for that project. 19 EXHIBIT “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the Housing and Community Development Department agrees to provide up to $376,320.00 in Year 2020 HOPWA/HOME Investment Partnerships Funds to Lovett Construction. These funds will support rehabilitation with the production of approximately 2 affordable rental units in connection with the continuation of Lovett Construction. 2. HCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Lovett Construction in accordance with the attached drawdown schedule and budget. 3. With HCD approval, Lovett Construction may use HOPWA/HOME funds under this contract for all the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion Delays, Remedies, and Penalties A. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may 1. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. 2. Assess liquidated damages of fifty dollars ($50.00) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. B. The Contractor shall not be charged with liquidated damages for any delays in the completion of the work due: 1. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason or war, National Defense, or other National, State or City/County emergency. 2. To any acts of the Owner that hinder the progress of the work. 3. To causes not reasonable foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; as of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; epidemics; quarantine restrictions; strikes; freight embargoes; and weather of unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and 20 4. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD in writing of the cause of the delay. If the fact show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be identified on a project- by-project basis in EXHIBIT B. In no case will this amount exceed the maximum per unit amount as defined at 24 CFR 92.250. b. Lovett Construction 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. Lovett Construction must make sure contractor obtains and posts all permits on job site. Prior to releasing final payment on each house, Lovett Construction must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspection. d. Lovett Construction must collect progress and final lien releases from the contractor, subcontractors and material suppliers prior to making a payment to a contractor. e. HCD may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may elect to make up to five (5) payments per house. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if project is not on schedule. 21 EXHIBIT B: ESTIMATED PER UNIT AND/OR TOTAL DEVELOPMENT COSTS PROJECT ADDRESS: _____________________________ NEIGHBORHOOD ____________ TYPE DEVELOPMENT: ______ New Construction _____ Rehabilitation LOT SIZE: _____________________ NO. OF BEDROOMS: [ ]4 [ ]3 [ ]2 [ ]1 NO. OF BATHROOMS: [ ]4 [ ]3 [ ]2 [ ]1 S.F. HEATED SPACE: _____________________ LAND, CONSTRUCTION & SOFT COST: ESTIMATES Per S.F. Cost Land and Construction Costs Property Acquisition Site Preparation General Construction – Contract Amount Contingency Sewer Tap Water Meter Landscaping Fencing Grading Aluminum Mini-Blinds Alarm System Termite Treatment Other - Specify Total Estimated Land & Construction Costs Per S.F. Cost Soft Costs Appraisal Title Search Survey Plans, Specs, A&E Real Estate Commission Advance on Non-Profit Developer Fee Temporary Utilities Yard Maintenance during Sale Period Property Taxes Builders Risk Insurance Construction Interest on Bank Loans Closing Cost Other- Specify Total Estimated Soft Costs Per S.F. Cost DEVELOPMENT COST SUMMARY PROPOSED DEVELOPMENT COSTS ______________ ___________ SF PROPOSED SALE PRICE ______________ ___________ SF NON-PROFIT FUNDS ______________ ___________ SF HOPWA/HOME FUNDS REQUESTED ______________ ___________ SF 22 PROJECTED HOPWA/HOME SUBSIDY ______________ ___________ SF EXHIBIT “C” PROJECT SCHEDULE OF COMPLETION LOVETT CONSTRUCTION MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT C - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS CONTRACT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. A SAMPLE SCHEDULE IS PROVIDED BELOW. Commission Meeting Agenda 9/20/2022 2:00 PM HCD_ J. Lovett Homes & Construction, LLC Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Street to be used as affordable rental properties. (Approved by Administrative Services Committee September 13, 2022) Background:Augusta Housing and Community Development and J. Lovett Homes& Construction, LLC is working together to revitalize a duplex on Lyman Street which is located off Deans Bridge Road. J. Lovett Construction has been chosen through a bidding process to rehabilitate a duplex that has been blighted for years. J. Lovett Construction will rehabilitate the duplex to be used as a rental unit for low to moderate income tenants. HCD is requesting that J. Lovett Construction assist in furthering affordable housing through continual partnership of providingHOPWA/ HOME funds for the rehabilitation of the duplex. J. Lovett Construction is requesting: 2526-2528 Lyman Street, Augusta, GA 30906: Total Request: $ 376,319.44 The funding request is to assist with the cost associated with the rehabilitation of a duplex (2 units). Analysis:Approval of the contract will allow two (2) rental units to be rehabilitated for low to moderate income renters. Financial Impact:HCD will utilize Home Investment Partnership (HOME)/Housing Opportunities for Persons with Aids (HOPWA) funding received through its annual allocation from Housing and Urban Development in the amount of $ 376,319.44 to assist in rehabilitation of two (2) rental units. Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Street to be used as affordable rental properties. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds. HOME Funds: 22107 3212 HOPWA Funds: 22107 3213 REVIEWED AND APPROVED BY: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 1 of 7 Pages THIS CONTRACT, by and between__Homeowner_____, hereinafter called “Owner” and ___Legacy 4 Construction____, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _______ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 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 2028 Steiner Ave. Augusta, GA 30901, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. 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 _$27,423.00. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be Sonya Johnson. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 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 Legacy 4 Construction Name of Contractor ______Henry Bryant________ Contractor’s Representative – Title Signature of Contractor OWNER ____Homeowner_________ Name of Homeowner Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Takiyah A. Douse As its interim Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between__Homeowner_____, hereinafter called “Owner” and ___Curry’s Home Improvement____, 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 _6/13/22_ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property located at 2121 Richards St._, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. 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: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be ______________________. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Curry Home Improvement Name of Contractor ______Mack Curry________ Contractor’s Representative – Title Signature of Contractor OWNER ____Homeowner______________________ Name of Homeowner ______ Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Takiyah A. Douse As its interim Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 9/20/2022 2:00 PM HCD_ Rehabilitation Program Approval Request Department:HCD Department:HCD Caption:Motion to approve two (2) Rehabilitation projects.(Approved by Administrative Services Committee September 13, 2022) Background:The Homeowner-Occupied Rehabilitation Program provides a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for lower-income individuals. · Homeowner Occupied Rehabilitation – Rehab to include rehabbing of the roof, gutters, floors, ceilings, HVAC, etc… The Homeowner- Occupied Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner- occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide two (2) homeowners with funding for the following address: 1. Contractor: Curry’s Home Improvement Project Address: 2121 Richards Rd. Amount: $27,950.00 2. Contractor: Legacy 4 Construction Project Address: 2028 Steiner Ave Amount: $27,423.00 Analysis:The approval of this request will allow two (2) homeowners to obtain compliant, decent, and safe housing. Financial Impact:The city receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested - $ 55,373.00. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve two (2) Rehabilitation projects. U.S. Department of Housing and Urban Development (HUD) Funds: a) CDBG -221073210-5225110 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: EI G H T H S T . FOUNTAIN REYNOLDS ST. COTTON LANE CONC. SIDEWALK ASPHALT CONC. SIDEWALK ASPHALT GRAVELPARKING LOT GRAVELPARKING LOT GRAVELPARKING LOT COURTYARD LANDSCAPE BRICK WALL BRICK WALL CONCRETE RIVERWALK RETAINING WALL BRICK PAVERS BRICKPAVERS BRICKPAVERS LA N D S C A P E BE D LA N D S C A P E BE D S S S S BOLLARD, TYP. GRASS CA N O P Y LANDSCAPE LA N D S C A P E B E D AS P H A L T 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LP2-1 LP2-2 LP2-3 LP2-4 LP2-5 LP2-6 LP2-7 LP2-8 LP2-9 LP2-10 LP2-11 LP2-12 LP2-13 LP2-14 LP2-15 LP2-16 LP2-17 LP2-18 LP2-19 LP2-20 LP2-21 LP2-22 LP2-23 LP2-24 LP2-25 LP2-26 ELECTRICAL YARD ELECTRICAL ROOM LOCATION SEE DETAIL 33 2 4 4 LP2-27 LP2-29 LP2-28 LP2-31 LP2-30 4 4 4 WP WP WP WP WP WP WP WP WPWPWPWPWP WP LP1 LP2 1 1 2 1 NEW LIGHTING CONTACTOR PANEL K: \ 3 0 4 2 2 1 0 2 \ E l e c \ E S 1 0 1 . d w g P l o t t e d : 8/ 3 0 / 2 0 2 1 1 : 4 4 P M B y : Cla y B l a n t o n Since 1980 PROJECT NO. DRAWN BY : CHECKED BY : SHEET TITLE : REV. CL I E N T : PR O J E C T N A M E : PR O J E C T L O C A T I O N : SCALE: DATE: DRAWING NO. JOHNSON, LASCHOBER & ASSOCIATES, P.C. Architects ·Engineers ·Landscape Architects ·CHARLESTON, SCAUGUSTA, GA TEL (706) 724-5756 TEL (843) 619-4656 FAX (706) 724-3955 WWW.THEJLAGROUP.COM · AU G U S T A - R I C H M O N D C O U N T Y C E N T R A L S E R V I C E S D E P A R T M E N T 27 6 0 P E A C H O R C H A R D R D , B U I L D I N G B A U G U S T A , G A 3 0 9 0 6 8T H S T R E E T , A U G U S T A G A 3042.2102 07/16/2021 AU G U S T A S A T U R D A Y M A R K E T EL E C T R I C A L I M P R O V E M E N T S RE V DA T E DE S C R I P T I O N BY This d o c u m e n t i s t h e p r o p e r t y o f Joh n s o n , Las c h o b e r & Ass o c i a t e s , P.C. The u n a u t h o r i z e d r e p r o d u c t i o n , c o p y i n g o r o t h e r w i s e u s e o f t h i s d o c u m e n t i s s t r i c t l y p r o h i b i t e d a n d a n y i n f r i n g e m e n t t h e r e u p o n m a y b e s u b j e c t t o l e g a l a c t i o n . 1 A B C 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 D E F BO R D E R : J L A 24 x36 - X R E F .D W G RE V . 10 / 2 7 / 2 0 2 0 C R E CEB HJW AS NOTED ES101 B POWER PLAN A HJ W IS S U E D F O R O W N E R R E V I E W 08 / 0 2 / 2 1 SCALE: 1/32" = 1'-0" SITE PLAN1 ES101 N SCALE: 1/32" = 1'-0" 96 FT.643216840 SITE PLAN KEYED NOTES: COORDINATE EXACT LOCATION OF PANELS WITH OWNER. PROVIDE LIGHTING CONTACTOR PANEL TO CONTROL TWO 20A CIRCUITS FOR POLE MOUNTED LUMINAIRES AS INDICATED ON DRAWINGS. CONTACTOR MUST BE CAPABLE OF BEING CONTROLLED BY EXTERNAL PHOTOCELL MOUNTED ON LEVY. PANEL MUST INCLUDE MANUAL ON SWITCH AND ON/OFF INDICATING LAMPS. CIRCUIT TO NEW LIGHTING CONTACTOR PANEL USE 1 SET OF 2#8 AWG 1#8AWG GND. REUSE CONDUIT WHERE POSSIBLE. REWIRE CIRCUITS TO PANEL LP2. 1 2 3 SITE PLAN CONSTUCTION NOTES: 1.ALL LOCATIONS ON DRAWINGS ARE APPROXIMATE. COORDINATE EXACT LOCATIONS WITH OWNER. 2.COORDINATE EXACT LOCATIONS OF BOLLARDS AND RECEPTACLES WITH OWNER. 3.COORDINATE ROUTING OF CONDUIT WITH OWNER. 4.VERIFY THAT ALL PANELS IN ELECTRICAL YARD AND ELECTRICAL ROOM ARE GROUNDED PROPERLY. 5.ALL HISTORICAL BRICKS MUST BE SAVED. 6.CONTRACTOR IS TO RESTORE ANY DISTURBED LANDSCAPING AND BRICKWORK TO ITS ORIGINAL CONDITION AFTER CONSTRUCTION. 7.REPLACE ALL EXISTING OUTLETS AND WEATHERPROOF COVERS IN KIND. SCALE: NOT TO SCALE ELECTRICAL ROOM2 ES101 SITE PLAN DEMOLITION NOTES: 1.CONTRACTOR IS RESPONSIBLE FOR ALL DEMOLITION. HISTORICAL BRICKS ARE NOT TO BE DAMAGED. COORDINATE DEMOLITION WITH OWNER. 2.DEMOLISH ALL EXISTING OUTLETS AT THE BASES OF THE TREES WITHOUT DAMAGING THE TREE ROOTS. CAP EMPTY CONDUIT NOT TO BE REUSED AND ABANDON IN PLACE. 3.DEMOLISH ALL UNUSED ELECTRICAL BOXES AND PANELS. 2 ES101 PANEL ENSURE THAT CONNECTIONS ARE MADE WITHIN 5'-0" OF ENTRANCE METAL UNDERGROUND WATER PIPE. WITH MINIMUM OF 10'-0" CONTACT WITH EARTH EXOTHERMIC WELD CONNECTION. LOCATE WHERE ACCESSIBLE. STEEL COLUMN CONCRETE ENCASED ELECTRODE 1' - 6 " M I N . PANEL GROUNDING BAR GROUND ROD 3/4" COPPER WELD GROUND ROD. SEE ELECTRICAL GENERAL NOTES. ELECTRODE GROUNDING DETAIL3 ES101 SCALE: NOT TO SCALE #6 G CU #6 G CU. #6 G CU. #6 G CUALL BUILDING GROUNDING CONDUCTORS SHALL BE COPPER #6 G CU. SCALE: NONE POWER RISER DIAGRAM4 ES101 GND #6 UTILITY METER, CT PANEL LP1 150A MCB 120/208V 3-PH, 4-WIRE EXISTING COORDINATE SERVICE AND METERING INSTALLATION REQUIREMENTS WITH UTILITY COMPANY AND OWNER PRIOR TO BID AND INSTALLATION. * * NOTE * * SERVICE ENTRANCE RATED DISCONNECT 150A 120/208V 3-PH NEMA 3R 1 SET OF: 3 #1/0 #1/0 NEUT #6 GND 2" C PANEL LP2 100A MCB 120/208V 3-PH, 4-WIRE LIGHTING CONTACTOR PANEL EXISTING EXISTING 1 SET OF: 3 #1 #1 NEUT #6 GND 1 1/2" C SEE PANEL SCHEDULE ELECTRICAL ROOM VERIFY EXISTING PANEL IS PROPERLY GROUNDED 4 B HJ W IS S U E D F O R O W N E R R E V I E W 08 / 2 7 / 2 1 K: \ 3 0 4 2 2 1 0 2 \ E l e c \ E - 0 0 1 . d w g P l o t t e d : 8/ 3 0 / 2 0 2 1 1 : 4 4 P M B y : Cl a y B l a n t o n Since 1980 PROJECT NO. DRAWN BY : CHECKED BY : SHEET TITLE : REV. CL I E N T : PR O J E C T N A M E : PR O J E C T L O C A T I O N : SCALE: DATE: DRAWING NO. JOHNSON, LASCHOBER & ASSOCIATES, P.C. Architects ·Engineers ·Landscape Architects ·CHARLESTON, SCAUGUSTA, GA TEL (706) 724-5756 TEL (843) 619-4656 FAX (706) 724-3955 WWW.THEJLAGROUP.COM · AU G U S T A - R I C H M O N D C O U N T Y C E N T R A L S E R V I C E S D E P A R T M E N T 27 6 0 P E A C H O R C H A R D R D , B U I L D I N G B A U G U S T A , G A 3 0 9 0 6 8T H S T R E E T , A U G U S T A G A 3042.2102 07/16/2021 AU G U S T A S A T U R D A Y M A R K E T EL E C T R I C A L I M P R O V E M E N T S RE V DA T E DE S C R I P T I O N BY This d o c u m e n t i s t h e p r o p e r t y o f Joh n s o n , Las c h o b e r & Ass o c i a t e s , P.C. The u n a u t h o r i z e d r e p r o d u c t i o n , c o p y i n g o r o t h e r w i s e u s e o f t h i s d o c u m e n t i s s t r i c t l y p r o h i b i t e d a n d a n y i n f r i n g e m e n t t h e r e u p o n m a y b e s u b j e c t t o l e g a l a c t i o n . 1 A B C 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 D E F BO R D E R : J L A 24 x36 - X R E F .D W G RE V . 10 / 2 7 / 2 0 2 0 C R E CEB HJW AS NOTED E-001 B GENERAL NOTES AND LEGEND GENERAL THESE GENERAL NOTES PRESENT AND/OR SUMMARIZE KEY PRODUCT INFORMATION FOR THE PLAN READER'S CONVENIENCE. SEE PLANS AND SPECIFICATIONS FOR FURTHER REQUIREMENTS. WORK COVERED BY THIS DOCUMENT SHALL INCLUDE ALL LABOR, MATERIAL, PRODUCTS, AND SERVICES FOR, AND INCIDENTAL TO, INSTALLATION OF COMPLETE AND OPERATING ELECTRICAL SYSTEMS DRAWN OR SPECIFIED. ALL WORK SHALL CONFORM TO ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELECTRICAL CODE (NFPA 70-2020). ALL MATERIALS SHALL BE NEW AND UL LISTED/LABELED AS APPROPRIATE. FINAL LOCATIONS FOR ROUGH-INS SHALL BE VERIFIED WITH ACTUAL EQUIPMENT BEING CONNECTED. SUPPORT AND ATTACH ELECTRICAL EQUIPMENT IN ACCORDANCE WITH SEISMIC CONDITIONS AS DETERMINED BY THE STRUCTURAL ENGINEER/BUILDING DESIGNER AND THE INTERNATIONAL BUILDING CODE. AFTER COMPLETING INSTALLATION, REMOVE BURRS, DIRT, AND CONSTRUCTION DEBRIS FROM ALL ELECTRICAL WORK. COORDINATE OUTLET LOCATIONS WITH ARCHITECTURAL PLANS, ELEVATIONS AND DETAILS. COORDINATE HVAC AND PLUMBING EQUIPMENT LOCATIONS WITH MECHANICAL PLANS, ELEVATIONS AND DETAILS. COORDINATE SITE LIGHTING AND SITE UTILITIES WITH LANDSCAPING/CIVIL PLANS AND DETAILS. CONTRACTOR TO COORDINATE SERVICE AND METERING INSTALLATION REQUIREMENTS, AIC RATING, AND PANEL SCCR WITH UTILITY COMPANY PRIOR TO BID AND INSTALLATION. COORDINATE SIGNAL SERVICE REQUIREMENTS WITH SERVING UTILITY. ELECTRICAL INSTALLATION SHALL BE SEISMIC BRACED PER APPLICABLE SECTIONS OF THE STANDARD BUILDING CODE. CONSULT MANUFACTURERS' SHOP DRAWINGS FOR REQUIREMENTS AND EXACT LOCATION OF ELECTRICAL CONNECTIONS FOR EQUIPMENT FURNISHED BY OTHERS. BRANCH-CIRCUIT WIRING SHALL MEET ALL REQUIREMENTS OF THE EQUIPMENT MANUFACTURER. SIZE DISCONNECT SWITCHES AND OVERCURRENT PROTECTION IN ACCORDANCE WITH THE EQUIPMENT MANUFACTURERS' RECOMMENDATIONS AND THE N.E.C. SIZE FUSES IN ACCORDANCE WITH THE EQUIPMENT MANUFACTURERS' RECOMMENDATIONS AND THE N.E.C. INSTALL JUNCTION BOXES, CONDUIT BODIES, AND HANDHOLE ENCLOSURES SUCH THAT WIRING WITHIN IS ACCESSIBLE IN ACCORDANCE WITH NEC 314.29. MOUNTING HEIGHT DIMENSIONS FOR WIRING DEVICES ARE FROM THE FINISHED FLOOR UP TO THE CENTER OF THE OUTLET BOX. CENTER OUTLETS HORIZONTALLY IN ARCHITECTURAL FEATURES. DO NOT SCALE DRAWINGS. DEVICE LOCATIONS ARE APPROXIMATE UNLESS DIMENSIONED. ACTUAL DEVICE LOCATIONS SHALL BE FIELD COORDINATED WITH ALL OTHER TRADES AND APPLICABLE CODES. INSTALL PHOTO CELL(S) ABOVE ROOF. ORIENT TO NORTHERN EXPOSURE AND SHIELD FROM EXTRANEOUS LIGHT. PROVIDE FLASHING AND SEAL ROOF PENETRATION(S). INSTALL ADDITIONAL BRANCH-CIRCUIT CONDUCTORS TO PROVIDE UN-SWITCHED CONNECTION TO EACH EMERGENCY FIXTURE BATTERY. DO NOT USE COMMON NEUTRALS FOR MULTI-WIRE CIRCUITS. INSTALL A NEUTRAL FOR EACH PHASE. ALL CONDUCTORS SHALL BE NO SMALLER THAN #12. ALL RACEWAYS SHALL BE 3/4" DIA. MIN. UNLESS OTHERWISE NOTED. GENERAL CONTRACTOR TO PROVIDE ACCESS PANELS FOR ALL INACCESSIBLE, ABOVE-CEILING ELECTRICAL EQUIPMENT AND JUNCTION BOXES PER 2020 NEC SECTION 314.29. COORDINATE LOCATIONS WITH ARCHITECT PRIOR TO INSTALLATION. CONDUCTORS INSULATION SHALL COMPLY WITH NEMA WC 5. CONDUCTORS #8 AWG AND LARGER SHALL BE CONCENTRIC STRANDED. CONDUCTORS #10 AND SMALLER SHALL BE SOLID. TYPE AND INSULATION (SERVICE): COPPER, TYPE THWN TYPE AND INSULATION (FEEDER): COPPER, TYPE THHN/THWN TYPE AND INSULATION (BRANCH): COPPER, TYPE THHN/THWN COPPER, TYPE MC COLOR CODING (208/120 V, 3Ø): A-BLACK, B-RED, C-BLUE, N-WHITE, G-GREEN COLOR CODING (120/240 V, 1Ø): A-BLACK, B-RED, N-WHITE, G-GREEN RACEWAYS CONDUIT BODIES AND FITTINGS FOR RIGID METAL CONDUIT SHALL BE CAST THREADED TYPE. CONDUIT FITTINGS FOR ELECTRICAL METALLIC TUBING SHALL BE COMPRESSION TYPE. INSTALL 200 lb NYLON PULL CORD IN ALL EMPTY RACEWAYS FOR FUTURE USE. APPLY FIRESTOPPING TO ELECTRICAL PENETRATIONS OF FIRE-RATED FLOOR AND WALL ASSEMBLIES TO RESTORE ORIGINAL FIRE-RESISTANCE RATING OF ASSEMBLY. OUTDOORS EXPOSED: RIGID GALVANIZED STEEL CONFORMING TO ANSI C80.5 OUTDOORS UNDERGROUND: RIGID NONMETALLIC CONDUIT (SCHEDULE 40 PVC) CONFORMING TO NEMA TC 2 OUTDOORS CONNECTED TO VIBRATING OR MOTORIZED EQUIPMENT: LIQUIDTIGHT FLEXIBLE METAL CONDUIT CONFORMING TO UL 360 INDOORS CONCEALED: ELECTRICAL METALLIC TUBING CONFORMING TO ANSI C80.3 INDOORS EXPOSED: ELECTRICAL METALLIC TUBING CONFORMING TO ANSI C80.3 INDOORS CONNECTED TO VIBRATING OR MOTORIZED EQUIPMENT: FLEXIBLE METALLIC CONDUIT CONFORMING TO UL 1 OUTLET BOXES BOXES SHALL COMPLY WITH NEMA OS 1 AND SHALL BE SHEET METAL TYPE WITH PLASTER RING IN DRY LOCATIONS. BOXES SHALL COMPLY WITH NEMA FB 1 AND SHALL BE CAST METAL TYPE FD WITH GASKETED COVER IN DAMP OR WET LOCATIONS. PULL AND JUNCTION BOXES BOXES SHALL BE HOT-DIPPED GALVANIZED STEEL. BOX COVERS SHALL BE GASKETED TYPE WITH SCREWED OR BOLTED FASTENERS. WIRING DEVICES DEVICES SHALL COMPLY WITH NEMA WD 1 AND WD 6. DEVICES SHALL BE COMMERCIAL SPECIFICATION GRADE OR BETTER. ALL DEVICES SHALL BE OF THE GROUNDING TYPE. DEVICES SHALL BE MOUNTED FLUSH WITH THE LONG DIMENSION VERTICAL AND GROUNDING TERMINAL OF RECEPTACLES ON TOP. SWITCHES SHALL BE QUIET TYPE, RATED 20 AMPERES AT 120/277 VOLTS. GROUND FAULT CIRCUIT INTERRUPTERS SHALL BE FEED-THROUGH TYPE. WEATHERPROOF COVERS SHALL BE PROVIDED IN DAMP OR WET LOCATIONS. PROGRAM OCCUPANCY SENSORS FOR FIFTEEN MINUTES WITH MEDIUM SENSITIVITY. TRAIN OWNER TO ADJUST TIME AND SENSITIVITY. DEVICE COLOR: SELECTED BY ARCHITECT. DEVICE COVER: SMOOTH PLASTIC WITH COLOR TO MATCH DEVICE COLOR ELECTRICAL IDENTIFICATION IN ADDITION TO CODE-REQUIRED LABELING, ALL PANELBOARDS, ELECTRICAL ENCLOSURES, TRANSFORMERS, AND DISCONNECT SWITCHES SHALL BE IDENTIFIED WITH AN ENGRAVED PLASTIC LAMINATED NAMEPLATE. LETTERING SHALL BE 1/2" INCHES HIGH AND SHALL BE WHITE ON A BLACK BACKGROUND. NAMEPLATES SHALL BE ATTACHED TO EQUIPMENT WITH STAINLESS STEEL SELF-TAPPING SCREWS. CONTRACTOR TO COORDINATE WITH THE UTILITY COMPANY TO DETERMINE THE AVAILABLE FAULT CURRENT AT THE PANEL LOCATION SHOWN ON THE DRAWINGS. CONTRACTOR TO PROVIDE ELECTRICAL EQUIPMENT WITH AIC RATING OVER THE CALCULATED FAULT CURRENT. CALCULATED FAULT CURRENT SHALL BE LISTED ON EACH PIECE OF ELECTRICAL EQUIPMENT. CONTRACTOR TO PROVIDE AND AFFIX ARC FLASH WARNING LABELS ON ALL ELECTRICAL SWITCHBOARDS, PANELBOARDS, MOTOR CONTROL CENTERS, LOAD CENTERS, DISCONNECTS AND ENCLOSED CIRCUIT BREAKERS PER 2020 NEC ARTICLE 110.16. GROUNDING GROUNDING AND BONDING COMPONENTS SHALL COMPLY WITH UL 467. AN INSULATED EQUIPMENT-GROUNDING CONDUCTOR SHALL BE INSTALLED WITH CIRCUIT CONDUCTORS FOR ALL FEEDER AND BRANCH CIRCUITS. EXOTHERMIC-WELDED CONNECTIONS SHALL BE USED FOR ATTACHMENT TO STRUCTURAL STEEL AND UNDERGROUND CONNECTIONS. GROUNDING ELECTRODES SHALL BE 3/4" x 10' COPPERWELD TYPE. PANELBOARDS PANELBOARDS SHALL COMPLY WITH NEMA PB 1. SHOP DRAWINGS FOR EACH PANELBOARD SHALL BE SUBMITTED AND SHALL INCLUDE BUS CONFIGURATION AND CURRENT RATINGS, OVERCURRENT DEVICE ARRANGEMENT AND SETTINGS, AND PANELBOARD SHORT CIRCUIT RATING. PHASE AND NEUTRAL BUSSES SHALL BE COPPER. AN EQUIPMENT GROUND BUS SHALL BE PROVIDED AND SHALL BE BONDED TO THE PANEL BOX. PANELBOARDS WITH A MAIN SERVICE DISCONNECT SHALL BE LISTED FOR USE AS SERVICE EQUIPMENT. PANELBOARD TRIM SHALL BE BOLT-ON TYPE. CIRCUIT BREAKERS SHALL BE BOLT-ON TYPE. CIRCUIT BREAKERS SHALL BE LISTED FOR SWD, HID OR HACR USE AS APPROPRIATE. MULTI-POLE CIRCUIT BREAKERS SHALL HAVE A COMMON TRIP. TANDEM CIRCUIT BREAKERS SHALL NOT BE USED. FILLER PLATES SHALL BE INSTALLED IN UNUSED SPACES. A TYPED CIRCUIT DIRECTORY SHALL BE INSTALLED ON THE INSIDE OF THE PANELBOARD DOOR. FUSES FUSES SHALL BE NEMA FU 1 CARTRIDGE TYPE. VOLTAGE RATING SHALL BE CONSISTENT WITH CIRCUIT VOLTAGE. ARRANGE FUSES IN FUSIBLE DEVICES SO FUSE RATINGS ARE READABLE WITHOUT REMOVING FUSE. INSTALL TYPEWRITTEN LABELS ON INSIDE DOOR OF EACH FUSIBLE DEVICE TO INDICATE FUSE REPLACEMENT INFORMATION. MOTOR FEEDER AND BRANCH CIRCUITS: UL CLASS RK5, TIME DELAY OTHER FEEDER AND BRANCH CIRCUITS: UL CLASS RK1, NON-TIME DELAY DISCONNECT SWITCHES SWITCHES SHALL BE FUSED OR NONFUSED NEMA KS 1 TYPE HD. SWITCHES SHALL BE HANDLE LOCKABLE AND INTERLOCKED WITH COVER IN CLOSED POSITION. ENCLOSURES SHALL BE NEMA TYPE 1 IN INDOOR LOCATIONS AND NEMA TYPE 3R IN OUTDOOR LOCATIONS. HVAC EQUIPMENT DISCONNECTS ARE TO BE CONSIDERED ELECTRICAL EQUIPMENT AND SHALL BE INSTALLED TO MAINTAIN WORKING SPACE PER 2020 NEC ARTICLE 110.26. ELECTRICAL GENERAL NOTES: SPECIAL OUTLET - SEE SCHEDULE1 ELECTRICAL SYMBOLS EXISTING STREET LIGHT WP QUADRUPLEX CONVENIENCE OUTLET IN BOLLARD GROUND FAULT INTERRUPTER TYPE WITH WEATHERPROOF COVER A HJ W IS S U E D F O R O W N E R R E V I E W 08 / 0 2 / 2 1 WP DUPLEX CONVENIENCE OUTLET WEATHERPROOF GROUND FAULT INTERRUPTER TYPE NOTE 1. CONTRACTOR TO COORDINATE SERVICE AND METERING INSTALLATION REQUIREMENTS, AIC RATING, AND PANEL SCCR WITH UTILITY COMPANY PRIOR TO BID AND INSTALLATION. B HJ W IS S U E D F O R O W N E R R E V I E W 08 / 2 7 / 2 1 Invitation to Bid Sealed bids will be received at this office until Tuesday, March 22, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 872 7237 6929; Passcode: 343305 for furnishing: Bid Item #22-189 Augusta Saturday Market – Electrical Improvement – for Augusta, GA – Central Services Department – Facilities Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March 11, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after Bids have been opened, pending the execution of contract with the successful vendor. 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 17, 24, 2022, and March 3, 10, 2022 Metro Courier February 17, 2022 Revised: 2/19/2016 OFFICIAL VENDORS JHC CORPORATION 1029 PEACHTREE PKWY N #359 PEACHTREE CITY, GA 30269 HORIZON CONSTRUCTION & ASSOCIATES, INC. P.O. BOX 798 EVANS, GA 30809 Attachment "B"Yes Yes E-Verify Number 413897 229921 Addendum 1 Yes Yes Save Form Yes Yes Base Bid: $305,000.00 $353,793.96 Total Number Specifications Mailed Out: 27 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 288 Georgia Registry: 1877 Total packages submitted: 2 Total Noncompliant: 0 Bid Opening - Bid Item #22-189 Augusta Saturday Market – Electrical Improvement for Augusta, GA – Central Services Department – Facilities Maintenance Bid Date: Wednesday, March 30, 2022 @ 3:00 p.m. - Via ZOOM Page 1 of 3 Compatibility Report for Copy of 20-183 Unofficial Bid Tab.xls Run on 5/21/2020 17:07 If the workbook is saved in an earlier file format or opened in an earlier version of Microsoft Excel, the listed features will not be available. Minor loss of fidelity # of occurrences Some cells or styles in this workbook contain formatting that is not supported by the selected file format. These formats will be converted to the closest format available. 2 Version Excel 97-2003 Commission Meeting Agenda 9/20/2022 2:00 PM ITB 22-189 Augusta Saturday Market Bid Agenda Department:Central Services Department:Central Services Caption:Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department capital funding. (Approved by Administrative Services Committee September 13, 2022) Background:Electrical improvements are needed in the Augusta Saturday Market, located at the intersection of Eight and Reynolds Street in Augusta, GA. Work will be performed in accordance with all applicable rules, laws, and regulations, following the specification prepared by Johnson, Laschober & Associates, P.C. Analysis:The services were bid as ITB 22-189. Two vendors were compliant and sent to the Central Services Department for review. Central Services recommends award to JHC Corporation as they submitted the lowest bid. The bid amount falls within the proposed budget. Financial Impact:Capital Funds, as indicated below, totaling $305,000.00. 272-06- 1490/54.12110 $150,000.00 – Saturday Market 272-06-1495/54.12110 $155,000.00 – River Walk Alternatives:(1) Award bid. (2) Do not award bid. Recommendation:Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department capital funding. Funds are Available in the Following Accounts: $305,000.00 272-06-1490/54.12110 $150,000.00 – Saturday Market 272- 06-1495/54.12110 $155,000.00 – River Walk REVIEWED AND APPROVED BY: Request for Qualification Request for Qualifications will be received at this office until Tuesday, March 29, 2022 @ 11:00 a.m. via Zoom Meeting ID: 884 6140 6129; Passcode: 490400 for furnishing: RFQ Item #22-174 Design Services – Renovation of Houghton School for Juvenile Court and Broad of Elections for Augusta, GA – Central Services Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). A Pre-Qualifications Conference will be held on Monday, March 14, 2022 @ 10:00 a.m. via ZOOM. Meeting ID: 819 9269 2997; Passcode: 723391. 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, March 15, 2022 @ 5:00 P.M. No RFQ will be accepted by fax or email, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for qualification issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 17, 24, 2022 and March 3, 10, 2022 Metro Courier February 17, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 SAVE Form Original 7 Copies JOHNSON LASCHOBER & ASS 1296 BROAD STREET AUGUSTA, GA 30901 HUSSEY GAY BELL 329 COMMERICAL DRIVE SAVANNAH, GA 31406 Yes 398475 Yes Yes Yes Yes GMC 801 BROAD STREET, SUITE 900 AUGUSTA, GA 30901 Yes 829134 Yes Yes Yes Yes 2KM ARCHITECTS, INC. 529 GREENE STREET AUGUSTA, GA 30901 Yes 312290 Yes Yes Yes Yes CHRIS BOOKER & ASSOCIATES 670 BROAD STREET AUGUSTA, GA 30901 Yes 667907 Yes Yes Yes Yes STUDIO 3 DESIGN GROUP 1617 WALTON WAY AUGUSTA, GA 30904 Yes 194106 Yes Yes Yes Yes VIRGO GAMBILL ARCHITECTS 3810 OAK DRIVE AUGUSTA, GA 30909 Yes 184039 Yes Yes Yes Yes Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 371 Georgia Procurement Registry: 1857 Pre-Qualifications Conference: 19 Total packages submitted: 7 Total Noncompliant: 0 RFQ Opening - RFQ Item #22-174 Design Services – Renovation of Houghton School for Juvenile Court and Broad of Elections for Augusta, GA – Central Services Department Date: Tuesday, March 29, 2022 @ 11:00 a.m. No Bid Response Page 1 of 1 Meeting ID Topic Start Time End Time Minutes Participants 81992692997 Pre-Qualification Conference: 22-174 - Design Services – Renovation of Houghton School for Juvenile Court and Broad of Elections for Augusta, GA – Central Services Dept.3/14/2022 9:46 3/14/2022 10:22 37 19 Name (Original Name)User Email Total Duration (Minutes)Guest Shill@augustaga.gov shill@augustaga.gov 37 No Dinah Dempsey 37 Yes Nancy Williams 37 Yes Rachel Stahler 30 Yes Yolanda Jackson 5 Yes Ashkea White 27 Yes Kim Lewis 26 Yes Amy Christian 26 Yes Bill Palladino 25 Yes 17064969740 24 Yes Brad King 24 Yes Yolanda Jackson p.johnson@augustaga.gov 24 No RMA iPhone 23 Yes GERALDINE SAMS 21 Yes rarmstrong 21 Yes Tywanna Scott 18 Yes Joy - Virgo Gambill Architects (Joy - VGA)15 Yes Joe Gambill 13 Yes Darrell White 9 Yes HUSSEY GAY BELL 329 COMMERICAL DRIVE SAVANNAH, GA 31406 GMC 801 BROAD STREET, SUITE 900 AUGUSTA, GA 30901 2KM ARCHITECTS, INC. 529 GREENE STREET AUGUSTA, GA 30901 CHRIS BOOKER & ASSOCIATES 670 BROAD STREET AUGUSTA, GA 30901 STUDIO 3 DESIGN GROUP 1617 WALTON WAY AUGUSTA, GA 30904 VIRGO GAMBILL ARCHITECTS 3810 OAK DRIVE AUGUSTA, GA 30909 HUSSEY GAY BELL 329 COMMERICAL DRIVE SAVANNAH, GA 31406 GMC 801 BROAD STREET, SUITE 900 AUGUSTA, GA 30901 2KM ARCHITECTS, INC. 529 GREENE STREET AUGUSTA, GA 30901 CHRIS BOOKER & ASSOCIATES 670 BROAD STREET AUGUSTA, GA 30901 STUDIO 3 DESIGN GROUP 1617 WALTON WAY AUGUSTA, GA 30904 VIRGO GAMBILL ARCHITECTS 3810 OAK DRIVE AUGUSTA, GA 30909 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 4.3 4.4 3.4 4.1 4.0 3.5 85 87.5 67.5 82.5 80 70 3. Organization & Approach Include (0-5)15 4.8 4.4 3.9 3.6 3.5 3.5 71.25 65.625 58.125 54.375 52.5 52.5 4. Scope of Services Phase One will involve evaluation of existing amenities and operations previously mentioned, and taking into consideration input from staff, elected officials, and citizens, development of a specific program that best meets the determined needs for Commission approval. Phase Two includes preliminary design, design development, and preparation of construction documents based upon the approved program to be competitively bid. The consultant is also to provide construction administration services insure proper closeout. (0-5)20 4.3 4.0 4.0 3.5 3.8 3.6 85 80 80 70 75 72.5 5. Schedule of Work (0-5)10 4.5 3.8 3.3 3.5 4.3 3.8 45 37.5 32.5 35 42.5 37.5 6. References (0-5)5 4.3 4.3 3.8 3.5 3.5 3.3 21.25 21.25 18.75 17.5 17.5 16.25 7. Financial Stability (0-5)5 3.8 3.8 3.0 3.5 3.3 3.0 18.75 18.75 15 17.5 16.25 15 Within Richmond County 5 10 5 5 5 5 5 0 50 50 50 50 50 Within CSRA 5 6 0 0 0 0 0 0 Within Georgia 5 4 5 20 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 0 • All Others 5 1 0 0 0 0 0 0 30.75 29.5 26.3 26.8 27.3 25.6 346.3 360.6 321.9 326.9 333.8 313.8 9. Presentation by Team (0-5)10 5.0 3.5 4.6 50 35 0 0 46.25 0 10. Q&A Response to Panel Questions (0-5)5 5.0 3.9 4.6 25 19.375 0 0 23.125 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 10 7.375 0 0 9.25 0 75 54.375 0 0 69.375 0 40.75 36.875 26.25 26.75 36.5 25.625 421.3 415.0 321.9 326.9 403.1 313.8 Evaluation Sheet RFQ 22-174 Design Services - Renovation of Houghton School for Juvenile Court and Board of Elections RFQ Due: Tuesday, March 29, 2022 @ 11:00 a.m. RFQ Evaluation Date: Thursday, May 5, 2022 @ 9:00 a.m. Internal Use Only Evaluator: _Cumulative _____________________________ Date: _May 5, 2022____Phase II 5/31/22_________________ Procurement DepartmentRepresentative:______Nancy Williams______________________________________ Vendors Phase 1 Total Cumulative Score (Maximum point is 500) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Phase 1 Total - (Total Maximum Ranking 35 - Maximum Weighted Total Possible 425) Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) Phase 2 (Option - Numbers 9-10 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Weighted Scores 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement Department Completion Date: _______5/5/22__Phase II 5/31/22 Commission Meeting Agenda 9/20/2022 2:00 PM RFP 22-174 Award Design Contract for Converting Houghton School into Juvenile Court and Board of Elections Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. RFP 22- 174. (Approved by Administrative Services Committee September 13, 2022) Background:The AJCS has been scattered in a number of Augusta facilities since leaving their Broad Street location several years ago. The recently approved SPLOST 8 includes funding to construct convert the former Houghton Elementary School into facilities for AJCS. RCBE warehouse storage for voting machines has also been targeted for inclusion in this building. The Augusta Space Needs Assessment, completed in 2019, included evaluation of then existing AJCS operations. The RCBE was not included in this original study and will need to be evaluated to make sure near and long term needs for all operations are met. The initial phase of this contract includes development of the RCBE program and validation of the program for AJCS, taking into account changes in the requirements of the Juvenile Justice System and the changes in Augusta leadership since 2019. This program will then be used to develop preliminary designs for evaluation, discussion and estimating before moving forward with Phase II. Analysis:RFQ Item 22-174 was issued through the Procurement in accordance with Augusta requirements. Six compliant Statements of Qualification for this RFQ were received on March 29, 2022. The qualifications presented by each firm were carefully reviewed by the Evaluation Committee and ranked based upon qualifications presented by the firms. Three firms were placed on a short list to make presentations on their approach to the project and understanding of the requirements. The scores were then compiled, and Hussey Gay Bell was determined to possess the best qualifications for the design of this project. Financial Impact:The cost for Phase I, preliminary design services is $99,200. The cost for Phase II, Construction Documents and Administration is $735,000. Alternatives:1. Approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Courts and the Richmond County Board of Elections to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. 2. Do not approve the award. Recommendation:Approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. Funds are Available in the Following Accounts: Costs for this project are available in SPLOST 8. Funds availability: 2022 - $1,000,000 2023 - $5,000,000 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Richmond County Marshal's Office Airport K-9 Patrol/Transport Vehicle and Equipment Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve purchase of K-9 patrol / transport vehicle and equipment in the amount of $49,614.00. Approved by the Augusta Aviation Commission on July 28, 2022. (Approved by Administrative Services Committee September 13, 2022) Background:The Richmond County Marshal’s Office, in anticipation of the retirement (2 years or less) of its current explosive K-9 “Abby” and handler is approved to add an additional K-9 and handler so that there will be no gap in service when the anticipated retirements occur. Additionally, for some period of time before the anticipated retirements, there will be enhanced K-9 coverage at the Augusta Regional Airport with the temporary expansion of an additional K-9 team. Analysis:The purchase of an additional K-9 Patrol/Transport vehicle, listed below will be necessary for the implementation of the additional team. Vehicle: 2022 Ford Explorer with K-9 Package. The vehicle is available on state bid at a cost of $36,566.00 from Wade Ford. K-9 Slick Package to be installed by West Warning at a cost of $13,048.00. Total Cost: $49,614.00. Financial Impact:This project will be funded through GMA program. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: Purchase through GMA Program fund 631101110-5499631. Annual lease payment budgeted in 551081208-6111631 REVIEWED AND APPROVED BY: OFFICIAL VENDORS Altec Industries Inc 200 Altec Dr. Elizabethtown, KY 42701 ETI 341 NW 122nd St. Oklahoma City, OK 73114 Versalift Southeast 614 East Hanover Rd. Graham, NC 27253 Attachment B Yes Yes Yes E-Verify Number 1826145 1389794 1428107 SAVE Form Yes Yes Yes 10.01 Keys $122.00 $275.00 $300.00 10.02 Heavy Duty Floor Mats $421.00 $254.00 $168.00 10.03 Winch $4,042.00 $3,416.00 $5,000.00 10.04 Power Inverter $2,319.00 $2,642.00 $2,162.00 YEAR 2026 2024 2023 MAKE Ford ETI Versalift MODEL F550 ETC40IH SST-40-EIH BID PRICE $199,449.00 $169,476.00 $171,626.00 APPROXIMATE DELIVERY TIME June 2026 710 DAYS 420 Days Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 92 Georgia Registry: 137 Total Packages Submitted: 4 Total Non-Compliant: 0 Bid Opening Bid Item #22-214 2023 Truck, Bucket 45 Foot for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Tuesday, May 2, 2022 @11:00 a.m. 10.00 OPTIONAL ITEMS BIDDER OFFER Terex Utilities Inc. 3140 15th Ave SE Watertown, SD 57201 Yes 274840 Yes $260.00 $500.00 360 Days $181,899.00 $6,272.00 $3,890.00 2023 Terex LT40 Page 1 of 1 Bucket Truck Data Asset # Year Make Model/Type Vendor Bid # Amount 204232 2005 Ford/Altec F550/AT-35G (40Foot) Altec Industries 04-086 54,485.00$ 204258 2005 Ford/Altec F550/AT-35G (40Foot) Altec Industries 04-086 69,373.00$ 207211 2008 Ford/Altec F550/AT-37G (40Foot) Altec Industries 07-149A 87,088.00$ 209274 2010 Ford/Altec F550/AT-37G (40Foot) Altec Industries 09-165 92,161.00$ 212159 2013 Ford/Altec F550/AT-37G (40Foot) Altec Industries Federal GSA Bid 97,180.00$ 214077 2015 Ford/Altec F750/TA45-M (45Foot) Altec Industries 13-235 147,225.00$ 216078 2016 Ford/Altec F550/AT40-G (40Foot) Altec Industries 16-150 110,082.00$ 9/8/2022 Commission Meeting Agenda 9/20/2022 2:00 PM 2022 - Engineering Bucket Trucks - ITB 22-214 Department:Central Services Department:Central Services Caption:Motion to approve the purchase of two 2024 ETI ETC40IH, at a individual cost of $176,063.00 each for a total of $352,126.00 from Equipment Technology, LLC. (Bid 22-214) for the Engineering Department-Traffic Engineering Division and Street Lights Division. (Approved by Administrative Services Committee on August 30, 2022; deferred from the September 6, 2022 Commission Meeting). Background:The Engineering Department – Traffic Engineering Division and Street Lights Division is requesting to purchase two trucks as replacements for totaled asset # 212159 and asset # 204258 which will be retained until the new vehicle is received at which point will be auctioned. These vehicles are critical to service and maintain street lights and signage throughout the Augusta, GA. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Bucket 45 Foot. Invitations to bid were sent to 12 vendors and four responses were received. Equipment Technology, LLC. of Oklahoma City, OK offered the requested equipment within the designated budget and provided all the necessary specifications for the desired equipment. Bid 22-214: Truck, Bucket 45 Foot : 2024 ETI ETC40IH – Equipment Technology, LLC. (Oklahoma City, OK): $176,063.00 x 2 = $352,126.00 Financial Impact:$352,126.00 using Capital Outlay Fund account; 272-04-1610/54.21110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Motion to approve the purchase of two 2024 ETI ETC40IH Trucks, Bucket 45 foot at a total cost of $352,126.00 from Equipment Technology, LLC. of Oklahoma City, OK (Bid 22-214) for the Engineering Department-Traffic Engineering Division/Street Light Division. Funds are Available in the Following Accounts: $352,126.00 using Capital Outlay Fund account; 272-04-1610/54.21110 REVIEWED AND APPROVED BY: A RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS ADOPTING THE FORT GORDON REGIONAL GROWTH MANAGEMENT PLAN WHEREAS, The CSRA Regional Commission led the development of the Fort Gordon Regional Growth Management Plan. WHEREAS, The Fort Gordon Regional Growth Management Plan represents an important step in planning for recent and future growth at Fort Gordon to ensure Augusta-Richmond County can accommodate growth while maintaining its quality of life. WHEREAS, Augusta-Richmond County has a long tradition of coordinated regional planning with communities around Fort Gordon. WHEREAS, Fort Gordon is an integral part of the Augusta Metropolitan Area and the Augusta-Richmond County Board of Commissioners favors adopting strategies to ensure accommodating its continued growth. NOW, THEREFORE, BE IT RESOLVED that the Augusta-Richmond County Board of Commissioners adopts the Fort Gordon Regional Growth Management Plan. Adopted this _____ day of _____________________, 2022 _______________________________________ (Chair) ATTEST: ________________________________________ (Clerk) A RESOLUTION OF THE AUGUSTA RICHMOND COUNTY BOARD OF COMMISSIONERS ADOPTING THE FORT GORDON JOINT LAND USE STUDY WHEREAS, The Augusta Richmond County Board of Commissioners, the governing authority of Augusta Richmond County, has participated in developing the Fort Gordon Joint Land Use Study. WHEREAS, The Fort Gordon Joint Land Use Study is the result of a cooperative planning effort among Fort Gordon and Augusta-Richmond, Columbia, Jefferson and McDuffie Counties. WHEREAS, The Fort Gordon Joint Land Use Study was prepared in consultation with community stakeholders. WHEREAS, Fort Gordon and Augusta-Richmond, Columbia, Jefferson and McDuffie Counties have a long tradition of coordinated planning. WHEREAS, Fort Gordon is an integral part of the CSRA and the Augusta Richmond County Board of Commissioners favors adopting policies to ensure Fort Gordon's operating environment is preserved. NOW, THEREFORE, BE IT RESOLVED by the Augusta Richmond County Board of Commissioners adopts the Fort Gordon Joint Land Use Study. Adopted thiBfl day of ~ M~ ~ u--------- 2006 ATTEST: d!f!lffJ/~C erk) Commission Meeting Agenda 9/20/2022 2:00 PM Resolution of Support Fort Gordon Growth Management Plan Department:Mayor's Office Department:Mayor's Office Caption:Motion to adopt Fort Gordon Growth Management plan resolution in support of CSRA Regional Commission. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: KOA HILLS CONSULTING, LLC PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the “Agreement”), is entered into as of the date and year set forth below (the “Effective Date”), by and between the CITY OF AUGUSTA (“Recipient”), a city, and KOA HILLS CONSULTING, LLC, a Nevada limited liability company (“Service Provider”). WHEREAS, Recipient desires to engage Service Provider to provide certain consulting services to Recipient, and Service Provider desires to perform certain consulting services for Recipient, which services will be more fully set forth in specific Statements of Work (as defined below) NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Recipient and Service Provider agree as follows: 1. Services. a. Recipient engages Service Provider, and Service Provider hereby accepts this engagement, to provide certain consulting services related to the business or products of Recipient (any service performed by Service Provider for Recipient is hereinafter referred to as, the “Services”), which Services shall each be described and performed as more specifically set forth in each Statement of Work entered into by the parties and attached to this Agreement, substantially in the form of Exhibit A attached hereto (each, a “Statement of Work”), pursuant to the terms and conditions specified in this Agreement. b. Each Statement of Work shall include the following information, if applicable: (i) a detailed description of the Services to be performed pursuant to the Statement of Work; (ii) the date upon which the Services will commence and the term of such Statement of Work; (iii) the fees to be paid to Service Provider under the Statement of Work; (iv) the implementation plan, including a timetable, milestones and payment schedules; (v) any criteria for completion of the Services; and (vi) any other terms and conditions agreed upon by the parties in connection with the Services to be performed pursuant to such Statement of Work. c. If Recipient desires to change the scope or performance of the Services or any Statement of Work, it shall submit details of the requested change to Service Provider in writing. Service Provider shall, within ten (10) business days after such request, provide a written estimate to Recipient of: (i) the likely time required to implement the change; (ii) any necessary variations to the fees and other charges for the Services arising from the change; (iii) the likely effect of the change on the Services; and (iv) any other impact the change might have on the performance of this Agreement. Promptly after receipt of such information, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance herewith. 2. Term; Termination. This Agreement shall commence as of the Effective Date and shall continue thereafter until the expiration of the Term (as defined in the applicable Statement of Work), unless sooner terminated pursuant to the terms hereof. In the event Recipient fails to remit payment for amounts of any invoice within the thirty (30) days of receipt of Service Provider’s invoice, Service Provider may suspend performance of the Services upon written notice to Recipient until payments due are received. If any amount remains unpaid for five (5) business days after written notice by Service Provider to Recipient of Recipients’ failure to timely pay such amounts, Service Provider may terminate this Agreement upon written notice to Recipient. Either party shall have the right to terminate this Agreement if the other party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of such breach. 3. Obligations of Service Provider; Representations and Warranties. a. Service Provider shall: (i) before the date on which the Services are to start, obtain, and at all times during the Term of this Agreement maintain, all material licenses and consents and comply with all relevant state, federal and local laws, rules or regulations of any governmental entity or body (collectively, “Laws”), applicable to the provision of the Services; and (ii) comply with, and ensure that all employees or subcontractors, if any (together, “Personnel”), comply with, all rules, regulations and policies of Recipient that are communicated to Service Provider in writing, including security procedures concerning systems and data and remote access thereto, and general health and safety practices and procedures. b. Service Provider is responsible for all Personnel and for the payment of their compensation, including, if applicable, withholding of income taxes, and the payment and withholding of social security and other payroll taxes, unemployment insurance, workers’ compensation insurance payments and disability benefits. c. Service Provider represents and warrants to Recipient that: (i) it has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder, and that the execution, delivery and performance of this Agreement and all other agreements contemplated hereby have been duly authorized; (ii) it shall perform the Services using Personnel of required skill, experience and qualifications and in in accordance with industry standards for similar services; and (iii) it is in material compliance with, and shall perform the Services in compliance with, all applicable Laws. Notwithstanding anything contained herein to the contrary, Service Provider makes no representation or warranty with respect to any Recipient data, information or materials, or any Recipient Intellectual Property Rights (as defined herein) incorporated into or used in connection with the Services. As used in this Agreement, “Intellectual Property Rights”) means all (a) patents, patent disclosures and inventions (whether patentable or not), (b) trademarks, service marks, trade secrets, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, (c) copyrights and copyrightable works (including, without limitation, software and computer programs), mask works, and rights in data and databases, (d) trade secrets, know-how and other confidential information, and (e) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. d. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER PROVIDES THE SERVICES AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, OF WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT; EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH RECIPIENT. 4. Obligations of Recipient; Representations and Warranties a. Recipient shall: (i) cooperate with Service Provider in all matters relating to the Services; respond promptly, but in any event within five (5) business days, to any Service Provider request to provide direction, information, approvals, authorizations or decisions that are necessary for Service Provider to perform Services in accordance with the requirements of this Agreement; and, (iii) ensure that information and materials provided to Service Provider are complete and accurate in all respects. b. Recipient represents and warrants to Service Provider that: (i) it has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder, and that the execution, delivery and performance of this Agreement and all other agreements contemplated hereby have been duly authorized; (ii) it is in material compliance with all applicable Laws; (iii) Recipient’s is not currently infringing and will not infringe on any Intellectual Property Right of any third party, and, as of the date hereof, there are no pending or threatened claims, litigation or other proceedings against Recipient by any third party based on an alleged violation of any Intellectual Property Rights. 5. Payment Terms. a. In consideration of the provision of the Services by Service Provider and the rights granted to Recipient under this Agreement, Recipient shall pay the fees set forth in the applicable Statement of Work. b. Where the Services are provided on a time basis: (i) the fees payable for the Services shall be calculated in accordance with Service Provider ‘s hourly fee rate set forth in the applicable Statement of Work, in minimum units of ¼ hours; and (ii) Service Provider shall issue invoices to Recipient weekly in arrears for its fees for time for the immediately preceding week, together with a description of the work performed for each time entry. c. Where Services are provided for a fixed price, the total fees for the Services shall be the amount set out in the applicable Statement of Work and shall be payable to Service Provider in installments as set out in the Statement of Work. d. Service Provider shall issue invoices to Recipient in accordance with the terms of this Section or any applicable Statement of Work, and Recipient shall pay all invoiced amounts due to Service Provider within thirty (30) days after Recipient’s receipt of such invoice. If fees are not paid promptly (within 30 days of the date of invoice), a carrying charge of one and a ½ percent (1.5%) per month will be assessed on the unpaid balance of the statement from the date of invoice. Payments will be accepted by cash, check, money order, bank draft, wire transfer and ACH direct deposit into Service Provider’s account. e. Recipient shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Recipient hereunder; provided, that, in no event shall Recipient pay or be responsible for any taxes imposed on, or with respect to, Contactor’s income, revenues, gross receipts, personnel or real or personal property or other assets. 6. Independent Contractor. The relationship of Service Provider to Recipient is that of independent contractor and not that of partner, member, joint venturer, employee or agent. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties. This Agreement shall not be construed to make either party the agent or legal representative of the other party for any purpose whatsoever, and neither party is granted any right or authority to assume or create any obligations for, on behalf of, or in the name of the other party. Each party agrees that it will neither represent, nor allow itself to be held out as an agent of, or partner or joint venturer with the other party. 7. Protection of Recipient’s Confidential Information. a. Definition of Confidential Information. As used herein, “Confidential Information” means and includes: (a) any non-public knowledge or information relating to the business, operations and affairs of Recipient, disclosed by Recipient to Service Provider in the course of Service Provider’s engagement by Recipient or the performance of the Services; and (b) any trade secrets of either party will be entitled to all of the protections and benefits under the Nevada Trade Secrets Act, Nevada Revised Statutes §§ 600A.030 et seq. and any other applicable law. None of the foregoing obligations and restrictions applies to any part of the Confidential Information that the receiving party demonstrates was or became generally available to the public other than as a result of a disclosure by the receiving party. b. Protection of Confidential Information. In connection with this Agreement, Service Provider may have access to Confidential Information of Recipient. Service Provider agrees that at all times during and after Service Provider’s engagement by Recipient, Service Provider will hold in trust, keep confidential, and not disclose to any third party or make any use of the Confidential Information of Recipient, except for the benefit of Recipient and in the course of Service Provider’s performance of any Services for Recipient. Notwithstanding the foregoing, Service Provider may disclose Confidential Information if and to the extent that such disclosure is required by law, court order, or order from a regulatory body having jurisdiction over either of the parties hereto. 8. Return of Property. Upon termination of Service Provider’s engagement with Recipient, (a) Service Provider shall, upon Recipient’s written request, either return or destroy, in its sole discretion, all of Recipient’s Confidential Information, and (b) Service Provider shall return to Recipient any keys, equipment or other personal property of Recipient, to Recipient. 9. Indemnification; Limitations on Liability. a. Each party shall defend, indemnify and hold harmless the other party and its shareholders, officers, directors, members, managers, employees, agents, successors and permitted assigns from and against all claims, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including attorneys’ fees and costs and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or resulting from any claim, suit, action or proceeding arising out of or resulting from (a) the willful, fraudulent or grossly negligent acts or omissions of such party, or (b) a claim that such party infringes any Intellectual Property Right of a third party. b. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE PROVISION OF THE SERVICES, OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT EITHER PARTY MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF EACH PARTY TO THE OTHER UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE FEES PREVIOUSLY PAID BY RECIPIENT TO SERVICE PROVIDER HEREUNDER. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 10. Notices. All notices, requests, demands, claims, and other communications hereunder shall be in writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given (i) when delivered personally to the recipient, (ii) one (1) business day after being sent to the recipient by reputable overnight courier service (charges prepaid), (iii) one (1) business day after being sent to the recipient by facsimile transmission or electronic mail, or (iv) four (4) business days after being mailed to the recipient by certified or registered mail, return receipt requested and postage prepaid, and addressed to the intended recipient as set forth on the signature page. Any party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other Parties notice in the manner herein set forth. 11. Attorneys’ Fees. Should either party employ an attorney or attorneys to enforce any of the terms and conditions hereof, the prevailing party shall be entitled to all costs and expenses, including attorneys’ fees, expended or incurred by the such party. 12. Entire Agreement. This Agreement and any applicable Statement of Work are the entire understanding of the parties, and supersedes any other agreement, whether written or oral. This Agreement may not be amended except in writing signed by both parties. 13. Severability. If a court finds any provision of this Agreement to be invalid, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 14. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Nevada. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal or state courts located in Washoe County, Nevada. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. 15. Counterparts. This Agreement may be executed in one or more counterparts each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. [signatures appear on following page] Scope of Work City of Augusta - Analyst On Demand - (August 2022 Renewal) 1 Introduction This Statement of Work (“SOW”) between the City of Augusta, hereby known as “Customer”, and Koa Hills Consulting, hereby known as “Koa Hills”, describes tasks and initiatives relating to the needs at the City of Augusta. This document outlines the following: ●The scope of services being contracted for from Koa Hills ●Period of performance ●Project assumptions ●Acceptance criteria ●Change control ●Project Costs 2 Scope of Services Initiatives or tasks not described in this SOW are agreed to be out-of-scope and not included in the SOW. Either party may communicate change requests to the other party through an agreed-upon Change Order Process. The scope for this SOW is defined below. 2.1 Organizational Scope The organizational scope includes all Customer departments, divisions, or other functional areas that use the current ERP solution. 2.2 Geography and Language Scope The geographical scope includes the United States and the City of Augusta. Koa Hills will schedule team members either to be onsite or to be available remotely, as appropriate. 2.3 User Scope The user scope includes all of the Customer’s active users of the current ERP solution. 2.4 Analyst On Demand Scope - 147 Hours The Analyst on Demand service allows the Customer to request ad hoc services from Koa Hills Consulting, including financials and HR/payroll consultation, report creation, security fixes, and workflow configuration. Tasks are tracked in the Intervals tracking system. 3 Period of Performance The estimated Period of Performance of this project will begin on 8/10/22 and end on 12/31/22. SOW – Koa Hills Consulting – City of Augusta, GA - Analyst On Demand (August 2022 Renewal) 1 4 Project Assumptions Assumptions are factors that are considered to be known as true by the Customer and Koa Hills when planning for this project. The list of assumptions made for this project are as follows: ●The Customer has the will and the authority to enter into the project. ●Adequate funding will be available to complete the project. ●The Customer will provide required resources and fulfill Customer’s project responsibilities. ●The Customer will continue to provide strong, effective executive sponsorship for the project. ●The Customer will provide adequate, qualified staff resources to complete the project. ●The Customer will furnish and maintain the necessary infrastructure for the project to Koa Hills and to the Customer’s users, including but not limited to: ○Remote and local network access ○Connectivity to all ERP servers and applications 5 Acceptance Criteria Customer and Koa Hills will follow best practices throughout the project and mutually identify criteria for completion of the project. The overall scope of work will be considered complete when one or more of the following criteria are met: ●Koa Hills has delivered the agreed-upon hours ●Customer and Koa Hills agree that no further assistance is needed 6 Change Control In the event that either Koa Hills or the Customer identifies an activity or objective that is beyond the scope set forth in this SOW, the parties agree to take the following steps: 1.Notification should be provided to both parties which announces the change requested. The following details should be provided as part of an official Change Request: ■Change requested - Description of the scope change needed, including details on how the change relates to project objectives and the impact to the project if the change is not applied. ■Estimated project impact - Estimated impact of the change to the project, including work effort, deliverables, and impact to the overall project timeline. ■Estimated cost - Consolidated estimate which identifies additional costs to implement the change, including labor, hardware, software, or other expenses. 2.If the Change Request is acceptable to all parties, it should be executed by representatives for Koa Hills and the Customer. Once this is complete, work on the Change Request can be started. Any additional costs will be billed according to rates established in the Contract. SOW – Koa Hills Consulting – City of Augusta, GA - Analyst On Demand (August 2022 Renewal) 2 7 Project Costs Task Description Hours Rate Cost Analyst on Demand services 147 170 $24,990 Total Estimated Cost of Services $24,990 Quotation Notes: ●All work will be done remotely. ●Hours billed as incurred. ●This quote is valid for 90 Days. Please confirm your acceptance of this quote by signing below: Signature Print Name Date SOW – Koa Hills Consulting – City of Augusta, GA - Analyst On Demand (August 2022 Renewal) 3 I N FORMATION TECHNOLOGY Tameka Allen Chief Information Offi cer Reggie Horne Deputy Chief Information Officer To:Ms. Geri Sams, Director, Procurement Ms. Takiyah A. Douse, Interim Administrator From: Ms. Tameka Allen, CIO, Information T Date: August 16,2022 RU* LT'22 ru *:tE subject: sole Source Justilication for Koa Hills Consulting,LLC Central Square is the integrated ERP system used by Augusta for payroll, accounting, procurement, human resource -*ug"ri.nt, and all other finance-related processes. All Augusta departments and offices use Central Square for procurement and budgetary functions. Augusta's needs for Central Square configuration, reporting, and training have grown significantly over the past few years. Due to this demand, as well as the complexity of the software, Information Technology has engaged a consultant to help meet the specific needs arising from each department. Central Square is a specialized application, and koa Hills Consulting, LLC is the only known external consulting firm that specifically off.r. "Analyst on Demand" support for this software. Information Technology has previously engaged Koa Hills to provide these services and found them to be a valuable resource. Due to staff changes and additional reporting needs, Information Technology now requires additional service hours from Koa Hills. The attached contract and scope of work would provide on-demand services up to $24,990 for the remainder of 2022. Hours will be billed as incurred. These services will be fundeilfrom the Information Technology operating budget (101015410-5239110). I am requesting your approval to proceed with this endeavor and your signatures below. Thank you in advance for your consideration and response. |/Mtr, Approve / Deny:Date: Ms. Takiyah A. Douse, Interim Administrator Information TechnologY 535 Telfair Street, Building 2000 Augusta, GA 30901 (7 06) Szt -2522 - FAX (7 06) 821-2530 www.AugustaGa.gov Gary Hewett Deputy Chief Information Officer rector, Procurement sole source Justification (Reference Article 6, Procurement source Selection Methods and ContractAwards,sl.l0.s6SoLESoURcEPRoGUREMENT Vendor: Koa Hills Consulting, LLC Commodity: Software Support E-Veriff Number: 1402992 Estimated annual expenditure for the above commodity or service:$ 24,990.00 Initial all entries below that apply to the proposed purchasg. Attach a memorandum containing complete j"rtifl,*tir, "rd *ppo,t d*u*"ntution ur dir""t"a in initialed entry. (More than one entry will apply to most sole source products/services requested). SOLE SOURCE REQUEST IS FOR THE OzuGINAL MANUFACTURER OR PROVIDER' THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional distributors exist. Item no. 4 also must be completed') SOLE SOURCE REQUEST IS FOR ONLY THE AUGUSTA GEORGIA AREA DTSTRIBUTOR OF THE OzuGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer,s - 16f the distributol's - written certification that identifies all regional distributors. Item no. 4 also must be completed.) THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum') THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS oF THrS DEpARTMENT oR PERFoRM THE INTENDED FLrNCTION. (Attach memorandum with details of specialized function or application') THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Afiach memorandum describing basis for standardization request.) NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FoRTHISSoLESOURCEREQUESTISCoNTAINEDINATTACHEDMEMORANDUM. 1. 2. 4. 5. 6. X The undersigned requests that competitive procurement be waived and that the vendor identified of the service or material described ip this iole souice justification be authorized as a sole source as the supplier for the service or material. Name: Department Head Si Approval Authority: Horne tion Technol Date: Date: 8/16/22 KIIJa. on",4{ff/tvzq- Administrat o, OOOrou urffi,l/ COMMENTS: Rev.09/10/12 Date: Commission Meeting Agenda 9/20/2022 2:00 PM Approve Contract with Koa Hills Consulting, LLC to provide On-Demand ERP Support and Configuration Services Department:Information Technology Department:Information Technology Caption: Motion to approve Contract with Koa Hills Consulting, LLC to provide On-Demand ERP Support and Configuration Services. (Approved by Public Safety Committee September 13, 2022) Background:Central Square is the integrated ERP system used by Augusta for payroll, accounting, procurement, human resource management, and all other finance-related processes. All Augusta departments and offices use Central Square for procurement and budgetary functions. Augusta’s needs for Central Square configuration, reporting, and training have grown significantly over the past few years. Analysis:Due to increased demands, staffing changes, additional reporting needs, and the complexity of the software, Information Technology has engaged a consultant to help meet the specific needs arising from each department. Central Square is a specialized application, and Koa Hills Consulting, LLC is the only known external consulting firm that specifically offers “Analyst on Demand” support for this software. Financial Impact:The attached contract and scope of work would provide on-demand services up to $24,990 for the remainder of 2022. Hours will be billed as incurred. These services will be funded from the Information Technology operating budget (101015410-5239110). Alternatives:There are no recommended alternatives. Recommendation:Approve Contract with Koa Hills Consulting, LLC to provide On-Demand ERP Support and Configuration Services Funds are Available in the Following Accounts: These services will be funded from the Information Technology operating budget (101015410-5239110). REVIEWED AND APPROVED BY: Central Services Department Takiyah A. Douse, Director Fleet Management Ron Crowden, Fleet Manager 1568-C Broad Street Augusta GA 30904 Phone: (706) 821-2892 DATE: August 24, 2022 SUBJECT: Approve the request for the purchase of one Compact Tracked Steer Loader for the Richmond County Sheriff’s Office-Training Range CAPTION: Motion to approve the purchase of one 2022 Kubota SLV97-2 Compact Tracked Steer Loader at a total cost of $77,295.00 from J & B Tractor of Augusta, GA (Bid 21-264) for the Richmond County Sheriff’s Office-Training Range. BACKGROUND: The Richmond County Sheriff’s Office-Training Range is requesting to purchase the equipment for land maintenance of the Training Range in lieu of continuously borrowing assets from the landfill. The land requiring regular maintenance includes 200 acres of land on the Training Range, South Precinct, Special Operations Precinct. ANALYSIS: The Procurement Department published a competitive bid using the Demand Star application for a Compact Utility Tractor. Invitations to bid were mailed out to 16 vendors to include eight (8) local vendors and received a total of five (5) responses. J & B Tractor of Augusta, GA offered the lowest cost and provided all the necessary specifications for the requested equipment. Bid 21-264: Compact Tracked Steer Loader: 2022 Kubota SLV97-2 – J & B Tractor: $77,295.00 (Augusta, GA) 2022 John Deere 3331G – Blanchard Equipment: $90,350.00 (Augusta, GA) 2023 John Deere 333G – AG-Pro: $92,138.00 (Conyers, GA) 2022 Bobcat T770 – Bobcat of Augusta: $93,185.00 (Augusta, GA) 2022 Cat 299D3 – Yancey Brothers: $121,392.00 (Augusta, GA) FINANCIAL IMPACT: One asset at $77,295.00 using Capital Outlay Fund account; 272-03-1410/54-21110 ALTERNATIVES: (1) Approve the request; (2) Do not approve the request RECOMMENDATION: Motion to approve the purchase of one 2022 Kubota SLV97-2 Compact Tracked Steer Loader at a total cost of $77,295.00 from J & B Tractor of Augusta, GA (Bid 21-264) for the Richmond County Sheriff’s Office-Training Range. By Budget Control AUGUSTA, GEORGIA Budget to Actual Report As Of: Ledger: Fiscal Year:2022 GL Object Code: Fund: 5421110 Org Key: Directors Name: 272 272031410 Description BalanceEncumbranceActualBudget Control 08/24/2022 PEBudget: Budget Capital Outlay 0.0084,100.0054 84,100.000.00 (84,100.00)0.00 0.00 0.00 84,100.000.0084,100.00 0.00 (84,100.00) 0.000.00 Net Total Expense 0.00Total Revenue 08/24/2022 08:44:11 Current Date:1Page:AS91663 - Anthony SebekUser ID: Current Time:Report ID:GLIQBAGLJLBC - BA - Budget to Actual Figures(GLJL Commission Meeting Agenda 9/20/2022 2:00 PM Motion to move funds to Training Range in Capital Outlay Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption:Motion to approve the request to move funds to the Richmond County Sheriff’s Office Training Range Capital Outlay. (Approved by Public Safety Committee September 13, 2022) Background:The Richmond County Sheriff’s Office has funds available in account 272- 03-1410/54-21110 Police Training / Machinery & Equipment to purchase a Compact Steer Loader. Additional funds in the amount of $15,000 is needed to complete the purchase. Analysis:Funding is available in account 273-03-2110/5223112 Financial Impact:The Richmond County Sheriff's Office has received the acceptance packet for the Compact Steer Loader. Alternatives:None Recommendation:The Richmond County Sheriff's Office recommends the fund transfer in the amount of $15,000 from account 273-03-2110/5223112 to 272-03- 1410/54-21110 to purchase a Compact Steer Loader. Funding is available in account 273-03-2110/5223112 Funds are Available in the Following Accounts: Funding is available in account 273-03-2110/5223112 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM 2023 Procedural Process Department:Augusta Commission Department:Augusta Commission Caption:Receive information from Administration relative to the procedural process for outside agencies' 2023 budget requests. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Enterprise Fund and General Fund Department:Augusta Commission Department:Augusta Commission Caption:Discuss the use of Enterprise Funds being used to cover the General Fund. (Requested by Commissioner Alvin Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Approve and Adopt Revised Ordinance Regarding RTV Ordinance Revisions Department:Engineering Department:Engineering Caption:Motion to approve and adopt proposed Ordinance changes to the Augusta, Georgia Code, 3-5-1 and 3-5-86 to modify requirements for personal transportation vehicles (PTV). (No recommendation from Engineering Services Committee August 30, 2022; approved by the Commission September 6, 2022-second reading ) Background:Currently, the PTV ordinance and all associated conditions were adopted in 2018 by the Augusta Commission. A downtown business would like to modify the Ordinance to allow the use of a larger PTV vehicle. Analysis:The ordinance modifications involve increasing the allowable weight of a Commercial PTV to 3,000 pounds and increasing the number of passengers up to 20 people. Financial Impact:None Alternatives:Do not approve changes to Augusta, Georgia Code 3-5-1 and 3-5-86. Recommendation:Approve proposed revisions to Augusta, Georgia Code 3-5-1 and 3-5-86 to allow for Commercial PTV changes. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Invitation to Bid Sealed bids will be received at this office until Monday, June 13, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 879 1363 3934; Passcode: 899196 for furnishing: Bid Item #22-226 Construction & Maintenance Parking Lot Addition for Augusta, GA – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors, and suppliers exclusively from ARC Southern. The fees for the plans and specifications which are non-refundable are $100.00. 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, April 28, 2022. 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. Pre-Bid Conference will be held on Monday, May 23, 2022 @ 10:00 a.m. Via Zoom – Meeting ID: 859 9876 5467; Passcode: 639736. Optional Site Visit will be Tuesday, May 24, 2022 @ 10:00 a.m. in the Utilities Department parking lot. 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 Wednesday, May 25, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No bid may be withdrawn for a period of ninety (90) days after BIDs have been opened, pending the execution of contract with the successful vendor. A 10% Bid Bond is required. 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 28, 2022 and May 5, 12, 19, 2022 Metro Courier April 28, 2022 Revised: 3/22/2021 OFFICIAL VENDORS REEVES CONSTRUCTION 1 APAC INDUSTRIAL WAY AUGUSTA, GA 30907 LEP CONTRACTING, LLC 2917 FOXHALL CIRCLE AUGUSTA, GA 30907 Attachment B Yes Yes E-Verify Number 667047 1512510 SAVE Form Yes Yes Addendum 1 Yes Yes Bid Bond Yes Yes Grand Total $573,107.50 $239,318.00 Compliane Review LSBOP Goal 4%Yes Yes Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 187 Georgia Procurement Registry: 732 Pre-Bid Conference: 13 Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening - Bid Item #22-226 Construction & Maintenance Parking Lot Addition for Augusta, GA – Utilities Department Bid Due: Monday, June 13, 2022 @ 3:00 p.m Page 1 of 1 Commission Meeting Agenda 9/20/2022 2:00 PM ITB 22-226 Construction & Maintenance Parking Lot Addition for Augusta Utilities Department Department:Utilities Department:Utilities Caption:Motion to approve Award of Bid #22-226 for the construction of additional parking lots to LEP Contracting, LLC. (Approved by Engineering Services Committee September 13, 2022) Background:The Construction & Maintenance division of the Utilities Department is in need to upgrade the existing parking lot. This will allow this division to be able to offer more parking spaces for visitors and Maintenance’s vehicles. Analysis:Augusta Utilities Department (AUD) have reviewed the bid submitted by LEP Contracting, LLC. The bid for construction services was deemed to be fair and reasonable. Financial Impact:We have reviewed the bid from LEP Contracting, LLC. and find it to be reasonable. Funding in the amount of $239,318.00 is available from accounts: 507043410-54-12110/ 82200020-54-12110 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to LEP Contracting, LLC in the amount of $239,318.00 for the Construction & Maintenance Parking Lot Addition for Augusta Utilities Department. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043410-54-12110/ 82200020-54-12110 REVIEWED AND APPROVED BY: AUD Fort Gordon JLA Projects Vicinity Map Willard Training Area Brant Hall Cyber CoE Campus Commission Meeting Agenda 9/20/2022 2:00 PM Johnson, Laschober and Associates, P.C. (JLA) Supplemental Engineering Services for Utilities Department Projects on Fort Gordon Department:Utilities Department:Utilities Caption:Motion to approve proposal from Johnson, Laschober and Associates, P.C. (JLA) to to provide supplemental engineering services for Utilities Department on Fort Gordon. (Approved by Engineering Services Committee September 13, 2022) Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and non-potable irrigation utility provider for Fort Gordon, which is undergoing a post-wide transformation with new construction and renovation projects as the Cyber Center of Excellence. Fort Gordon’s growth is driving numerous AUD water and sanitary sewer projects. JLA is part of the Fort Gordon’s design team for many projects and is responsible for their site designs. These projects include the Willard Training Area Renovation, Brant Hall Water Main Replacement, and several ongoing phases of the Cyber CoE Campus. Thus, JLA is well positioned to provide design services to AUD and represent AUD interests on these projects. Therefore, AUD requests supplemental funding to continue using JLA engineering services for these and other AUD Fort Gordon projects. These professional services costs are to be recovered within AUD’s project budget for each respective project paid for by Fort Gordon. Analysis:Based upon their qualifications as preapproved consultants under RFQ #18-132 Engineering Consultant Services for Utilities, the Utilities Department recommends supplementing JLA’s contract for engineering services for additional Fort Gordon projects. Utilities Department requests approval in the amount of $200,000 to fund the proposed services. Financial Impact:$200,000 funding is available from the following accounts: 515043490- 5212115/ 88880160-5212115. Alternatives:No alternatives are recommended. Recommendation:Recommend approval for Utilities Department to supplement JLA’s contract to perform the proposed services in the amount of $200,000. Funds are Available in the Following Accounts: Funds are available in the following accounts: 515043490-5212115/ 88880160-5212115. REVIEWED AND APPROVED BY: 1 U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS FOR CONSTRUCTION PROJECTS Title II of the Public Works and Economic Development Act of 1965 Public Works and Economic Development Facilities and Economic Adjustment Assistance Construction Components March 22, 2021 2 Table of Contents PART I: GENERAL PROVISIONS ........................................................................................................................ 4 A. Construction Award Purpose ........................................................................................................................... 4 B. Authorities ........................................................................................................................................................ 4 1. In General ........................................................................................................................................... 4 2. PWEDA ............................................................................................................................................. 4 3. EDA Regulations ............................................................................................................................... 4 4. Conflicts Among Authorities ............................................................................................................. 4 C. Updates to Authorities ...................................................................................................................................... 4 1. Updates to Regulations and Requirements ........................................................................................ 4 2. Applicability to the Award ................................................................................................................. 5 D. Variances ........................................................................................................................................................ 5 E. Recipient as Trustee ...................................................................................................................................... 5 F. Additional Funding ....................................................................................................................................... 5 G. Definitions .................................................................................................................................................... 5 H. Reaffirmation of Application and Award Acceptance .................................................................................. 5 PART II: SPECIAL REQUIREMENTS FOR EDA CONSTRUCTION PROJECTS ............................................ 7 A. Financial Requirements ................................................................................................................................ 7 1. Financial Reports ............................................................................................................................... 7 2. Disbursements .................................................................................................................................... 7 3. Federal and Non-Federal Cost Sharing .............................................................................................. 8 4. Budget Revisions and Transfer of Funds ........................................................................................... 8 5. Indirect Costs and Facilities and Administrative Costs ..................................................................... 9 6. Incurring Costs Prior to Award ........................................................................................................ 10 7. Program Income ............................................................................................................................... 10 B. Programmatic Requirements ...................................................................................................................... 10 1. Project Progress and Performance Reporting .................................................................................. 10 2. Time Extensions ............................................................................................................................... 11 3. Interim Reporting of Significant Project Developments .................................................................. 12 4. Programmatic Changes .................................................................................................................... 12 5. Government Performance and Results Act ...................................................................................... 12 6. Beneficiary Compliance ................................................................................................................... 13 7. Hold Harmless ................................................................................................................................. 13 8. Prohibition on Use of Third Parties to Secure Award ...................................................................... 13 9. Payment of Attorneys’ or Consultants’ Fees ................................................................................... 13 10. Recipient’s Duty to Refrain from Employing Certain Government Employees .............................. 13 11. Commencement of Construction ..................................................................................................... 14 12. Project Sign and Use of EDA Logo ................................................................................................. 14 13. Efficient Administration of Project .................................................................................................. 15 14. Conflicts-of-Interest Rules ............................................................................................................... 15 3 15. Records-Keeping Requirements ...................................................................................................... 16 16. Termination Actions ........................................................................................................................ 17 17. Project Closeout Procedures ............................................................................................................ 18 18. Freedom of Information Act ............................................................................................................ 20 C. Additional Requirements Related to Construction Projects ....................................................................... 20 1. The Davis-Bacon Act, as amended (40 U.S.C. §§ 3141–3144, 3146, 3147; 42 U.S.C. § 3212) ..... 20 2. The Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. §§ 3701-3708) ....... 20 3. The National Historic Preservation Act of 1966, as amended (54 U.S.C. § 300101 et seq.), and the Advisory Council on Historic Preservation Guidelines (36 CFR part 800) .................................... 20 4. Preservation of Historical and Archeological Data (54 U.S.C. § 312502) ...................................... 20 5. The Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151 et seq.) ............................ 21 6. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. § 4601 et seq.) ................................................................................................ 21 7. The Energy Conservation and Production Act (42 U.S.C. § 6834 et seq.) ...................................... 21 8. Executive Order 13717, “Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction ..................................................................................................................... 21 9. Compliance with Local Construction Requirements ....................................................................... 21 D. Non-Discrimination Requirements ............................................................................................................. 21 E. Audits .......................................................................................................................................................... 21 1. General ............................................................................................................................................. 21 2. Requirement to Submit a Copy of the Audit to EDA ...................................................................... 22 F. Tribal Employment Rights Ordinances ...................................................................................................... 22 G. EDA Contracting Provisions for Construction Projects ............................................................................. 22 H. Property ...................................................................................................................................................... 22 1. Standards ......................................................................................................................................... 22 2. Title .................................................................................................................................................. 23 3. EDA’s Interest in Award Property ................................................................................................... 23 4. Insurance and Bonding ..................................................................................................................... 25 5. Leasing Restrictions. ........................................................................................................................ 25 6. Eminent Domain .............................................................................................................................. 26 7. Disposal of Real Property ................................................................................................................ 26 8. Reporting on Property ...................................................................................................................... 26 I. Environmental Requirements ..................................................................................................................... 27 1. General. ............................................................................................................................................ 27 2. Compliance with Other Applicable Environmental Requirements .................................................. 27 J. American-Made Equipment and Products .................................................................................................. 28 PART III: DEPARTMENT OF COMMERCE STANDARD TERMS AND CONDITIONS .............................. 29 4 PART I: GENERAL PROVISIONS A. Construction Award Purpose This financial assistance award (the Award), executed by the Economic Development Administration (EDA) and the recipient (Recipient or non-Federal entity), is awarded for the purpose of carrying out the design, engineering, or construction of certain physical infrastructure as specifically set forth in the Award’s scope of work. B. Authorities 1. In General Recipient must administer this Award in conformance with the terms of the Award, including any properly executed amendment thereto, the EDA-approved budget and scope of work, these EDA Standard Terms and Conditions for Construction Projects (EDA Construction STCs) and the Department of Commerce (DOC) Financial Assistance Standard Terms and Conditions (DOC Standard Terms and Conditions), as well as any specific award conditions; relevant policies issued by EDA; applicable Federal statutes, regulations, and Executive Orders; and the provisions of the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards codified at 2 CFR part 200 (OMB Uniform Guidance). 2. PWEDA The Public Works and Economic Development program is authorized under section 201 and the Economic Adjustment Assistance program is authorized under section 209 of PWEDA (42 U.S.C. §§ 3141 and 3149, respectively). 3. EDA Regulations The regulations implementing PWEDA are contained in chapter III of title 13 of the Code of Federal Regulations (CFR), and apply in full to this Award. The regulations specific to EDA construction projects can be found at 13 CFR parts 305 and 314, and subpart A to part 307. 4. Conflicts Among Authorities Any inconsistency or conflict among the authorities governing the Recipient’s administration of this Award will be resolved in the following order of precedence: Federal laws and regulations (including the OMB Uniform Guidance), applicable notices published in the Federal Register, Executive Orders, OMB circulars, these EDA Construction STCs, specific award conditions, and any written policy guidance issued by EDA. However, a specific award condition may amend or take precedence over a provision of these EDA Construction STCs on a case-by-case basis, when warranted by the specific circumstances of the Award. In the event of a conflict between Parts I or II of these EDA Construction STCs and Part III, which incorporates the DOC Standard Terms and Conditions, Parts I and II will control. C. Updates to Authorities 1. Updates to Regulations and Requirements The DOC, EDA, or OMB may issue changes from time to time to the regulations and other policies and requirements that apply to this Award. Such changes may upon occasion increase 5 administrative or programmatic flexibility in administering this Award in a manner that is mutually beneficial to EDA and the Recipient. In addition, if required by law, these changes may impose new requirements. The implementation of any such regulatory, administrative, or programmatic change in administering this Award requires EDA’s prior written approval. 2. Applicability to the Award These EDA Construction STCs apply to the Award as of the Federal award date, as defined at 2 CFR § 200.1, or, if attached to the Award by amendment, as of the effective date of such amendment. D. Variances EDA’s policy is to administer all awards uniformly; however, there may be special circumstances that warrant a variance. To accommodate these circumstances and to encourage innovative and creative ways to address economic development problems, EDA will consider requests for variances to the procedures set out in these EDA Construction STCs if they do not conflict with applicable Federal statutory and regulatory requirements, are consistent with the goals of EDA’s programs, and make sound economic and financial sense. Any approved variance will be implemented through a specific award condition incorporated under the Award. E. Recipient as Trustee The Recipient holds grant funds and any property acquired or improved with EDA assistance in trust for the public purposes of an Award. The Recipient’s obligation to the Federal Government continues for the estimated useful life of the Project, as determined by EDA, during which EDA retains an undivided equitable reversionary interest (the Federal Interest) in property acquired or improved, in whole or in part, with EDA investment assistance. See 13 CFR § 314.2 (“Federal Interest”). If EDA determines that the Recipient fails or has failed to meet this obligation, EDA may exercise any rights or remedies with respect to its Federal Interest in the Project. However, EDA’s forbearance in exercising any right or remedy in connection with the Federal Interest does not constitute a waiver thereof. F. Additional Funding EDA has no obligation to provide any additional funding in connection with the Award. Any change to the Award to increase funding or to extend the period of performance is at the discretion of EDA, subject to the availability of funds, via an amendment executed by the Grants Officer. G. Definitions Capitalized terms and acronyms used but not otherwise defined in these EDA Construction STCs have the meaning ascribed to them at 13 CFR §§ 300.3, 302.20, 307.8, and 314.1, and subpart A to 2 CFR part 200. H. Reaffirmation of Application and Award Acceptance By accepting this Award, the Recipient’s authorized representative hereby reaffirms and states that: 1. All data in the Application were true and correct when the Application was submitted and remain 6 true and correct as of the date of this Award; 2. The Application was, as of the date of submission and the date of this Award, duly authorized as required by local law by the governing body of the Recipient; and 3. The Recipient has read, understood, and will comply with all terms of this Award, including the assurances and certifications submitted as part of the Application (including assurances submitted through the System for Award Management (SAM.gov)). Acceptance of the Award is established by any action on the part of the Recipient indicating an intent to accept the Award, including by signing the Financial Assistance Award (Form CD-450) (either via a “wet” signature or electronically) or by requesting any disbursement of Award funds. “Application” means all forms, documentation, and any information submitted to EDA as part and in furtherance of a request for an Award and includes submissions made in response to any request by EDA after submission of the initial Application. 7 PART II: SPECIAL REQUIREMENTS FOR EDA CONSTRUCTION PROJECTS A. Financial Requirements 1. Financial Reports a. During the period of performance, the Recipient must submit financial reports as follows, unless otherwise specified in a specific award condition. i. Reports on Award reimbursements. In accordance with 2 CFR § 200.328 (“Financial reporting”), the Recipient must submit a “Federal Financial Report” (Form SF-425 or any successor form) on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof, unless otherwise specified in a specific award condition. Reports are due no later than 30 calendar days following the end of each reporting period, and instructions for completing and submitting Form SF-425 will be discussed during the Project kick-off meeting. Recipients may contact their EDA Project Officer with questions on how to complete or submit the report, if necessary, but they must submit reports on time and are encouraged to pose such questions sufficiently before the deadline to allow for complete, accurate, and timely submission of required reports. ii. Reports on Award advances. While EDA generally does not advance funds, when the agency does so, the Recipient must submit Form SF-425 within 15 business days following the end of each quarter for an award where the Federal share of costs is under $1 million. In accordance with 2 CFR § 200.328, because of increased risk and the need to ensure the appropriate use of Federal funds, where EDA advances funds under an award where the Federal share of costs is $1 million or more the Recipient must submit Form SF-425 within 15 business days following the end of each month, or as otherwise specified in a specific award condition. b. The Recipient must submit a final Form SF-425 no later than 120 calendar days after the end date of the period of performance. See also Part II, section B.16.c “Final reporting deadline” of these EDA Construction STCs. c. Noncompliance with the financial reporting requirements may result in appropriate enforcement action under this Award, including but not limited to suspension of Award payments, disallowance of costs or termination of an award. A Recipient’s non-compliance with financial reporting requirements will also be taken into account in EDA’s consideration of any future applications for EDA financial assistance (see 2 CFR § 200.206(b)(2)(iii) and section A.06 (Unsatisfactory Performance or Non-Compliance with Award Provisions) of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs). d. Financial reports should be submitted to the Project Officer in electronic format, unless otherwise specified in the specific award conditions. 2. Disbursements a. Method of payment. The Grants Officer determines the appropriate method of payment. 8 Unless otherwise specified in a specific award condition, the method of payment under this Award will be reimbursement. Payments will be made through electronic funds transfers directly to the Recipient’s bank account and in accordance with the requirements of the Debt Collection Improvement Act of 1996 (31 U.S.C. § 3720B et seq.). The Award number must be included on all payment-related correspondence, information, and forms. b. Disbursement requests. The Recipient must use Form SF-271, “Outlay Report and Request for Reimbursement for Construction Programs,” to request reimbursement under the Award. Substantiating invoices and/or vouchers also must be provided. Each request for the disbursement of funds must be made to the Project Officer. Form SF-271 can be downloaded from the Grants.gov post-award reporting forms website at https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html. i. Initial disbursement request. For the initial disbursement only, the Recipient must complete and submit Form SF-3881, “ACH Vendor/Miscellaneous Payment Enrollment Form,” along with Form SF-271, to the Project Officer. ii. Interim disbursement requests. All requests for interim disbursement must be submitted using Form SF-271 and include substantiating invoices and/or vouchers. iii. Final disbursement request. See Part II, section B.16 “Project Closeout Procedures” of these EDA Construction STCs. 3. Federal and Non-Federal Cost Sharing a. For purposes of this Award, the Federal share is the amount of EDA funds invested under the Award, while the non-Federal share, or “Matching Share,” means non-EDA funds and any in-kind contributions that are approved by EDA and provided by the Recipient or by third parties as a condition of the Award. b. By accepting the Award, the Recipient certifies that the Matching Share of Project costs is committed to the Project, available as needed, and not conditioned or encumbered in any way that precludes its use consistent with the requirements of the Award. See 13 CFR § 301.5 (“Matching share requirements”). c. In the case of an overrun at the construction bid opening, the Recipient may augment the Matching Share by an amount sufficient to cover the excess cost. The Recipient must furnish a letter to EDA identifying the source of the additional funds and confirming that all Matching Share meets the requirements of 13 CFR § 301.5. See 13 CFR § 305.10 (“Bid underrun and overrun”). 4. Budget Revisions and Transfer of Funds a. Approved budget plan; notification of deviations. The EDA-approved budget set forth in the specific award conditions or otherwise incorporated under the Award is the budget plan for the Project. The Recipient must notify EDA of deviations from the budget in accordance with 2 CFR § 200.308 (“Revision of budget and program plans”). If prior written approval is not required under 2 CFR § 200.308, the Recipient may request the Grants Officer’s review of 9 and guidance on proposed revisions to the budget. b. Requesting budget revisions. Requests for budget revisions to the EDA-approved budget must be submitted through the Project Officer to the Grants Officer, who will make the final determination on such requests and notify the Recipient in writing. c. Budget revisions that require an amendment. In accordance with 2 CFR § 200.308(f) and (h), an amendment executed by the Grants Officer are required for budget revisions when: i. The revision results from changes in the scope or the objective of the Project; ii. The need arises for additional EDA funds to complete the Project; iii. The Federal share exceeds the simplified acquisition threshold (currently set at $250,000) and the cumulative amount of transfers among direct cost categories exceeds or is expected to exceed 10 percent of the total budget as last approved by EDA; and iv. A revision is desired that involves specific costs for which prior written approval requirements may be imposed consistent with applicable cost principles listed in subpart E of 2 CFR part 200 (“Cost Principles”). d. Prior approval for transfers between construction and non-construction items. When an Award supports both construction and non-construction work, the Recipient must obtain prior written approval from the Grants Officer before making any fund or budget transfer from non-construction to construction or vice versa. See 2 CFR § 200.308(h)(5). e. Project underrun amounts. Underrun amounts will be transferred to the contingencies line item. Contingency funds are to be used to address situations resulting from unknown conditions and changes required for the fulfillment of authorized activities under this Award. EDA may approve the use of underrun funds to increase the Federal share of the Project or further improve the Project, as long as EDA determines that the use is consistent with the original purpose of the Award. See 13 CFR § 308.1 (“Use of funds in projects constructed under projected cost”). f. Additional EDA funding in case of Project overrun amounts. In accepting this Award, the Recipient agrees to fund any overrun amounts from non-Federal sources, or if the Recipient is unable or unwilling to do so, to request termination of the Award. Additional EDA assistance for the Project is at the discretion of EDA and may not be approved. 5. Indirect Costs and Facilities and Administrative Costs a. Indirect costs, or facilities and administrative (F&A) costs for educational institutions, are generally not applicable under this Award. See the definition of “indirect (facilities and administrative) (F&A)) costs” at 2 CFR § 200.1. b. When indirect costs are applicable, they will not be allowable charges against the Award unless approved under the Award and specifically included as a line item in the Award’s approved budget. See section B.06 of the DOC Standard Terms and Conditions (“Indirect or Facilities and Administrative Costs”), which are incorporated into these EDA Construction STCs in Part III. 10 6. Incurring Costs Prior to Award Project activities, including the procurement of good and services, which may include construction activities, carried out prior to EDA’s approval of this Award are done at the sole risk of the Recipient and at the risk of not being reimbursed by EDA. Such activity may result in the rejection of the Application, the disallowance of costs, or other adverse consequences as a result of noncompliance with EDA or Federal requirements, including but not limited to procurement requirements, civil rights requirements, Federal labor standards, or environmental and historic preservation requirements. The Grants Officer must authorize pre-award costs and activities in writing, and such costs must also be allowable under relevant Federal cost principles and the specific Award terms and be included in the EDA-approved budget. Pre-award costs not included in the authorized budget are not allowable and will not be reimbursed. See 13 CFR § 302.8 (“Pre-approval Investment Assistance costs”). 7. Program Income For Projects that generate revenue (e.g., rent for buildings or real property constructed or improved with EDA funds, rent or fees charged for use of equipment purchased with EDA funds, fees charged by the Recipient or a third party in connection with Project operations, etc.), the Recipient agrees, for the estimated useful life of the EDA-assisted facility or equipment, to use income generated from the facility or equipment, in the following order of priority unless modified by a specific award condition: a. Administration, operation, maintenance, and repair of Project facilities in a manner consistent with good property management practice and in accordance with established building codes. This includes, where applicable, repayment of indebtedness resulting from any EDA-approved encumbrance (e.g., approved mortgage) on the EDA-assisted facility. In the case of equipment, administration, operation, maintenance, and repair of the equipment, or the facility in which the equipment is located as required to maintain and operate the equipment, for the equipment’s estimated useful life. b. Economic development activities that are authorized for support by EDA, provided such activities meet the economic development purposes of PWEDA and are located within the designated Project region. c. Any program income in excess of paragraphs a. and b. of this section that is generated during the period of performance must be deducted from total allowable Project costs in accordance with 2 CFR § 200.307(e)(1). See also 2 CFR § 200.307 (“Program income”). 8. Information on Recipient integrity. The Recipient agrees to provide EDA with information and documentation necessary for EDA to conduct due diligence to ensure the financial integrity and responsibility of the Recipient and key individuals associated with the Recipient in the management or administration of this Award. B. Programmatic Requirements 1. Project Progress and Performance Reporting a. Project progress reports must be submitted in accordance with the procedures set out in 2 CFR § 200.329 (“Monitoring and reporting program performance”), as applicable, and as 11 indicated below. Failure to submit required reports in a complete, accurate, and timely manner may result in the withholding of payments under this Award; deferral of processing of new awards, amendments, or supplemental funding; or other appropriate enforcement action. See 13 CFR § 302.18 (“Post-approval requirements”) and section A.06 (Unsatisfactory Performance or Non-Compliance with Award Provisions) of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs. b. Unless otherwise specified in a specific award condition, the Project progress report must contain the following information for each Project program, function, or activity: i. A comparison of planned and actual accomplishments according to the timetable or list of Project objectives in this Award; ii. An explanation of any delays or failures to meet the Project timetable or Project goals; and iii. Any other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. Project progress reports must be submitted for each calendar quarter to the Project Officer. Each Project progress report must be submitted in accordance with the deadlines outlined in the specific award conditions, or, when not otherwise specified, Project progress reports will be due on a quarterly basis not later than January 31, April 30, July 31, and October 31 for the immediately previous quarter. The final Project progress report must be submitted to EDA no later than 120 calendar days after the end date of the period of performance. See Part II, section B.16.c “Project Closeout Procedures” of these EDA Construction STCs for more information on Project Closeout. c. The Recipient must submit quarterly Project progress reports to the EDA Project Officer electronically unless otherwise specified in the specific award conditions. 2. Time Extensions a. Unless otherwise authorized by a specific award condition, any extension of the period of performance can only be authorized by the Grants Officer in writing. b. The Recipient is responsible for implementing the Project in accordance with the development time schedule contained in this Award. As soon as the Recipient becomes aware that it may not be possible to meet the development time schedule, the Recipient must notify the Grants Officer. The Recipient’s notice to EDA must contain the following: i. An explanation of the Recipient’s inability to complete work by the specified date (e.g., a lengthy period of unusual weather delayed the contractor’s ability to excavate the site, major re-engineering required in order to obtain State or Federal approvals, unplanned environmental mitigation required); ii. A statement describing any other contemplated changes to the Project; iii. Documentation that demonstrates there is still a bona fide need for the Project; and iv. A statement that no further delay is anticipated and that the Project can be completed within the revised time schedule. 12 EDA reserves the right to withhold disbursements while the Recipient is not in compliance with the time schedule and to suspend or terminate this Award if the Recipient fails to proceed with reasonable diligence to accomplish the Project as intended. 3. Interim Reporting of Significant Project Developments The Recipient must promptly report any event that may have a significant impact upon the Project, including delays or adverse conditions that may materially affect the ability of the Recipient to attain Project objectives within established time periods or meet the development time schedule without waiting for the next quarterly progress report. The Recipient should report such events to the Project Officer in the most time-expedient way possible and then, if the initial report was not in writing, report the event to the Project Officer in writing. Such a report must include a statement of the event or issue, a statement of the course of action taken or contemplated to resolve the matter, and any Federal assistance needed to resolve the situation. If budget changes are required, the Recipient must submit a written budget revision request. See 2 CFR § 200.329(e) (“Monitoring and reporting program performance”) and Part II, section A.4. “Budget Revisions and Transfers of Funds” of these EDA Construction STCs. 4. Programmatic Changes a. In accordance with 2 CFR § 200.308 (“Revision of budget and program plans”), the Recipient must submit a written request for any proposed programmatic changes, including all changes to the scope of the Award, to the Project Officer. See Part II, section A.4 “Budget Revisions and Transfers of Funds” of these EDA Construction STCs for budget revisions that may require the prior written approval of EDA. In these cases, the Project Officer will forward the request to the Grants Officer, who makes the final decision on approving the request. In addition, the Recipient must request prior written approvals for certain items of cost in accordance with 2 CFR § 200.407 (“Prior written approval (prior approval)”). b. Any changes made to the Project without EDA’s approval are made at the Recipient’s own risk, and may result in disallowance of costs, suspension, termination, or other EDA action with respect to the Award. See 13 CFR § 302.7(b) (“Amendments and changes”). c. Contract Change Orders. After construction contracts for the Project have been executed, it may become necessary to alter them through a formal contract change order that must be issued by the Recipient and accepted by the contractor. All contract change orders must be reviewed by EDA, even if EDA is not participating in the cost of the change order or the contract price is to be reduced. Work on the Project may continue pending EDA review and approval of the change order, but all such work will be at the Recipient’s risk as to whether the cost of the work is eligible for EDA reimbursement. See 13 CFR § 305.13 (“Contract change orders”). 5. Government Performance and Results Act In addition to quarterly Project progress reports, EDA may require the Recipient to report on Project performance beyond the end date of the period of performance for Government Performance and Results Act (GPRA) or other purposes. In no case will the Recipient be required to submit any GPRA report more than ten years after the date of Award closeout. Data used by the Recipient in preparing reports must be accurate and, whenever possible, from independent sources. See 13 CFR § 302.16 (“Accountability”). 13 6. Beneficiary Compliance In the event a beneficiary of the Project fails to comply in any manner with certifications, assurances, or agreements that such beneficiary has entered into in accordance with EDA’s requirements, the Recipient will reimburse EDA the Award amount or an amount to be determined by the EDA pursuant to 13 CFR §§ 314.4 (“Unauthorized use of property”) and 314.5 (“Federal share”). When EDA determines that the failure of a beneficiary to comply with EDA requirements affects a portion of the property benefited by the Award, the Recipient will reimburse EDA proportionately. 7. Hold Harmless To the maximum extent permitted by law, the Recipient agrees to indemnify and hold the United States harmless from and against all liabilities that the United States may incur due to the actions or omissions of the Recipient, including to the extent that such liabilities are incurred because of toxic or hazardous contamination or groundwater, surface water, soil, or other conditions caused by actions of the Recipient or any of its predecessors (other than the United States or its agents) on the property. See 13 CFR § 302.19 (“Indemnification”). 8. Prohibition on Use of Third Parties to Secure Award Unless otherwise specified in the application materials supporting this Award, the Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this Award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach or violation of this warranty, EDA has the right to terminate this Award for material noncompliance, or at its discretion, to deduct from the Award amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Payment of Attorneys’ or Consultants’ Fees No Award funds may be used, directly or indirectly, to reimburse attorneys’ or consultants’ fees incurred in connection with obtaining an award under PWEDA, such as, for example, preparing an application for EDA assistance. However, ordinary and reasonable attorneys’ and consultants’ fees incurred for meeting Award requirements (e.g., conducting a title search or preparing plans and specifications) may be eligible Project costs and may be paid out of Award funds, provided such costs are otherwise eligible. See 13 CFR § 302.10 (“Attorneys’ and consultants’ fees, employment of expediters, and post-employment restriction”). 10. Recipient’s Duty to Refrain from Employing Certain Government Employees a. Pursuant to section 606(2) of PWEDA (42 U.S.C. § 3216), for the two-year period beginning on the date EDA executes this Award, any Recipient that is a nonprofit organization, District Organization, or for-profit entity agrees that it will not employ, offer any office or employment to, or retain for professional services any person who: i. On the date EDA executes this Award or within the one-year period ending on that date, served as an officer, attorney, agent, or employee of the Department, and ii. Occupied a position or engaged in activities that the Assistant Secretary determines 14 involved discretion with respect to the funding of an Award. b. In addition to the types of Recipients noted in paragraph a. above, EDA may require another Eligible Applicant to execute an agreement to abide by the above-described post-employment restriction on a case-by-case basis—for example, when an institution of higher education implements activities under or related to the Award through a separate nonprofit organization or association. c. The two-year period and associated restrictions referenced above also will apply beginning on the date that EDA executes any cost amendment to this Award that provides additional funds to the Recipient. See also 13 CFR § 302.10 (“Attorneys’ and consultants’ fees, employment of expediters, and post-employment restriction”). 11. Commencement of Construction a. Delayed construction starts. If significant construction (as determined by EDA) is not commenced within two years of the Award date or by the date estimated for start of construction in this Award (or the expiration of any extension granted in writing by EDA), whichever is later, this Award will be automatically suspended by a written notification issued by the Grants Officer and may be terminated if EDA determines, after consultation with the Recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. b. Early construction starts. The Recipient must make a written request to EDA for early construction start permission (that is, after the date of Award, but before EDA gives formal approval for construction to commence). Costs incurred under a contract are only allowable after EDA determines that the award of the contract is in compliance with all terms and conditions of the Award. If construction commences prior to EDA’s determination, the Recipient proceeds at its own risk until EDA’s review and concurrence. See 13 CFR § 305.11 (“Contract awards; early construction start”). 12. Project Sign and Use of EDA Logo a. Project sign. The Recipient is responsible for constructing, erecting, and maintaining in good condition throughout the construction period a sign (or signs) in a conspicuous place at the Project site indicating that the Federal Government is participating in the Project. EDA will provide specifications for the sign and may require more than one sign if site conditions so warrant. If the EDA-recommended sign specifications conflict with State or local law, the Recipient may modify such recommended specifications so as to comply with State or local law. See 13 CFR § 305.12 (“Project sign”). b. Use of EDA logo. With EDA’s prior written permission, the Recipient may use the EDA logo to publicize the Award as well as to amplify the impact of the Award. In such cases, the EDA logo may be displayed on Award-related materials that discuss or advertise the purpose or use of the Project (e.g. websites, social media, fliers, pamphlets, brochures). To seek permission to use the EDA logo, the Recipient must contact the EDA Project Officer and provide a written description of how the Recipient proposes to use the EDA logo. In general, 15 the EDA logo may be used either alone or next to Recipient’s logo. The EDA logo may not be used to endorse a third party as interpreted at EDA’s sole discretion. The Recipient must not use the EDA logo in a negative or defamatory manner, and the Recipient must not use the U.S. Department of Commerce (DOC) logo. EDA may rescind such permission at any time. 13. Efficient Administration of Project The Recipient agrees to properly and efficiently administer, operate, and maintain the Project for its estimated useful life, as required by section 504 of PWEDA (42 U.S.C. § 3194). If EDA determines at any time during the estimated useful life of the facility that the Project is not being properly and efficiently administered, operated, and maintained, EDA may terminate this Award (if it is still active) and/or may take appropriate enforcement action to protect the Federal Interest in the Project, including requiring the Recipient to repay the Federal Share. See 13 CFR §§ 302.12 (“Project administration, operation and maintenance”), 302.18 (“Post-approval requirements”), and 314.2 (“Federal Interest”) through 314.5 (“Federal Share”). 14. Conflicts-of-Interest Rules a. An “Interested Party” is defined in 13 CFR § 300.3 (“Definitions”) as “any officer, employee, or member of the board of directors or other governing board of the Recipient, including any other parties that advise, approve, recommend, or otherwise participate in the business decisions of the Recipient, such as agents, advisors, consultants, attorneys, accountants, or shareholders.” An Interested Party includes the Interested Party’s Immediate Family and other persons directly connected to the Interested Party by law or through a business organization. “Immediate Family” is defined in 13 CFR § 300.3 as “a person’s spouse (or domestic partner or significant other), parents, grandparents, siblings, children and grandchildren, but does not include distant relatives, such as cousins, unless the distant relative lives in the same household as the person.” b. The Recipient must disclose in writing any potential conflicts of interest to EDA or the pass-through entity as soon as practicable after the identification of such potential conflict. In addition, the Recipient must maintain written standards of conduct to establish safeguards to prohibit an Interested Party from using its position for a purpose that constitutes or presents the appearance of personal or organizational conflicts-of-interest or of personal gain in the administration of an award. See 13 CFR § 302.17(a) and (b) (“Conflicts of interest”), 2 CFR § 200.112 (“Conflict of interest”), as applicable, and assurances submitted as part of the Application, including assurances submitted through SAM.gov or via Form SF-424D (“Assurances – Construction Projects”). c. An Interested Party must not receive any direct or indirect financial or personal benefit in connection with this Award or its use for payment or reimbursement of costs by or to the Recipient. A conflict of interest generally exists when an Interested Party participates in a matter that has a direct and predictable effect on the Interested Party's personal or financial interests. A conflict also may exist where there is an appearance that an Interested Party's objectivity in performing his or her responsibilities under the Project is impaired. For example, an appearance of impairment of objectivity may result from an organizational conflict where, because of other activities or relationships with other persons or entities, an Interested Party is unable to render impartial assistance, services or advice to the Recipient, a participant in the Project or to the Federal government. Additionally, a conflict of interest 16 may result from non-financial gain to an Interested Party, such as benefit to reputation or prestige in a professional field. See 13 CFR § 302.17(a) and (b). d. Section F.01.c of the DOC Standard Terms and Conditions, which are incorporated as Part III of these EDA Construction STCs, specifies procurement-related conflicts of interest requirements. See also 2 CFR §§ 200.317-200.327 (“Procurement Standards”). 15. Records-Keeping Requirements a. Records. The Recipient must maintain records that document compliance with the terms and conditions of this Award. At a minimum, the Recipient’s records must fully disclose: i. The amount and disposition of all EDA funding under the Award; ii. All Project expenditures and procurement actions; iii. The total cost of the Project that the Award funds; iv. Copies of all reports and disbursement requests submitted to EDA; v. The benefits/impacts of the Project, as reported through GPRA and other reports to EDA; vi. The amount and nature of the portion of Project costs provided by non-EDA sources; vii. Contractor compliance with applicable Federal requirements; and viii.Such other records as EDA requires the Recipient to maintain, including such records as will facilitate an effective audit. b. Records retention. In general, and in accordance with 2 CFR § 200.334 (“Retention requirements for records”), all records pertinent to this Award must be retained for a period of three years from the date of submission of the final Project expenditure report (the final Form SF-271 for disbursement). The only exceptions are the following: i. If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final actions taken. ii. When the Recipient is notified in writing by EDA, its cognizant agency for either audit or indirect costs, its oversight agency for audit, or the relevant pass-through entity to extend the retention period, it must retain the records as directed. iii. Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition of the relevant real property or equipment. iv. When records are transferred to or maintained by EDA or pass-through entity, the three-year retention requirement is not applicable to the Recipient. v. Records for program income transactions after the period of performance. In some cases, Recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the Recipient’s fiscal year in which the program income is earned. See also Part II, section A.7 “Program Income” of these EDA Construction STCs. 17 vi. Indirect cost rate proposals and cost allocation plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the three-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the three-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. c. Monitoring and reporting obligations. The Recipient is responsible for monitoring any subrecipients and contractors to ensure their compliance with the records retention requirements. The Recipient must immediately notify the Project Officer if records are lost. See 2 CFR §§ 200.331 – 200.333 (“Subrecipient Monitoring and Management). 16. Termination Actions a. In accordance with 2 CFR § 200.340 (“Termination”), this Award may be terminated in whole or in part as follows: i. Termination by EDA for the Recipient’s failure to comply with the terms and conditions of the Award. EDA may terminate this Award, in whole or in part, if the Recipient fails to comply with the Terms and Conditions of the Award, including but not limited to: (1) Any representation made by the Recipient to the Federal awarding agency in connection with the Application for Federal assistance is incorrect or incomplete in any material respect; (2) The Project has changed substantially, without EDA prior approval, so as to affect significantly the accomplishment of the Project as intended (including an unauthorized use of property as provided in 13 CFR § 314.4 (“Unauthorized use of property”); (3) The Recipient has violated commitments it made in its Application and supporting documents or has violated any of the Terms and Conditions of the Award; (4) The conflicts-of-interest rules at 13 CFR § 302.17 (“Conflicts of interest”) are violated; or (5) The Recipient fails to report immediately to EDA any change of authorized representative acting in lieu of or on behalf of the Recipient. See also section A.06 (Unsatisfactory Performance or Non-Compliance with Award Provisions) of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs. 18 ii. Termination by EDA when the Award no longer effectuates program goals or agency priorities. To the greatest extent authorized by law, EDA may terminate this Award if it no longer effectuates program goals or agency priorities. iii. Termination by the Recipient. The Recipient may terminate this Award in whole or in part upon by sending the EDA Grants Officer written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if EDA determines in the case of partial termination that the reduced or modified portion of the EDA Award will not accomplish the purposes for which the EDA Award was made, EDA may terminate the Award in its entirety. iv. Termination pursuant to Award termination provisions. EDA or the pass-through entity may terminate this Award pursuant to termination provisions included in the Award. Any Award-specific termination provision will be included as a specific award condition. v. Termination upon mutual agreement. EDA and the Recipient may mutually agree to terminate this Award in whole or in part. In such cases, EDA and the Recipient must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. b. If the Award is wholly or partially terminated, the Recipient remains responsible for compliance with the requirements in 2 CFR §§ 200.344 (“Closeout”) and 200.345 (“Post-closeout adjustments and continuing responsibilities”). 17. Project Closeout Procedures a. Project Closeout. As defined at 2 CFR § 200.1, Project Closeout means the process by which EDA determines that all applicable administrative actions and all required work of the Award have been completed and takes actions as described at 2 CFR § 200.344 (“Closeout”). In the context of an EDA construction award, Project Closeout generally begins with the Recipient’s acceptance of the Project from the contractor(s). b. Final disbursement. When Project construction and final inspection have been completed, or substantially completed as determined by EDA, and the Recipient has accepted the Project from the contractor(s), the Recipient can begin the Closeout process by submitting the following documentation to EDA: i. A request for final disbursement on an executed Form SF-271; ii. A written certification that all costs charged against this Award (Federal and non-Federal shares) are for eligible activities and represent allowable costs, for which there is documentation in the Recipient’s records; iii. An executed certificate of final acceptance signed by the Recipient and the Recipient’s architect/engineer; iv. The Recipient’s certification that its current audit (in accordance with subpart F of 2 CFR part 200), if applicable, has been submitted to the Federal Audit Clearinghouse; 19 v. The Recipient’s certification that its currently valid single or program-specific audit in accordance with subpart F of 2 CFR part 200 (“Audit Requirements”), if applicable, does not contain any material findings (if the Recipient’s currently valid audit does contain material findings, the Recipient must submit the applicable audit preferably via e-mail to the Project Officer, who will review with the Grants Officer); and vi. Other documentation as may be required by EDA. EDA will advise the Recipient of costs determined to be allowable and unallowable. If a balance of this Award is due to the Recipient, the balance will be paid by EDA. If the Recipient has received an amount in excess of the amount due the Recipient, the Recipient must refund the excess to EDA. The Recipient must contact the Project Officer for refund instructions. As noted above, if the Recipient’s most recent audit completed pursuant to subpart F of 2 CFR part 200 contains material findings, the Recipient must submit the audit, preferably via e-mail, to the Project Officer, who will review with the Grants Officer before final disbursement. If e-mail is unavailable, the Recipient may submit a hardcopy version of the audit to the Project Officer. c. Final reporting deadline. The Recipient must submit, no later than 120 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the Terms and Conditions of this Award. The Grants Officer may extend the 120 calendar day submission period upon a written request from the Recipient. d. Deadline to liquidate obligations. Unless EDA authorizes an extension, the Recipient must liquidate all financial obligations incurred under this Award no later than 120 calendar days after the end date of the period of performance. e. Post-Closeout requirements. As noted above in section B.12 “Efficient Administration of Project” of these EDA Construction STCs, after construction is completed and the Project is closed out financially, the Recipient has an ongoing responsibility to properly administer, operate, and maintain the Project for its estimated useful life (as determined by EDA) in accordance with Award purposes. See 13 CFR § 302.12 (“Project administration, operation and maintenance”). The Recipient must comply with all Award requirements and maintain records to document such compliance, which must be made available for inspection by EDA or other Government officials as required. In addition, in accordance with 2 CFR § 200.345 “Post-closeout adjustments and continuing responsibilities,” the Closeout of this Award does not affect any of the following: i. The right of EDA to disallow costs and recover funds on the basis of a later audit or other Project review; ii. The Recipient’s obligation to return any funds due as a result of later corrections or other transactions; iii. Audit requirements per subpart F of 2 CFR part 200; and iv. Requirements for property management and disposition, records retention, and 20 performance measurement reports. See subpart D of 2 CFR part 200 (“Post Federal Award Requirements”), as applicable. f. GPRA reporting. As required under GPRA and in accordance with a schedule that will be provided by EDA, the Recipient must submit additional Performance Measurement Reports, generally three, six, and nine years after the date of the Award to accurately and completely report the impacts of the Project, especially in terms of job creation and private investment leveraging. 18. Freedom of Information Act EDA is responsible for meeting its Freedom of Information Act (“FOIA”) (5 U.S.C. § 552) responsibilities for its records. DOC regulations at 15 CFR part 4 set forth the requirements and procedures that EDA must follow in order to make the requested material, information, and records publicly available. Unless prohibited by law and to the extent required under the FOIA, contents of Applications and other information submitted by applicants and Recipients may be released in response to a FOIA request. The Recipient should be aware that EDA may make certain Application and other submitted information publicly available. Accordingly, as set forth in 15 CFR § 4.9 (“Confidential commercial information”), the Recipient should identify in its Application any “business information” it believes to be protected from disclosure pursuant to 5 U.S.C. § 552(b)(4). C. Additional Requirements Related to Construction Projects The Recipient and any subrecipients, must, in addition to other statutory and regulatory requirements detailed in these EDA Construction STCs and the assurances made to EDA in connection with the Award, comply and require each of its contractors and subcontractors employed in the completion of the Project to comply with all applicable Federal, State, territorial, and local laws, and in particular, the following Federal laws (and the regulations issued thereunder), executive orders, OMB circulars, OMB Uniform Guidance, and local law requirements. 1. The Davis-Bacon Act, as amended (40 U.S.C. §§ 3141–3144, 3146, 3147; 42 U.S.C. § 3212), which requires minimum wages for mechanics and laborers employed on Federal Government public works projects to be based on the wages that the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the Project is to be performed, or in the District of Columbia if the Project is to be performed there. 2. The Contract Work Hours and Safety Standards Act, as amended (40 U.S.C. §§ 3701-3708), which provides work hour standards for every laborer and mechanic employed by any contractor or subcontractor in the performance of a Federal public works project. 3. The National Historic Preservation Act of 1966, as amended (54 U.S.C. § 300101 et seq.), and the Advisory Council on Historic Preservation Guidelines (36 CFR part 800), which require stewardship of historic properties in projects involving Federal funds. 4. Preservation of Historical and Archeological Data (54 U.S.C. § 312502), which requires appropriate surveys and preservation efforts if a Federally licensed project may cause 21 irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data. 5. The Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151 et seq.), and the regulations issued thereunder, which prescribe standards for the design and construction of any building or facility intended to be accessible to the public or that may house handicapped employees. 6. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. § 4601 et seq.), and implementing regulations issued at 49 CFR part 24 (“Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs”), which establish uniform policies for the fair and equitable treatment of persons, businesses, or farm operations affected by the acquisition, rehabilitation, or demolition of real property acquired for a project financed wholly or in part with Federal financial assistance. 7. The Energy Conservation and Production Act (42 U.S.C. § 6834 et seq.), which establishes energy efficiency performance standards for the construction of new residential and commercial structures undertaken with Federal financial assistance. 8. Executive Order 13717, “Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction”, which requires that new buildings constructed with Federal assistance comply with the earthquake-resistant design provisions of the 2015 editions of the International Building Code (IBC) or the International Residential Code (IRC), nationally recognized building codes promulgated by the International Code Council (ICC), or equivalent codes, consistent with the provisions of and to the extent required by 40 U.S.C. § 3312. 9. Compliance with Local Construction Requirements. The Recipient will comply with current local building codes, standards, and other requirements applicable to the Project. D. Non-Discrimination Requirements No person in the United States shall, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. In addition to the non-discrimination requirements set forth in section G.02 “Non-Discrimination Requirements” of the DOC Standard Terms and Conditions, which are incorporated in Part III of these Construction STCs, the Recipient agrees to comply with Pub. L. No. 92-65, 42 U.S.C. § 3123, which proscribes discrimination on the basis of sex in assistance provided under PWEDA. E. Audits 1. General a. Recipients must comply with the audit requirements set out as subpart F to 2 CFR part 200 (“Audit Requirements”). Generally, if the Recipient expends $750,000 or more in Federal awards during the Recipient’s fiscal year, the Recipient must have a single or program-specific audit conducted for that fiscal year. The cost of preparing the audit may be 22 included in the Project budget. b. For program specific audits, EDA’s Public Works and Economic Adjustment Assistance programs generally have specific audit guidelines that will be incorporated into the Award and may be found in the annual Compliance Supplement, which is Appendix XI to 2 CFR part 200 and available on OMB’s website. When DOC does not have a program-specific audit guide available for the program, the auditor will follow the requirements for a program-specific audit as described in 2 CFR § 200.507 (“Program-specific audits”). 2. Requirement to Submit a Copy of the Audit to EDA If the Recipient’s current audit required under subpart F of 2 CFR part 200 (“Audit Requirements”) contains material findings, the Recipient must submit a copy of the audit to the Project Officer, who will review it with the Grants Officer. See also Part II, section B.16 “Project Closeout Procedures” of these EDA Construction STCs. See section D “Audits” of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs, for additional information related to audit requirements. F. Tribal Employment Rights Ordinances As set out in 31 U.S.C. § 1352, special provisions are applicable to Indian Tribes, Tribal organizations, and other Indian organizations eligible to receive Federal contracts, grants, loans, or cooperative agreements. In accordance with DOC policy, EDA recognizes Tribal Employment Rights Ordinances (“TEROs”), which may provide for preferences in contracting and employment, in connection with its financial assistance awards. Federal awards granted to American Indian and Alaska Native Tribal governments generally may provide for preference to qualified Indians in all aspects of employment, contracting, and other business activities, as well as the payment of a TERO fee. The payment of the TERO fee, which supports the Tribal employment rights office to administer the preferences, should generally be allowable as an expense that is “necessary and reasonable for the performance of the Federal award,” as provided under 2 CFR § 200.403 (“Factors affecting allowability of costs”). G. EDA Contracting Provisions for Construction Projects The Recipient must use the “EDA Contracting Provisions for Construction Projects” as guidance in developing all construction contracts. The “EDA Contracting Provisions for Construction Projects” lists applicable EDA and other Federal requirements for construction contracts. H. Property 1. Standards With respect to any property acquired or improved in whole or in part with Award funds, the Recipient must comply with the Property Standards set forth at 2 CFR §§ 200.310 (“Insurance coverage”) through 200.316 (“Property trust relationship”), and EDA’s regulations at 13 CFR part 314. Property acquired or improved in whole or in part by the Recipient under this Award may consist of real property; personal property, including equipment and supplies; and intangible property, such as money, notes, contractual rights, and security interests. Any property reports required under 2 CFR §§ 200.310 through 200.316, such as periodic inventories and requests for disposition instructions, must be submitted to the Grants Officer through the Project Officer on 23 Form SF-428 and/or SF-429, as applicable. See also section A.01.d “Real Property, Tangible Property and Intangible Property Reports and Requests for Dispositions” of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs. 2. Title a. Title to equipment, supplies, and intangible property acquired in whole or in part under this Award generally vests upon acquisition in the Recipient. The use, management and disposition of equipment, supplies, and intangible property acquired in whole or in part under this Award must be in accordance with 2 CFR §§ 200.313 (“Equipment”), 200.314 (“Supplies”), and 200.315 (“Intangible property”), as applicable, and EDA regulations at 13 CFR part 314. See also section C.03 “Intellectual Property Rights” of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs. b. Title to real property acquired in whole or in part under this Award generally vests upon acquisition in the Recipient, subject to the condition that the Recipient uses the real property for the authorized purpose of the Project. See 2 CFR § 200.311 (“Real property”) and EDA regulations at 13 CFR part 314. 3. EDA’s Interest in Award Property a. General - evidence of title. As stated in Part I, section E, of these EDA Construction STCs “Recipient as Trustee”, real property, equipment, and intangible property acquired or improved under this Award must be held in trust by the Recipient as trustee for the public purposes of an Award. This trust relationship exists throughout the duration of the property’s estimated useful life, as determined by EDA, during which time EDA retains an undivided, equitable reversionary interest in the property (“Federal Interest”). See 13 CFR § 314.2. Before advertising for construction bids or at such other time as EDA requires, the Recipient must furnish evidence, satisfactory in form and substance to EDA, that title to real property required for the Project (other than property of the United States and as provided in 13 CFR § 314.7(c) (“Title”)) is vested in the Recipient and that such easements, rights-of-way, State or local government occupancy or use permits, long-term leases, or other property interests or access rights required for the Project have been or will be obtained by the Recipient within an acceptable time, as determined by EDA. All liens, mortgages, other encumbrances, reservations, reversionary interests, or other restrictions on title or the Recipient’s interest in the property must be disclosed to EDA. See 13 CFR § 314.7 (“Title”). With limited exceptions set forth at 13 CFR §§ 314.6(a) and (b) (“Encumbrances”) or as otherwise authorized by EDA, Recipient-owned property acquired or improved in whole or in part with Award funds must not be used to secure a mortgage or deed of trust or in any way otherwise encumbered. See 13 CFR § 314.6. b. Recording EDA’s Interest in Real Property. i. For all Projects involving the acquisition, construction, or improvement of a building, infrastructure, or other real property, as determined by EDA, the Recipient must execute and furnish to EDA, prior to initial Award disbursement or at such other time as EDA requires, a lien, covenant, or other statement, satisfactory to EDA in form and substance, of EDA’s interest in the property acquired or improved in whole or in part with the funds made available under this Award. EDA may permit such statement to be recorded after 24 initial Award disbursement in the event that grant funds are being used to acquire such property or for authorized costs, such as design and engineering services. The statement must specify the estimated useful life of the Project and must include the disposition, encumbrance, and the Federal Share compensation requirements, as well as any other requirements specified by EDA in its reasonable discretion. See 13 CFR §§ 314.1 (“Definitions”) and 314.8(a) (“Recorded statement for real property”). See also 2 CFR § 200.316 (“Property trust relationship”). ii. This lien, covenant, or other statement of the Federal interest must be perfected and placed of record in the real property records of the jurisdiction in which the property is located, all in accordance with applicable law. EDA may require an opinion of counsel for the Recipient to substantiate that the document was validly executed and properly recorded. See 13 CFR § 314.8(b). iii. Facilities in which the EDA assistance is only a small part of a larger project, as determined by EDA, may be exempted from the requirements listed in paragraphs H.3.b.i and ii above. See 13 CFR § 314.8(c). iv. In extraordinary circumstances and at EDA’s discretion, EDA may choose to accept another instrument to protect EDA’s interest in the Project property, such as an escrow agreement or letter of credit, provided that EDA determines such instrument is adequate and a recorded statement in accord with section H.3.b.i above is not reasonably available. The terms and provisions of the relevant instrument must be satisfactory to EDA. The costs and fees for escrow services or letters of credit must be paid by the Recipient. See 13 CFR § 314.8(d). c. Recording EDA’s Interest in Personal Property. For all Projects involving the acquisition or improvement of significant items of equipment or other tangible personal property, including but not limited to watercraft, motor vehicles, machinery, equipment, removable fixtures, or structural components of buildings, the Recipient must execute a security interest, covenant, or other statement of EDA’s reversionary interest in the personal property acceptable in form and substance to EDA, which statement must be perfected and placed of record in accordance with applicable law (usually accomplished by filing a Uniform Commercial Code Financing Statement (Form UCC-1), as provided by State law), with continuances re-filed as appropriate. EDA may require an opinion of counsel for the Recipient to substantiate that the Form UCC-1 or other filing was validly executed and properly recorded. See 13 CFR § 314.9 (“Recorded statement for Project personal property”). d. EDA’s Interest and the estimated useful life. The Recipient acknowledges that EDA retains an undivided equitable reversionary interest in property acquired or improved in whole or in part with grant funds made available through this Award throughout the estimated useful life (as determined by EDA) of the Project, except in applicable instances set forth at 13 CFR § 314.7(c) (“Title”). See 13 CFR § 314.2(a) (“Federal interest”). e. Unauthorized Use of Award Property. The Recipient agrees that if any interest in property acquired or improved in whole or in part with Award funds is disposed of, encumbered, or alienated in any manner, or no longer used for the authorized purposes of the Award during the Project’s estimated useful life without EDA’s written approval, EDA will be entitled to recover the Federal Share, as defined at 13 CFR § 314.5 (“Federal share”). Examples of 25 alienation of Award property include sale or other conveyance of the Recipient’s interest, leasing or mortgaging the property, or granting an option for any of the foregoing. If, during the Project’s estimated useful life, the property is no longer needed for the purposes of the Award, as determined by EDA, EDA may permit its use for other acceptable purposes consistent with those authorized by PWEDA and 13 CFR Chapter III. See 13 CFR § 314.3(b) (“Authorized use of property”) or may direct the Recipient to sell the property and remit the Federal Share of the sales proceeds to EDA. See 2 C.F.R. §§ 200.311, 200.313. f. Calculating the Federal Share. For purposes of any lien or security interest, the amount of the Federal Share is the portion of the current fair market value of any property (after deducting any actual and reasonable selling and repair expenses incurred to put the property into marketable condition) attributable to EDA’s participation in the Project. See 13 CFR § 314.5 (“Federal share”). 4. Insurance and Bonding a. Insurance. The Recipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided for property owned by the Recipient. Federally owned property need not be otherwise insured unless required by the Terms and Conditions of the Award. See 2 CFR § 200.310 (“Insurance coverage”). b. Bonding. If the Award exceeds the simplified acquisition threshold as defined at 2 CFR § 200.1, EDA may accept the Recipient’s or subrecipient’s bonding policy and requirements if EDA or the pass-through entity determines that the Federal Interest is adequately protected. If not, the following minimum requirements will apply: i. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. ii. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract. iii. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to ensure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. See 2 CFR § 200.326 (“Bonding requirements”). 5. Leasing Restrictions. Leasing or renting of facilities or property is prohibited unless specifically authorized by EDA. The Recipient agrees that any leasing or renting of any facilities or property involved in this Project will be subject to the following: a. That said lease arrangement is consistent with the authorized general and special purpose of 26 the Award; b. That said lease arrangement is for adequate consideration; c. That said lease arrangement is consistent with applicable EDA requirements concerning but not limited to nondiscrimination and environmental compliance; and d. That all revenue derived from said leasing arrangement shall be subject to Part II, section A.7 “Program Income” of these EDA Construction STCs. 6. Eminent Domain The Recipient will use funds solely for the authorized purpose of the Project. Pursuant to Executive Order 13406, “Protecting the Property Rights of the American People,” the Recipient agrees: a. Not to exercise any power of eminent domain available to the Recipient (including the commencement of eminent domain proceedings) for use in connection with the Project for the purpose of advancing the economic interests of private parties; and b. Not to accept title to land, easements, or other interests in land acquired by the exercise of any power of eminent domain for use in connection with the Project for such purposes. The Recipient agrees that any use of the power of eminent domain to acquire land, easements, or interests in land, whether by the Recipient or any other entity that has the power of eminent domain, in connection with the Project without the prior written consent of EDA is an unauthorized use of the Project. If the Recipient puts the Project to an unauthorized use, the Recipient must compensate EDA for the Federal Share in accordance with 13 CFR §§ 314.4 (“Unauthorized use of property”) and 314.5 (“Federal share”), as the same may be amended from time to time. 7. Disposal of Real Property a. During the estimated useful life of the Project, if EDA and the Recipient determine that property acquired or improved in whole or in part with Award funds is no longer needed for the original purposes of this Award, EDA may, in its discretion, approve use of the property in other Federal grant programs or in programs that have purposes consistent with those authorized by PWEDA and 13 CFR chapter III. See 13 CFR § 314.3(b) (“Authorized use of property”). b. When property is not authorized for other uses as provided in section H.7.a above, EDA will provide disposition instructions to the Recipient, which may include directing the Recipient to sell the property and remit the Federal Share of the sales proceeds to EDA. 8. Reporting on Property. a. Real Property status reports and requests for disposition. In accordance with 2 CFR § 200.330 “Reporting on real property”, the Recipient must submit reports using Form SF-429 (Real Property Status Report), including appropriate attachments, at least annually on the status of real property in which EDA retains an interest, which generally includes real property acquired or improved under the award, unless such interest extends 15 years or longer. If EDA’s interest is for a period of 15 years or longer, unless otherwise specified in a specific award condition, the Recipient must submit an annual report for the 27 first three years of the award and thereafter submit a real property status report every five years. If the Recipient wishes to dispose of real property acquired or improved under an EDA award, the Recipient must request disposition instructions, including the submission of Form SF-429, with appropriate attachments, from the Grants Officer in accordance with 2 CFR 200.311(c). b. Tangible Personal Property status reports and requests for dispositions. The Recipient must submit periodic reports as specified in the terms of the Award using Form SF-428 (Tangible Personal Property Report), including appropriate attachments thereto, concerning tangible personal property that is Federally owned or tangible personal property in which EDA retains an interest. In addition, if the Recipient wishes to dispose of tangible personal property acquired or improved under an EDA award, the Recipient must request disposition instructions, including the submission of Form SF-428, with appropriate attachments, from the Grants Officer in accordance with 2 CFR 200.313(e). See also section A.01.d of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs. I. Environmental Requirements 1. General. In addition to the environmental statutes, executive orders, and requirements set forth in section G.04 of the DOC Standard Terms and Conditions “Environmental Requirements,” which are incorporated in Part III of these EDA Construction STCs, the Recipient must comply with the following: a. Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. §§ 4371-4375). Federally supported public works facilities and activities that affect the environment must be implemented in compliance with policies established under existing law. b. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4821 et seq.). Use of lead-based paint in residential structures improved with Federal assistance is prohibited. c. The Farmland Protection Policy Act (7 U.S.C. §§ 4201–4209). Projects are subject to review under this Act if they may irreversibly directly or indirectly convert farmland, including forest land, pastureland, cropland, or other land, to nonagricultural use. d. The Noise Control Act of 1972 (42 U.S.C. § 4901 et seq.). Federally supported facilities and activities must comply with Federal, State, interstate, and local requirements respecting control and abatement of environmental noise to the same extent that any person is subject to such requirements. e. The Native American Graves Protection and Repatriation Act (25 U.S.C. § 3001 et seq.). This Act provides a process for returning certain Native American cultural items to lineal descendants, culturally affiliated Indian tribes, and Native Hawaiian organizations. 2. Compliance with Other Applicable Environmental Requirements The Recipient agrees to promptly notify the Grants Officer in writing of any environmental requirement or restriction, regulatory or otherwise, with which it must comply. Before Project Closeout and final disbursement of Award funds, the Recipient further agrees to provide evidence 28 satisfactory to the Grants Officer that any required environmental remediation has been completed: (1) in compliance with all applicable Federal, State and local regulations; and (2) in accordance with any legally enforceable restrictions related to environmental restriction on the property such as environmental easements, deed restrictions, no further action determinations, or voluntary cleanup certifications. Compliance with said laws or restrictions must be included in any contract documents for Project construction. The Recipient must certify compliance before final disbursement of grant funds. J. American-Made Equipment and Products Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided under this Award. See also section G.05.a (Buy-American Preferences) of the DOC Standard Terms and Conditions, which are incorporated in Part III of these EDA Construction STCs. 29 PART III: DEPARTMENT OF COMMERCE STANDARD TERMS & CONDITIONS The DOC Standard Terms and Conditions dated November 12, 2020 are incorporated herein by reference herein as Part III of these EDA Construction STCs. In the event of a conflict between Parts I or II of these EDA Construction STCs and Part III, which incorporates the DOC Standard Terms and Conditions, Parts I and II will control. 12 November 2020 DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS 1 | 12 November 2020 DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS Table of Contents PREFACE ....................................................................................................................................... 5 A. PROGRAMMATIC REQUIREMENTS ................................................................................ 6 .01 Reporting Requirements .................................................................................................. 6 .02 Revisions of Program Plans ............................................................................................. 8 .03 Other Federal Awards with Similar Programmatic Activities ......................................... 9 .04 Prohibition against Assignment by a Non-Federal Entity ............................................... 9 .05 Disclaimer Provisions ...................................................................................................... 9 .06 Unsatisfactory Performance or Non-Compliance with Award Provisions ...................... 9 B. FINANCIAL REQUIREMENTS .......................................................................................... 10 .01 Financial Management ................................................................................................... 10 .02 Award Payments ............................................................................................................ 10 .03 Federal and Non-Federal Sharing .................................................................................. 12 .04 Budget Changes and Transfer of Funds among Categories ........................................... 12 .05 Program Income ............................................................................................................. 13 .06 Indirect or Facilities and Administrative Costs ............................................................. 13 .07 Incurring Costs or Obligating Federal Funds Before and After the Period of Performance ................................................................................................................... 15 .08 Tax Refunds ................................................................................................................... 16 .09 Internal Controls ............................................................................................................ 16 C. PROPERTY STANDARDS .................................................................................................. 16 .01 Standards ........................................................................................................................ 16 .02 Real and Personal Property ............................................................................................ 16 .03 Intellectual Property Rights ........................................................................................... 17 D. AUDITS ................................................................................................................................ 19 .01 Organization-Wide, Program-Specific, and Project Audits ........................................... 19 .02 Audit Resolution Process ............................................................................................... 20 E. DEBTS .................................................................................................................................. 21 .01 Payment of Debts Owed to the Federal Government .................................................... 21 .02 Late Payment Charges ................................................................................................... 21 .03 Barring Delinquent Federal Debtors from Obtaining Federal Loans or Loan Insurance Guarantees ...................................................................................................................... 22 2 | 12 November 2020 .04 Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs ........... 22 F. CONFLICT OF INTEREST, CODE OF CONDUCT AND OTHER REQUIREMENTS PERTAINING TO DOC FINANCIAL ASSISTANCE AWARDS, INCLUDING SUBAWARD AND PROCUREMENT ACTIONS ............................................................. 22 .01 Conflict of Interest and Code of Conduct ...................................................................... 22 .02 Nonprocurement Debarment and Suspension ................................................................ 23 .03 Requirements for Subawards ......................................................................................... 23 .04 Requirements for Procurements ..................................................................................... 23 .05 Whistleblower Protections ............................................................................................. 24 .06 Small Businesses, Minority Business Enterprises and Women’s Business Enterprises 24 G. NATIONAL POLICY REQUIREMENTS ........................................................................... 25 .01 United States Laws and Regulations .............................................................................. 25 .02 Non-Discrimination Requirements ................................................................................ 25 a. Statutory Provisions ....................................................................................................... 25 b. Other Provisions............................................................................................................. 26 c. Title VII Exemption for Religious Organizations ......................................................... 27 .03 LOBBYING RESTRICTIONS ...................................................................................... 27 a. Statutory Provisions ....................................................................................................... 27 b. Disclosure of Lobbying Activities ................................................................................. 27 .04 Environmental Requirements......................................................................................... 27 a. The National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.) ........................... 28 b. The National Historic Preservation Act (16 U.S.C. §§ 470 et seq.) .............................. 28 c. Executive Order 11988 (Floodplain Management) and Executive Order 11990 (Protection of Wetlands) ................................................................................................ 29 d. Clean Air Act (42 U.S.C. §§ 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) (Clean Water Act), and Executive Order 11738 (“Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans”) ............................................................... 29 e. The Flood Disaster Protection Act (42 U.S.C. §§ 4002 et seq.) .................................... 29 f. The Endangered Species Act (16 U.S.C. §§ 1531 et seq.) ............................................. 29 g. The Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.) .................................. 29 h. The Coastal Barriers Resources Act (16 U.S.C. §§ 3501 et seq.) .................................. 30 i. The Wild and Scenic Rivers Act (16 U.S.C. §§ 1271 et seq.) ....................................... 30 j. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. §§ 300f et seq.) ......... 30 k. The Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.) ................. 30 3 | 12 November 2020 l. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund) (42 U.S.C. §§ 9601 et seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note et seq.) 30 m. Executive Order 12898 (“Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations”) .................................................. 30 n. The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.) ............................................................................................................................ 30 o. Clean Water Act (CWA) Section 404 (33 U.S.C. § 1344) ............................................ 31 p. Rivers and Harbors Act (33 U.S.C. § 407) .................................................................... 31 q. The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712), Bald and Golden Eagle Protection Act (16 U.S.C. § 668 et seq.), and Executive Order 13186 (Responsibilities of Federal Agencies to Protect Migratory Birds, January 10, 2001) ............................. 31 r. Executive Order 13112 (Invasive Species, February 3, 1999) ...................................... 31 s. Fish and Wildlife Coordination Act (16 U.S.C. § 661 et seq.) ...................................... 31 .05 OTHER NATIONAL POLICY REQUIREMENTS ..................................................... 32 a. Buy-American Preferences ............................................................................................ 32 b. Criminal and Prohibited Activities ................................................................................ 32 c. Drug-Free Workplace .................................................................................................... 33 d. Foreign Travel ................................................................................................................ 33 e. Increasing Seat Belt Use in the United States ................................................................ 34 f. Federal Employee Expenses and Subawards or Contracts Issued to Federal Employees or Agencies .......................................................................................................................... 34 g. Minority Serving Institutions Initiative ......................................................................... 34 h. Research Misconduct ..................................................................................................... 35 i. Research Involving Human Subjects ............................................................................. 35 j. Care and Use of Live Vertebrate Animals ..................................................................... 36 k. Management and Access to Data and Publications ....................................................... 37 l. Homeland Security Presidential Directive ..................................................................... 38 m. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations ........................................................................................... 38 n. The Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7104(g)), as amended, and the implementing regulations at 2 C.F.R. Part 175 ................................................. 40 o. The Federal Funding Accountability and Transparency Act (FFATA) (31 U.S.C. § 6101 note) ...................................................................................................................... 42 p. Recipient Integrity and Performance Matters (Appendix XII to 2 C.F.R. Part 200) ..... 47 q. Never Contract with the Enemy (2 C.F.R Part 183; 2 C.F.R. § 200.215) ..................... 49 4 | 12 November 2020 r. Prohibition on certain telecommunications and video surveillance services or equipment (Public Law 115-232, section 889; 2 C.F.R. ⸹ 200.216) ............................. 50 s. Federal Financial Assistance Planning During a Funding Hiatus or Government Shutdown ....................................................................................................................... 51 5 | 12 November 2020 PREFACE This document sets out the standard terms and conditions (ST&Cs) applicable to this U.S. Department of Commerce (DOC or Commerce) financial assistance award (hereinafter referred to as the DOC ST&Cs or Standard Terms). A non-Federal entity1 receiving a DOC financial assistance award must, in addition to the assurances made as part of the application, comply and require each of its subrecipients, contractors, and subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders (E.O.s), Office of Management and Budget (OMB) circulars, provisions of the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (codified at 2 C.F.R. Part 200) (OMB Uniform Guidance), provisions of these Standard Terms, and any other terms and conditions incorporated into this DOC financial assistance award. In addition, unless otherwise provided by the terms and conditions of this DOC financial assistance award, Subparts A through E of 2 C.F.R. Part 200 and the Standard Terms are applicable to for-profit entities, foreign public entities and to foreign organizations that carry out a DOC financial assistance award.2 This award is subject to the laws and regulations of the United States. Any inconsistency or conflict in terms and conditions specified in the award will be resolved according to the following order of precedence: federal laws and regulations, applicable notices published in the Federal Register, E.O.s, OMB circulars, DOC ST&Cs, agency standard award conditions (if any), and specific award conditions. A specific award condition may amend or take precedence over a Standard Term on a case-by-case basis, when indicated by the specific award condition. Some of the Standard Terms herein contain, by reference or substance, a summary of the pertinent statutes, regulations published in the Federal Register or Code of Federal Regulations (C.F.R.), E.O.s, OMB circulars, or the certifications and assurances provided by applicants through Standard Forms (e.g., SF-424s) or through DOC forms (e.g. Form CD-511). To the extent that it is a summary, such Standard Term provision is not in derogation of, or an amendment to, any such statute, regulation, E.O., OMB circular, certification, or assurance. 1 Note that the OMB Uniform Guidance uses the term “non-Federal entity” to generally refer to an entity that carries out a Federal award as a recipient or subrecipient. Because some of the provisions of these DOC ST&Cs apply to recipients rather than subrecipients, or vice versa, for clarity, these DOC ST&Cs use the terms “non-Federal entity,” “recipient,” and “subrecipient” consistent with their meanings in the OMB Uniform Guidance. In addition, the OMB Uniform Guidance uses the term “pass-through entity” to refer to a non-Federal entity that makes a subaward. As defined at 2 C.F.R. § 200.1: “Non-Federal entity” is “a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.” “Recipient” is “an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from a Federal awarding agency. The term recipient does not include subrecipients or individuals that are beneficiaries of the award.” “Subrecipient” is “an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.” “Pass-through entity” is “a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.” 2 See 2 C.F.R. § 200.1 for the definitions of “foreign public entity” and “foreign organization.” 6 | 12 November 2020 DOC commenced implementation of the Research Terms and Conditions (RT&Cs) for Federal awards effective October 1, 2017; the RT&Cs address and implement the Uniform Guidance issued by OMB. For awards designated on the Form CD-450 (Financial Assistance Award) as Research, both the DOC ST&Cs and the RT&Cs as implemented by DOC apply to the award. The RT&Cs as well as the DOC implementation statement, agency specific requirements, prior approval matrix, subaward requirements, and national policy requirements are posted on the National Science Foundation’s website – https://www.nsf.gov/awards/managing/rtc.jsp. The DOC ST&Cs and the RT&Cs are generally intended to harmonize with each other; however, where the DOC ST&Cs and the RT&Cs differ in a Research award, the RT&Cs prevail, unless otherwise indicated in a specific award condition. A. PROGRAMMATIC REQUIREMENTS .01 Reporting Requirements a. Recipients must submit all reports as required by DOC, electronically or, if unable to submit electronically, in hard copy, as outlined below and as may be supplemented by the terms and conditions of a specific DOC award. b. Performance (Technical) Reports. Recipients must submit performance (technical) reports to the Program Officer. Performance (technical) reports should be submitted in the same frequency as the Form SF-425 (Federal Financial Report), unless otherwise directed by the Grants Officer. 1. Performance (technical) reports must contain the information prescribed in 2 C.F.R. § 200.329 (Monitoring and reporting program performance), unless otherwise specified in the award conditions. 2. As appropriate and in accordance with the format provided by the Program Officer (or other OMB-approved information collections, including the Research Program Performance Report [RPPR] as adopted by DOC for use in research awards), recipients are required to relate financial data to the performance accomplishments of this Federal award. When applicable, recipients must also provide cost information to demonstrate cost effective practices (e.g., through unit cost data). The recipient’s performance will be measured in a way that will help DOC to improve program outcomes, share lessons learned, and spread the adoption of best or promising practices. As described in 2 C.F.R. § 200.211 (Information contained in a Federal award), DOC will identify the timing and scope of expected performance by the recipient as related to the outcomes intended to be achieved by the Federal program. 3. Recipients (or pass-through entities as applicable) must submit a final performance report within 120 calendar days after the expiration of the period of performance. The subrecipient is required to submit its final performance report to the pass-through entity within 90 calendar days unless an extension has been granted. 7 | 12 November 2020 c. Financial Reports. In accordance with 2 C.F.R. § 200.328 (Financial reporting), the recipient must submit a Form SF-425 (Federal Financial Report) or any successor form on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof, unless otherwise specified in a specific award condition. Reports must be submitted to DOC as directed by the Grants Officer, in accordance with the award conditions and are due no later than 30 calendar days following the end of each reporting period. Recipients (or pass-through entities as applicable) must submit a final Form SF-425 within 120 calendar days after the expiration of the period of performance. The subrecipient is required to submit its financial report to the pass-through entity within 90 calendar days unless an extension has been granted. A recipient may submit a final financial report in lieu of an interim financial report due at the end of the period of performance (e.g., in lieu of submitting a financial report for the last semi-annual or other reporting under an award, a recipient may submit a final (cumulative) financial report covering the entire award period). d. Real Property, Tangible Personal Property and Intangible Property Reports and Requests for Dispositions. Unless otherwise required by the terms and conditions of a DOC financial assistance award, where real property, tangible personal property or intangible property is acquired or improved (in the case of real property or tangible personal property), or produced or acquired (in the case of intangible property), pursuant to a DOC award, non-Federal entities are required to submit the following real property, tangible personal property and intangible property reports (as appropriate): 1. Real Property Status Reports and Requests for Dispositions: Non-Federal entities must submit reports using Form SF-429 (Real Property Status Report) or any successor form, including appropriate attachments thereto, at least annually disclosing the status of real property that is Federally-owned property or real property in which the Federal Government retains a Federal Interest, unless the Federal Interest in the real property extends 15 years or longer. In cases where the Federal Interest attached is for a period of 15 years or more, the DOC or pass-through entity, at its option, may require the non-Federal entity to report at various multi-year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or, the DOC or pass-through entity may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years). In addition, DOC or a pass-through entity may require a non-Federal entity to submit Form SF-429, with appropriate attachments, relating to a non-Federal entity’s request to acquire, improve or contribute real property under a DOC financial assistance award. Non-Federal entities wishing to dispose of real property acquired or improved, in whole or in part, pursuant to a DOC award must request disposition instructions, including the submission of Form SF-429, with appropriate attachments, from the Grants Officer in accordance with the requirements set forth in 2 C.F.R. § 200.311(c). See also the real property standards set forth in Section C. of these Standard Terms (Property Standards). 2. Tangible Personal Property Status Reports and Requests for Dispositions: DOC or a pass-through entity may also require a non-Federal entity to submit periodic reports using Form SF-428 (Tangible Personal Property Report) or any successor form, including appropriate attachments thereto, concerning tangible personal property that is Federally- owned or tangible personal property in which the Federal Government retains an interest. In 8 | 12 November 2020 addition, DOC or a pass-through entity may require a non-Federal entity to submit Form SF- 428 in connection with a non-Federal entity’s request to dispose of tangible personal property acquired under a DOC financial assistance award. Non-Federal entities wishing to dispose of tangible personal property acquired or improved, in whole or in part, pursuant to a DOC award must request disposition instructions, including the submission of Form SF-428, with appropriate attachments, from the Grants Officer in accordance with the requirements set forth in 2 C.F.R. § 200.313(e). See also the tangible property standards set forth in Section C. of these Standard Terms (Property Standards). 3. Intangible Property Status Reports and Requests for Dispositions: The specific requirements governing the development, reporting, and disposition of rights to intangible property, including inventions and patents resulting from DOC awards, are set forth in 37 C.F.R. Part 401, which is hereby incorporated by reference into this award. Non-Federal entities are required to submit their disclosures, elections, and requests for waiver from any requirement for substantial U.S. manufacture, electronically using the Interagency Edison extramural invention reporting system (iEdison) at www.iedison.gov. Non-Federal entities may obtain a waiver of this electronic submission requirement by providing to the Grants Officer compelling reasons for allowing the submission of paper reports. When no longer needed for the originally authorized purpose, disposition of the intangible property must occur in accordance with the provisions in 2 C.F.R. § 200.313(e). See also the intangible property standards set forth in Section C. of these Standard Terms (Property Standards). e. Subawards and Executive Compensation Reports. For reporting requirements on subawards and Executive Compensation, see paragraph G.05.o of these Standard Terms (The Federal Funding Accountability and Transparency Act (FFATA) (31 U.S.C. § 6101 note)). f. Recipient Integrity and Performance Matters. For reporting requirements pertaining to integrity and performance matters, see paragraph G.05.p of these Standard Terms (Recipient Integrity and Performance Matters (Appendix XII to 2 C.F.R. Part 200)). g. Research Performance Progress Reports. All research awards shall submit the Research Performance Progress Report (RPPR) in accordance with instructions set forth in the following link: RPPR Instructions. .02 Revisions of Program Plans In accordance with 2 C.F.R. § 200.308 (Revision of budget and program plans) and 2 C.F.R. § 200.407 (Prior written approval (prior approval)), the recipient must obtain prior written approval from the DOC Grants Officer for certain proposed programmatic change requests, unless otherwise provided by the terms and conditions of a DOC award. Requests for prior approval for changes to program plans must be submitted to the Federal Program Officer (or electronically for awards administered through Grants Online). Requests requiring prior DOC approval are not effective unless and until approved in writing by the DOC Grants Officer. 9 | 12 November 2020 .03 Other Federal Awards with Similar Programmatic Activities The recipient must immediately provide written notification to the DOC Program Officer and the DOC Grants Officer if, subsequent to receipt of the DOC award, other financial assistance is received to support or fund any portion of the scope of work incorporated into the DOC award. DOC will not pay for costs that are funded by other sources. .04 Prohibition against Assignment by a Non-Federal Entity A non-Federal entity must not transfer, pledge, mortgage, assign, encumber or hypothecate a DOC financial assistance award or subaward, or any rights to, interests therein or claims arising thereunder, to any party or parties, including but not limited to banks, trust companies, other financing or financial institutions, or any other public or private organizations or individuals without the express prior written approval of the DOC Grants Officer or the pass-through entity (which, in turn, may need to obtain prior approval from the DOC Grants Officer). .05 Disclaimer Provisions a. The United States expressly disclaims all responsibility or liability to the non-Federal entity or third persons (including but not limited to contractors) for the actions of the non-Federal entity or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any subaward, contract, or subcontract under this award. b. The acceptance of this award or any subaward by the non-Federal entity does not in any way constitute an agency relationship between the United States and the non-Federal entity or the non-Federal entity’s contractors or subcontractors. .06 Unsatisfactory Performance or Non-Compliance with Award Provisions a. Failure to perform the work in accordance with the terms of the award and maintain satisfactory performance as determined by DOC may result in the imposition of additional award conditions pursuant to 2 C.F.R. § 200.208 (Specific conditions) or other appropriate enforcement action as specified in 2 C.F.R. § 200.339 (Remedies for noncompliance). b. Failure to comply with the provisions of an award will be considered grounds for appropriate enforcement action pursuant to 2 C.F.R. § 200.339 (Remedies for noncompliance), including but not limited to: the imposition of additional award conditions in accordance with 2 C.F.R. § 200.208 (Specific conditions); temporarily withholding award payments pending the correction of the deficiency; changing the payment method to reimbursement only; the disallowance of award costs and the establishment of an accounts receivable; wholly or partially suspending or terminating an award; initiating suspension or debarment proceedings in accordance with 2 C.F.R. Parts 180 and 1326; and such other remedies as may be legally available. c. 2 C.F.R. §§ 200.340 (Termination) through 200.343 (Effects of suspension and termination) apply to an award that is terminated prior to the end of the period of performance 10 | 12 November 2020 due to the non-federal entity’s material failure to comply with the award terms and conditions. In addition, the failure to comply with the provisions of a DOC award may adversely impact the availability of funding under other active DOC or Federal awards and may also have a negative impact on a non-Federal entity’s eligibility for future DOC or Federal awards. B. FINANCIAL REQUIREMENTS .01 Financial Management a. In accordance with 2 C.F.R. § 200.302(a) (Financial Management), each State must expend and account for the Federal award in accordance with State laws and procedures for expending and accounting for the State’s own funds. In addition, the State’s and any other non- Federal entity’s financial management systems, including records documenting compliance with Federal statutes, regulations, and the terms and conditions of the Federal award, must be sufficient to permit the preparation of reports required by general and program-specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used in accordance with Federal statutes, regulations, and the terms and conditions applicable to the Federal award. See also 2 C.F.R. § 200.450 (Lobbying) for additional management requirements to verify that Federal funds are not used for unallowable lobbying costs. b. The financial management system of each non-Federal entity must provide all information required by 2 C.F.R. § 200.302(b). See also 2 C.F.R. §§ 200.334 (Retention requirements for records); 200.335 (Requests for transfer of records); 200.336 (Methods for collection, transmission and storage of information); 200.337 (Access to records); and 200.338 (Restrictions on public access to records). .02 Award Payments a. Consistent with 2 C.F.R. § 200.305(a) (Federal payment), for States, payments are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 C.F.R. Part 205 (Rules and Procedures for Efficient Federal-State Funds Transfers) and Treasury Financial Manual Volume I, 4A-2000 (Overall Disbursing Rules for All Federal Agencies). b. Consistent with 2 C.F.R. § 200.305(b), for non-Federal entities other than States, payment methods must minimize the amount of time elapsing between the transfer of funds from the U.S. Treasury or the pass-through entity and the disbursement by the non-Federal entity. 1. The Grants Officer determines the appropriate method of payment and, unless otherwise stated in a specific award condition, the advance method of payment must be authorized. Advances must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the non-Federal entity in carrying out the purpose of the approved program or project. Unless otherwise provided by the terms and conditions of a DOC award, non-Federal entities must time advance payment requests so that Federal funds are on hand for a maximum of 30 calendar days before being disbursed by the 11 | 12 November 2020 non-Federal entity for allowable award costs. 2. If a non-Federal entity demonstrates an unwillingness or inability to establish procedures that will minimize the time elapsing between the transfer of funds and disbursement by the non-Federal entity or if a non-Federal entity otherwise fails to continue to qualify for the advance method of payment, the Grants Officer or the pass-through entity may change the method of payment to reimbursement only. c. Unless otherwise provided for in the award terms, payments from DOC to recipients under this award will be made using the Department of Treasury’s Automated Standard Application for Payment (ASAP) system. Under the ASAP system, payments are made through preauthorized electronic funds transfers directly to the recipient’s bank account, in accordance with the requirements of the Debt Collection Improvement Act of 1996. To receive payments under ASAP, recipients are required to enroll with the Department of Treasury, Financial Management Service, Regional Financial Centers, which allows them to use the on-line and Voice Response System (VRS) method of withdrawing funds from their ASAP established accounts. The following information will be required to make withdrawals under ASAP: 1. ASAP account number – the Federal award identification number found on the cover sheet of the award; 2. Agency Location Code (ALC); and 3. Region Code. d. Recipients enrolled in the ASAP system do not need to submit a Form SF-270 (Request for Advance or Reimbursement) for payments relating to their award. Awards paid under the ASAP system will contain a specific award condition, clause, or provision describing enrollment requirements and any controls or withdrawal limits set in the ASAP system. e. When the Form SF-270 or successor form is used to request payment, the recipient must submit the request no more than monthly, and advances must be approved for periods to cover only expenses reasonably anticipated over the next 30 calendar days. Prior to receiving payments via the Form SF-270, the recipient must complete and submit to the Grants Officer the Form SF-3881 (ACH Vendor Miscellaneous Payment Enrollment Form) or successor form along with the initial Form SF-270. Form SF-3881 enrollment must be completed before the first award payment can be made via a Form SF-270 request. f. The Federal award identification number must be included on all payment-related correspondence, information, and forms. g. Non-Federal entities receiving advance award payments must adhere to the depository requirements set forth in 2 C.F.R. §§ 200.305(b)(7) through (b)(11). Interest amounts up to $500 per non-Federal entity’s fiscal year may be retained by the non-Federal entity for administrative expenses. 12 | 12 November 2020 .03 Federal and Non-Federal Sharing a. Awards that include Federal and non-Federal sharing incorporate a budget consisting of shared allowable costs If actual allowable costs are less than the total approved budget, the Federal and non-Federal cost shares must be calculated by applying the approved Federal and non-Federal cost share ratios to actual allowable costs. If actual allowable costs exceed the total approved budget, the Federal share must not exceed the total Federal dollar amount authorized by the award. b. The non-Federal share, whether in cash or third-party in-kind contributions, is to be paid out at the same general rate as the Federal share. Exceptions to this requirement may be granted by the Grants Officer based on sufficient documentation demonstrating previously determined plans for, or later commitment of, cash or third-party in-kind contributions. In any case, the recipient must meet its cost share commitment as set forth in the terms and conditions of the award; failure to do so may result in the assignment of specific award conditions or other further action as specified in Standard Term A.06 (Unsatisfactory Performance or Non-Compliance with Award Provisions). The non-Federal entity must create and maintain sufficient records justifying all non-Federal sharing requirements to facilitate questions and audits; see Section D of these Standard Terms (Audits), for audit requirements. See 2 C.F.R. § 200.306 for additional requirements regarding cost sharing. .04 Budget Changes and Transfer of Funds among Categories a. Recipients are required to report deviations from the approved award budget and request prior written approval from DOC in accordance with 2 C.F.R. § 200.308 (Revision of budget and program plans) and 2 C.F.R. § 200.407 (Prior written approval (prior approval)). Requests for such budget changes must be submitted to the Grants Officer (or electronically for awards serviced through Grants Online) who will notify the recipient of the final determination in writing. Requests requiring prior DOC approval do not become effective unless and until approved in writing by the DOC Grants Officer. b. In accordance with 2 C.F.R. § 200.308(f), transfers of funds by the recipient among direct cost categories are permitted for awards in which the Federal share of the project is equal to or less than the simplified acquisition threshold. For awards in which the Federal share of the project exceeds the simplified acquisition threshold, transfers of funds among direct cost categories must be approved in writing by the Grants Officer when the cumulative amount of such direct costs transfers exceeds 10 percent of the total budget as last approved by the Grants Officer. The 10 percent threshold applies to the total Federal and non-Federal funds authorized by the Grants Officer at the time of the transfer request. This is the accumulated amount of Federal funding obligated to date by the Grants Officer along with any non-Federal share. The same requirements apply to the cumulative amount of transfer of funds among programs, functions, and activities. This transfer authority does not authorize the recipient to create new budget categories within an approved budget without Grants Officer approval. Any transfer that causes any Federal appropriation, or part thereof, to be used for an unauthorized purpose is not and will not be permitted. In addition, this provision does not prohibit the recipient from requesting Grants Officer approval for revisions to the budget. See 2 C.F.R. § 200.308 (Revision 13 | 12 November 2020 of budget and program plans) (as applicable) for specific requirements concerning budget revisions and transfer of funds between budget categories. .05 Program Income Unless otherwise indicated in the award terms, program income may be used for any required cost sharing or added to the project budget, consistent with 2 C.F.R. § 200.307 (Program income). .06 Indirect or Facilities and Administrative Costs a. Indirect costs (or facilities and administration costs (F&A)) for major institutions of higher education and major nonprofit organizations can generally be defined as costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. Indirect costs will not be allowable charges against an award unless permitted under the award and specifically included as a line item in the award’s approved budget. b. Unrecovered indirect costs, including unrecovered indirect costs on cost sharing or matching, may be included as part of cost sharing or matching as allowed under 2 C.F.R. § 200.306(c) (Cost sharing or matching) or the terms and conditions of a DOC award. c. Cognizant Agency for Indirect (F&A) Costs. OMB established the cognizant agency concept, under which a single agency represents all others in dealing with non-Federal entities in common areas. The cognizant agency for indirect costs reviews and approves non-Federal entities’ indirect cost rates. In accordance with Appendices III – VII to 2 C.F.R. Part 200 the cognizant agency for indirect costs reviews and approves non-Federal entities’ indirect cost rates. With respect to for-profit organizations, the term cognizant Federal agency generally is defined as the agency that provides the largest dollar amount of negotiated contracts, including options. See 48 C.F.R. § 42.003. If the only Federal funds received by a commercial organization are DOC award funds, then DOC becomes the cognizant Federal agency for indirect cost negotiations. 1. General Review Procedures Where DOC is the Cognizant Agency. i. Within 90 calendar days of the award start date, the recipient must submit to the Grants Officer any documentation (indirect cost proposal, cost allocation plan, etc.) necessary to allow DOC to perform the indirect cost rate proposal review. Below are two sources available for guidance on how to put an indirect cost plan together: (A) Department of Labor: https://www.dol.gov/oasam/boc/dcd/np-comm-guide.htm or (B) Department of the Interior: https://www.doi.gov/ibc/services/finance/indirect-Cost-Services/. ii. The recipient may use the rate proposed in the indirect cost plan as a provisional rate until the DOC provides a response to the submitted plan. 14 | 12 November 2020 iii. The recipient is required to annually submit indirect cost proposals no later than six months after the recipient’s fiscal year end, except as otherwise provided by 2 C.F.R. § 200.414(g). 2. When DOC is not the oversight or cognizant Federal agency, the recipient must provide the Grants Officer with a copy of a negotiated rate agreement or a copy of the transmittal letter submitted to the cognizant or oversight Federal agency requesting a negotiated rate agreement within 30 calendar days of receipt of a negotiated rate agreement or submission of a negotiated rate proposal. 3. If the recipient is proposing indirect costs as part of a project budget, but is not required to have a negotiated rate agreement pursuant to 2 C.F.R. Part 200, Appendix VII, Paragraph D.1.b (i.e., a governmental department or agency that receives $35 million or less in direct Federal funding), the recipient may be required to provide the Grants Officer with a copy of its Certificate of Indirect Costs as referenced in 2 C.F.R. Part 200, Appendix VII, Paragraph D.3. or such other documentation, acceptable in form and substance to the Grants Officer, sufficient to confirm that proposed indirect costs are calculated and supported by documentation in accordance with 2 C.F.R. Part 200, Appendix VII. In cases where the DOC is the recipient’s cognizant Federal agency, the DOC reserves the right, pursuant to 2 C.F.R. Part 200, Appendix VII, Paragraph D.1.b, to require the recipient to submit its indirect cost rate proposal for review by DOC. d. If the recipient fails to submit required documentation to DOC within 90 calendar days of the award start date, the Grants Officer may amend the award to preclude the recovery of any indirect costs under the award. If the DOC, oversight, or cognizant Federal agency determines there is a finding of good and sufficient cause to excuse the recipient’s delay in submitting the documentation, an extension of the 90-day due date may be approved by the Grants Officer. e. The maximum dollar amount of allocable indirect costs for which DOC will reimburse the recipient is the lesser of: 1. The line item amount for the Federal share of indirect costs contained in the approved award budget, including all budget revisions approved in writing by the Grants Officer; or 2. The Federal share of the total indirect costs allocable to the award based on the indirect cost rate approved by the cognizant agency for indirect costs and applicable to the period in which the cost was incurred, in accordance with 2 C.F.R 200 Appendix III, C.7, provided that the rate is approved on or before the award end date. f. In accordance with 2 CFR § 200.414(c)(3), DOC set forth policies, procedures, and general decision-making criteria for deviations from negotiated indirect cost rates. These policies and procedures are applicable to all Federal financial assistance programs awarded and administered by DOC bureaus as Federal awarding agencies and may be found at http://www.osec.doc.gov/oam/grants_management/policy/documents/FAM%202015-02.pdf. 15 | 12 November 2020 g. In accordance with 2 CFR § 200.414(g), any non-Federal entity that has a negotiated indirect cost rate may apply to the entity’s cognizant agency for indirect costs for a one-time extension of a currently negotiated indirect cost rate for a period of up to four years, reducing the frequency of rate calculations and negotiations between an institution and its cognizant agency. h. In accordance with 2 CFR § 200.414(f), any non-Federal entity that does not have a current negotiated (including provisional) rate, except for those non-Federal entities described in paragraph D.1.b of Appendix VII to 2 CFR Part 200, may elect to charge a de minimis rate of 10 percent of modified total direct costs. No documentation is required to justify the 10 percent de minimis indirect cost rate. .07 Incurring Costs or Obligating Federal Funds Before and After the Period of Performance a. In accordance with 2 C.F.R. § 200.309 (Modifications to Period of Performance) and the terms and conditions of a DOC award, a non-Federal entity may charge to the Federal award only allowable costs incurred during the period of performance, which is established in the award document. As defined at 2 C.F.R. § 200.1, the “period of performance” means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. Identification of the Period of Performance in the Federal award per § 200.211(b)(5) does not commit the awarding agency to fund the award beyond the currently approved budget period.” The period of performance may sometimes be referred to as the project period or award period. This Standard Term is subject to exceptions for allowable costs pertaining to: (i) pre-award costs (see 2 C.F.R. § 200.458); (ii) publication and printing costs (see 2 C.F.R. § 200.461); and administrative costs incurred relating to the close-out of an award (see 2 C.F.R. § 200.344). b. Reasonable, necessary, allowable and allocable administrative award closeout costs are authorized for a period of up to 120 calendar days following the end of the period of performance. For this purpose, award closeout costs are those strictly associated with close-out activities and are typically limited to the preparation of final progress, financial, and required project audit reports, unless otherwise approved in writing by the Grants Officer. A non-Federal entity may request an extension of the 120-day closeout period, as provided in 2 C.F.R. § 200.344 (Closeout). c. Unless authorized by a specific award condition, any extension of the period of performance may only be authorized by the Grants Officer in writing. This is not a delegable authority. Verbal or written assurances of funding from anyone other than the Grants Officer does not constitute authority to obligate funds for programmatic activities beyond the end of the period of performance. d. The DOC has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding and to extend the period of performance is at the sole discretion of DOC. 16 | 12 November 2020 .08 Tax Refunds The non-Federal entity shall contact the Grants Officer immediately upon receipt of the refund of any taxes, including but not limited to Federal Insurance Contributions Act (FICA) taxes, Federal Unemployment Tax Act (FUTA) taxes, or Value Added Taxes (VAT) that were allowed as charges to a DOC award, regardless of whether such refunds are received by the non-Federal entity during or after the period of performance. The Grants Officer will provide written disposition instructions to the non-Federal entity, which may include the refunded taxes being credited to the award as either a cost reduction or a cash refund, or may allow the non-Federal entity to use such refunds for approved activities and costs under a DOC award. See 2 C.F.R. § 200.470 (Taxes (including Value Added Tax)). .09 Internal Controls Each recipient must comply with standards for internal controls described at 2 C.F.R. § 200.303 (Internal controls). The “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States referenced in § 200.303 are available online at http://www.gao.gov/assets/80/76455.pdf and the “Internal Control Integrated Framework” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) is available online at Internal Control Guidance. C. PROPERTY STANDARDS .01 Standards Each non-Federal entity must comply with the Property Standards set forth in 2 C.F.R. §§ 200.310 (Insurance coverage) through 200.316 (Property trust relationship). .02 Real and Personal Property a. In accordance with 2 C.F.R. § 200.316 (Property trust relationship), real property, equipment, and other personal property acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. This trust relationship exists throughout the duration of the property’s estimated useful life, as determined by the Grants Officer in consultation with the Program Office, during which time the Federal Government retains an undivided, equitable reversionary interest in the property (Federal Interest). During the duration of the Federal Interest, the non-Federal entity must comply with all use and disposition requirements and restrictions as set forth in 2 C.F.R. §§ 200.310 (Insurance coverage) through 200.316 (Property trust relationship), as applicable, and in the terms and conditions of the Federal award. b. The Grants Officer may require a non-Federal entity to execute and to record (as applicable) a statement of interest, financing statement (form UCC-1), lien, mortgage or other public notice of record to indicate that real or personal property acquired or improved in whole or in part with Federal funds is subject to the Federal Interest, and that certain use and disposition 17 | 12 November 2020 requirements apply to the property. The statement of interest, financing statement (Form UCC 1), lien, mortgage or other public notice must be acceptable in form and substance to the DOC and must be placed on record in accordance with applicable State and local law, with continuances re-filed as appropriate. In such cases, the Grants Officer may further require the non-Federal entity to provide the DOC with a written statement from a licensed attorney in the jurisdiction where the property is located, certifying that the Federal Interest has been protected, as required under the award and in accordance with applicable State and local law. The attorney’s statement, along with a copy of the instrument reflecting the recordation of the Federal Interest, must be returned to the Grants Officer. Without releasing or excusing the non-Federal entity from these obligations, the non-Federal entity, by execution of the financial assistance award or by expending Federal financial assistance funds (in the case of a subrecipient), authorizes the Grants Officer and/or program office to file such notices and continuations as it determines to be necessary or convenient to disclose and protect the Federal Interest in the property. The Grants Officer may elect not to release any or a portion of the Federal award funds until the non-Federal entity has complied with this provision and any other applicable award terms or conditions, unless other arrangements satisfactory to the Grants Officer are made. .03 Intellectual Property Rights a. General. The rights to any work or other intangible property produced or acquired under a Federal award are determined by 2 C.F.R. § 200.315 (Intangible property). The non-Federal entity owns any work produced or purchased under a Federal award subject to the DOC’s royalty-free, nonexclusive, and irrevocable right to obtain, reproduce, publish, or otherwise use the work or authorize others to receive, reproduce, publish, or otherwise use the work for Government purposes. b. Inventions. Unless otherwise provided by law, the rights to any invention made by a non-Federal entity under a DOC financial assistance award are determined by the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and as codified in 35 U.S.C. § 200 et seq., and modified by E.O. 12591 (52 FR 13414), as amended by E.O. 12618 (52 FR 48661). 35 U.S.C. § 201(h) defines “small business firm” as “a small business concern as defined at section 2 of Public Law 85–536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration.” Section 1(b)(4) of E.O. 12591 extended the Bayh-Dole Act to non- Federal entities “regardless of size” to the extent permitted by law. The specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from Federal awards are described in more detail in 37 C.F.R. Part 401, which implements 35 U.S.C. 202 through 204 and includes standard patent rights clauses in 37 C.F.R. § 401.14, which is hereby incorporated by reference into this award. The Bayh-Dole regulations set forth in 37 C.F.R. parts 401 and 404 were amended by 83 FR 15954, with an effective date of May 14, 2018 (Amended Bayh-Dole Regulations). The Amended Bayh-Dole Regulations apply to all new financial assistance awards issued on or after May 14, 2018. The Amended Bayh-Dole Regulations do not apply to financial assistance awards issued prior to May 14, 2018, including amendments made to such awards, unless an award amendment includes a specific condition incorporating the Amended Bayh-Dole Regulations into the terms and conditions of the subject award. 18 | 12 November 2020 1. Ownership. A non-Federal entity may have rights to inventions in accordance with 37 C.F.R. Part 401. These requirements are technical in nature and non-Federal entities are encouraged to consult with their Intellectual Property counsel to ensure the proper interpretation of and adherence to the ownership rules. Unresolved questions pertaining to a non-Federal entities’ ownership rights may further be addressed to the Grants Officer. 2. Responsibilities - iEdison. The non-Federal entity must comply with all the requirements of the standard patent rights clause and 37 C.F.R. Part 401, including the standard patent rights clause in 37 C.F.R. § 401.14. Non-Federal entities are required to submit their disclosures, elections, and requests for waiver from any requirement for substantial U.S. manufacture, electronically using the Interagency Edison extramural invention reporting system (iEdison) at www.iedison.gov. Non-Federal entities may obtain a waiver of this electronic submission requirement by providing the Grants Officer with compelling reasons for allowing the submission of paper reports. c. Patent Notification Procedures. Pursuant to E.O. 12889 (58 FR 69681), the DOC is required to notify the owner of any valid patent covering technology whenever the DOC or a non-Federal entity, without making a patent search, knows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license from the owner. To ensure proper notification, if the non-Federal entity uses or has used patented technology under this award without a license or permission from the owner, the non-Federal entity must notify the Grants Officer. This notice does not constitute authorization or consent by the Government to any copyright or patent infringement occurring under the award. d. A non-Federal entity may copyright any work produced under a Federal award, subject to the DOC’s royalty-free, nonexclusive, and irrevocable right to obtain, reproduce, publish, or otherwise use the work, or authorize others to do so for Government purposes. Works jointly authored by DOC and non-Federal entity employees may be copyrighted, but only the part of such works authored by the non-Federal entity is protectable in the United States because, under 17 U.S.C. § 105, copyright protection is not available within the United States for any work of the United States Government. On occasion and as permitted under 17 U.S.C. § 105, DOC may require the non-Federal entity to transfer to DOC a copyright in a particular work for Government purposes or when DOC is undertaking primary dissemination of the work. e. Freedom of Information Act (FOIA). In response to a FOIA request for research data relating to published research findings (as defined by 2 C.F.R. § 200.315(e)(2)) produced under a Federal award that were used by the Federal government in developing an agency action that has the force and effect of law, the DOC will request, and the non-Federal entity must provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. 19 | 12 November 2020 D. AUDITS Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3, §§ 1 et seq., an audit of the award may be conducted at any time. The Inspector General of the DOC, or any of his or her duly authorized representatives, must have the right to access any pertinent books, documents, papers, and records of the non-Federal entity, whether written, printed, recorded, produced, or reproduced by any electronic, mechanical, magnetic, or other process or medium, to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. This right also includes timely and reasonable access to the non-Federal entity’s personnel for interview and discussion related to such documents. See 2 C.F.R. § 200.337 (Access to records). When the DOC Office of Inspector General (OIG) requires a program audit on a DOC award, the OIG will usually make the arrangements to audit the award, whether the audit is performed by OIG personnel, an independent accountant under contract with DOC, or any other Federal, State, or local audit entity. .01 Organization-Wide, Program-Specific, and Project Audits a. A recipient must, within 90 days of the end of its fiscal year, notify the Grants Officer of the amount of Federal awards, including all DOC and non-DOC awards, that the recipient expended during its fiscal year. b. Recipients that are subject to the provisions of Subpart F of 2 C.F.R. Part 200 and that expend $750,000 or more in a year in Federal awards during their fiscal year must have an audit conducted for that year in accordance with the requirements contained in Subpart F of 2 C.F.R. Part 200. Within the earlier of 30 calendar days after receipt of the auditor’s report(s), or nine months after the end of the audit period, unless a different period is specified in a program- specific audit guide, a copy of the audit must be submitted electronically to the Federal Audit Clearinghouse (FAC) through the FAC’s Internet Data Entry System (IDES) (https://harvester.census.gov/facides/). In accordance with 2 C.F.R. § 200.425 (Audit services), the recipient may include a line item in the budget for the allowable costs associated with the audit, which is subject to the approval of the Grants Officer. c. Unless otherwise specified in the terms and conditions of the award, entities that are not subject to Subpart F of 2 C.F.R. Part 200 (e.g., for-profit entities, foreign public entities and foreign organizations) and that expend $750,000 or more in DOC funds during their fiscal year (including both as a recipient and a subrecipient) must submit to the Grants Officer either: (i) a financial related audit of each DOC award or subaward in accordance with Generally Accepted Government Auditing Standards (GAGAS); or (ii) a project specific audit for each award or subaward in accordance with the requirements contained in 2 C.F.R. § 200.507. Within the earlier of 30 calendar days after receipt of the auditor’s report(s), or nine months after the end of the audit period, unless a different period is specified in a program-specific audit guide, a copy of the audit must be submitted to the Grants Officer. In accordance with 2 C.F.R. § 200.425, the recipient may include a line item in the budget for the allowable costs associated with the audit, which is subject to the approval of the Grants Officer. Entities that are not subject to Subpart F of 2 C.F.R. Part 200 and that expend less than $750,000 in DOC funds in a given fiscal year are 20 | 12 November 2020 not required to submit an audit(s) for that year, but must make their award-related records available to DOC or other designated officials for review and audit. d. Recipients are responsible for compliance with the above audit requirements and for informing the Grants Officer of the status of their audit, including when the relevant audit has been completed and submitted in accordance with the requirements of this section. Failure to provide audit reports within the timeframes specified above may result in appropriate enforcement action, up to and including termination of the award, and may jeopardize eligibility for receiving future DOC awards. e. In accordance with 2 C.F.R. § 200.332(d)(3), pass-through entities are responsible for issuing a management decision for applicable audit findings pertaining only to the Federal award provided by the pass-through entity to a subrecipient. .02 Audit Resolution Process a. An audit of the award may result in the disallowance of costs incurred by the recipient and the establishment of a debt (account receivable) due to DOC. For this reason, the recipient should take seriously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed. b. A recipient whose award is audited has the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: 1. The recipient has 30 calendar days from the date of the transmittal of the draft audit report to submit written comments and documentary evidence. 2. The recipient has 30 calendar days from the date of the transmittal of the final audit report to submit written comments and documentary evidence. 3. The DOC will review the documentary evidence submitted by the recipient and will notify the recipient of the results in an Audit Resolution Determination Letter. The recipient has 30 calendar days from the date of receipt of the Audit Resolution Determination Letter to submit a written appeal, unless this deadline is extended in writing by the DOC. The appeal is the last opportunity for the recipient to submit written comments and documentary evidence to the DOC to dispute the validity of the audit resolution determination. 4. An appeal of the Audit Resolution Determination does not prevent the establishment of the audit-related debt nor does it prevent the accrual of applicable interest, penalties and administrative fees on the debt in accordance with 15 C.F.R. Part 19. If the Audit Resolution Determination is overruled or modified on appeal, appropriate corrective action will be taken retroactively. 5. The DOC will review the recipient’s appeal and notify the recipient of the results in an Appeal Determination Letter. After the opportunity to appeal has expired or after the appeal determination has been rendered, DOC will not accept any further documentary evidence from the recipient. No other administrative appeals are available in DOC. 21 | 12 November 2020 E. DEBTS .01 Payment of Debts Owed to the Federal Government a. The non-Federal entity must promptly pay any debts determined to be owed to the Federal Government. Any funds paid to a non-Federal entity in excess of the amount to which the non-Federal entity is finally determined to be entitled under the terms of the Federal award constitute a debt to the Federal government. In accordance with 2 C.F.R. § 200.346 (Collection of amounts due), if not paid within 90 calendar days after demand, DOC may reduce a debt owed to the Federal Government by: 1. Making an administrative offset against other requests for reimbursement; 2. Withholding advance payments otherwise due to the non-Federal entity; or 3. Taking any other action permitted by Federal statute. The foregoing does not waive any claim on a debt that DOC may have against another entity, and all rights and remedies to pursue other parties are preserved. b. DOC debt collection procedures are set out in 15 C.F.R. Part 19. In accordance with 2 C.F.R. § 200.346 (Collection of amounts due) and 31 U.S.C. § 3717, failure to pay a debt owed to the Federal Government must result in the assessment of interest, penalties and administrative costs in accordance with the provisions of 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Commerce entities will transfer any Commerce debt that is delinquent for more than 120 calendar days to the U.S. Department of the Treasury’s Financial Management Service for debt collection services, a process known as cross-servicing, pursuant to 31 U.S.C. § 3711(g), 31 C.F.R. § 285.12, and 15 C.F.R. § 19.9. DOC may also take further action as specified in DOC ST&C A.06 (Unsatisfactory Performance or Non-Compliance with Award Provisions). Funds for payment of a debt must not come from other Federally-sponsored programs, and the DOC may conduct on-site visits, audits, and other reviews to verify that other Federal funds have not been used to pay a debt. .02 Late Payment Charges a. Interest will be assessed on the delinquent debt in accordance with section 11 of the Debt Collection Act of 1982, as amended (31 U.S.C. § 3717(a)). The minimum annual interest rate to be assessed is the U.S. Department of the Treasury’s Current Value of Funds Rate (CVFR). The CVFR is available online at https://www.fiscal.treasury.gov/fsreports/rpt/cvfr/cvfr_home.htm and also published by the Department of the Treasury in the Federal Register (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR) and in the Treasury Financial Manual Bulletin. The assessed rate must remain fixed for the duration of the indebtedness. b. Penalties will accrue at a rate of not more than six percent per year or such other higher rate as authorized by law. 22 | 12 November 2020 c. Administrative charges, i.e., the costs of processing and handling a delinquent debt, will be determined by the Commerce entity collecting the debt, as directed by the Office of the Chief Financial Officer and Assistant Secretary for Administration. .03 Barring Delinquent Federal Debtors from Obtaining Federal Loans or Loan Insurance Guarantees Pursuant to 31 U.S.C. § 3720B and 31 C.F.R. § 901.6, unless waived by DOC, the DOC is not permitted to extend financial assistance in the form of a loan, loan guarantee, or loan insurance to any person delinquent on a nontax debt owed to a Federal agency. This prohibition does not apply to disaster loans. .04 Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs Pursuant to 28 U.S.C. § 3201(e), unless waived by the DOC, a debtor who has a judgment lien against the debtor’s property for a debt to the United States is not eligible to receive any grant or loan that is made, insured, guaranteed, or financed directly or indirectly by the United States or to receive funds directly from the Federal Government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. F. CONFLICT OF INTEREST, CODE OF CONDUCT AND OTHER REQUIREMENTS PERTAINING TO DOC FINANCIAL ASSISTANCE AWARDS, INCLUDING SUBAWARD AND PROCUREMENT ACTIONS .01 Conflict of Interest and Code of Conduct a. DOC Conflict of Interest Policy. In accordance with 2 C.F.R. § 200.112 (Conflict of interest), the non-Federal entity must disclose in writing any potential conflict of interest to the DOC or pass-through entity. In addition, a non-Federal entity will establish and maintain written standards of conduct that include safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain in the administration of an award. It is the DOC’s policy to maintain the highest standards of conduct and to prevent real or apparent conflicts of interest in connection with DOC financial assistance awards. b. A conflict of interest generally exists when an interested party participates in a matter that has a direct and predictable effect on the interested party’s personal or financial interests. A financial interest may include employment, stock ownership, a creditor or debtor relationship, or prospective employment with the organization selected or to be selected for a subaward. A conflict also may exist where there is an appearance that an interested party’s objectivity in performing his or her responsibilities under the project is impaired. For example, an appearance of impairment of objectivity may result from an organizational conflict where, because of other activities or relationships with other persons or entities, an interested party is unable to render 23 | 12 November 2020 impartial assistance, services or advice to the recipient, a participant in the project or to the Federal Government. Additionally, a conflict of interest may result from non-financial gain to an interested party, such as benefit to reputation or prestige in a professional field. For purposes of the DOC Conflict of Interest Policy, an interested party includes, but is not necessarily limited to, any officer, employee or member of the board of directors or other governing board of a non- Federal entity, including any other parties that advise, approve, recommend, or otherwise participate in the business decisions of the recipient, such as agents, advisors, consultants, attorneys, accountants or shareholders. This also includes immediate family and other persons directly connected to the interested party by law or through a business arrangement. c. Procurement-related conflict of interest. In accordance with 2 C.F.R. § 200.318 (General procurement standards), non-Federal entities must maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged in the selection, award and administration of contracts. See paragraph F.04 of these Standard Terms (Requirements for Procurements). .02 Nonprocurement Debarment and Suspension Non-Federal entities must comply with the provisions of 2 C.F.R. Part 1326 (Nonprocurement Debarment and Suspension), which generally prohibit entities that have been debarred, suspended, or voluntarily excluded from participating in Federal nonprocurement transactions either through primary or lower tier covered transactions, and which set forth the responsibilities of recipients of Federal financial assistance regarding transactions with other persons, including subrecipients and contractors. .03 Requirements for Subawards a. The recipient or pass-through entity must require all subrecipients, including lower tier subrecipients, to comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth herein. See 2 C.F.R. § 200.101(b)(2) (Applicability to different types of Federal awards), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§ 200.331-333 (Subrecipient monitoring and management). b. The recipient or pass through entity may have more restrictive policies for the RTC waived prior approvals (no-cost extensions, re-budgeting, etc.) for their subaward recipients. Such restrictive policies must be addressed in their subaward agreements and in accordance with §200.331. .04 Requirements for Procurements a. States. Pursuant to 2 C.F.R. § 200.317 (Procurements by states), when procuring property and services under this Federal award, a State must follow the same policies and procedures it uses for procurements from its non-Federal funds. The State must comply with 2 C.F.R. §§ 200.321 (Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms), 200.322 (Domestic preferences for procurements), and 24 | 12 November 2020 200.323 (Procurement of recovered materials), and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327 (Contract provisions). b. Other Non-Federal Entities. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. §§ 200.318 (General procurement standards) through 200.327 (Contract provisions) which include the requirement that non- Federal entities maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. .05 Whistleblower Protections This award is subject to the whistleblower protections afforded by 41 U.S.C. § 4712 (Enhancement of contractor protection from reprisal for disclosure of certain information), which generally provide that an employee or contractor (including subcontractors and personal services contractors) of a non-Federal entity may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body information that the employee reasonably believes is evidence of gross mismanagement of a Federal award, subaward, or a contract under a Federal award or subaward, a gross waste of Federal funds, an abuse of authority relating to a Federal award or subaward or contract under a Federal award or subaward, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal award, subaward, or contract under a Federal award or subaward. These persons or bodies include: a. A Member of Congress or a representative of a committee of Congress. b. An Inspector General. c. The Government Accountability Office. d. A Federal employee responsible for contract or grant oversight or management at the relevant agency. e. An authorized official of the Department of Justice or other law enforcement agency. f. A court or grand jury. g. A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct. Non-Federal entities and contractors under Federal awards and subawards must inform their employees in writing of the rights and remedies provided under 41 U.S.C. § 4712, in the predominant native language of the workforce. .06 Small Businesses, Minority Business Enterprises and Women’s Business Enterprises In accordance with 2 C.F.R. § 200.321 (Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms), the recipient must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. DOC encourages non-Federal entities to use small 25 | 12 November 2020 businesses, minority business enterprises and women’s business enterprises in contracts under financial assistance awards. The Minority Business Development Agency within the DOC will assist non-Federal entities in matching qualified minority business enterprises with contract opportunities. For further information visit MBDA’s website at http://www.mbda.gov. If you do not have access to the Internet, you may contact MBDA via telephone or mail: U.S. Department of Commerce Minority Business Development Agency Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 (202) 482-0101 G. NATIONAL POLICY REQUIREMENTS .01 United States Laws and Regulations This award is subject to the laws and regulations of the United States. The recipient must comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. .02 Non-Discrimination Requirements No person in the United States may, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance. The recipient agrees to comply with the non-discrimination requirements below: a. Statutory Provisions 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; 2. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; 3. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided or made available by State and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; 4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the 26 | 12 November 2020 basis of handicap under any program or activity receiving or benefiting from Federal assistance. For purposes of complying with the accessibility standards set forth in 15 C.F.R. § 8b.18(c), non-federal entities must adhere to the regulations, published by the U.S. Department of Justice, implementing Title II of the Americans with Disabilities Act (ADA) (28 C.F.R. part 35; 75 FR 56164, as amended by 76 FR 13285) and Title III of the ADA (28 C.F.R. part 36; 75 FR 56164, as amended by 76 FR 13286). The revised regulations adopted new enforceable accessibility standards called the “2010 ADA Standards for Accessible Design” (2010 Standards), which replace and supersede the former Uniform Federal Accessibility Standards for new construction and alteration projects; 5. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; and 6. Any other applicable non-discrimination law(s). b. Other Provisions 1. Parts II and III of E.O. 11246 (Equal Employment Opportunity, 30 FR 12319),3 which requires Federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of E.O. 11246 and Department of Labor regulations implementing E.O. 11246 (41 C.F.R. § 60-1.4(b)). 2. E.O. 13166 (65 FR 50121, Improving Access to Services for Persons with Limited English Proficiency), requiring Federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. The DOC issued policy guidance on March 24, 2003 (68 FR 14180) to articulate the Title VI prohibition against national origin discrimination affecting LEP persons and to help ensure that non-Federal entities provide meaningful access to their LEP applicants and beneficiaries. 3. In accordance with E.O 13798 and Office of Management and Budget, M-20-09 – Guidance Regarding Federal Grants, states or other public grantees may not condition sub-awards of Federal grant money in a manner that would disadvantage grant applicants based on their religious character. 3 As amended by E.O. 11375(32 FR 14303), E.O. 11478 (34 FR 12985), E.O. 12086 (43 FR 46501), E.O. 12107 (44 FR 1055), E.O. 13279 (F67 FR 77141), E.O. 13665 (79 FR 20749), and E.O. 13672 (79 FR 42971). 27 | 12 November 2020 c. Title VII Exemption for Religious Organizations Generally, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., provides that it is an unlawful employment practice for an employer to discharge any individual or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e-1(a), expressly exempts from the prohibition against discrimination based on religion, “a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.” .03 LOBBYING RESTRICTIONS a. Statutory Provisions Non-Federal entities must comply with 2 C.F.R. § 200.450 (Lobbying), which incorporates the provisions of 31 U.S.C. § 1352; and OMB guidance and notices on lobbying restrictions. In addition, non-Federal entities must comply with the DOC regulations published at 15 C.F.R. Part 28, which implement the New Restrictions on Lobbying. These provisions prohibit the use of Federal funds for lobbying the executive or legislative branches of the Federal Government in connection with the award and require the disclosure of the use of non-Federal funds for lobbying. Lobbying includes attempting to improperly influence, meaning any influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding a Federal award or regulatory matter on any basis other than the merits of the matter, either directly or indirectly. Costs incurred to improperly influence are unallowable. See 2 C.F.R. § 200.450(b) and (c). b. Disclosure of Lobbying Activities Any recipient that receives more than $100,000 in Federal funding and conducts lobbying with non-federal funds relating to a covered Federal action must submit a completed Form SF-LLL (Disclosure of Lobbying Activities). The Form SF-LLL must be submitted within 30 calendar days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The recipient must submit any required SF-LLL forms, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer. .04 Environmental Requirements Environmental impacts must be considered by Federal decision makers in their decisions whether or not to approve: (1) a proposal for Federal assistance; (2) the proposal with mitigation; or (3) a different proposal having less adverse environmental impacts. Federal environmental laws require that the funding agency initiate an early planning process that considers potential impacts that projects funded with Federal assistance may have on the environment. Each non-Federal entity must comply with all environmental standards, to include those prescribed under 28 | 12 November 2020 the following statutes and E.O.s and must identify to the awarding agency any impact the award may have on the environment. In some cases, award funds can be withheld by the Grants Officer under a specific award condition requiring the non-Federal entity to submit additional environmental compliance information sufficient to enable the DOC to make an assessment on any impacts that a project may have on the environment. a. The National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.) The National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) implementing regulations (40 C.F.R. Parts 1500 through 1508) require that an environmental analysis be completed for all major Federal actions to determine whether they have significant impacts on the environment. NEPA applies to the actions of Federal agencies and may include a Federal agency’s decision to fund non-Federal projects under grants and cooperative agreements when the award activities remain subject to Federal authority and control. Non-Federal entities are required to identify to the awarding agency any direct, indirect or cumulative impact an award will have on the quality of the human environment and assist the agency in complying with NEPA. Non-Federal entities may also be requested to assist DOC in drafting an environmental assessment or environmental impact statement if DOC determines such documentation is required, but DOC remains responsible for the sufficiency and approval of the final documentation. Until the appropriate NEPA documentation is complete and in the event that any additional information is required during the period of performance to assess project environmental impacts, funds can be withheld by the Grants Officer under a specific award condition requiring the non-Federal entity to submit the appropriate environmental information and NEPA documentation sufficient to enable DOC to make an assessment on any impacts that a project may have on the environment. b. The National Historic Preservation Act (16 U.S.C. §§ 470 et seq.) Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. § 470f) and the Advisory Council on Historic Preservation (ACHP) implementing regulations (36 C.F.R. Part 800) require that Federal agencies take into account the effects of their undertakings on historic properties and, when appropriate, provide the ACHP with a reasonable opportunity to comment. Historic properties include but are not necessarily limited to districts, buildings, structures, sites and objects. In this connection, archeological resources and sites that may be of traditional religious and cultural importance to Federally-recognized Indian Tribes, Alaskan Native Villages and Native Hawaiian Organizations may be considered historic properties. Non-Federal entities are required to identify to the awarding agency any effects the award may have on properties included on or eligible for inclusion on the National Register of Historic Places. Non-Federal entities may also be requested to assist DOC in consulting with State or Tribal Historic Preservation Officers, ACHPs or other applicable interested parties necessary to identify, assess, and resolve adverse effects to historic properties. Until such time as the appropriate NHPA consultations and documentation are complete and in the event that any additional information is required during the period of performance in order to assess project impacts on historic properties, funds can be withheld by the Grants Officer under a specific award condition requiring the non-Federal entity to 29 | 12 November 2020 submit any information sufficient to enable DOC to make the requisite assessment under the NHPA. Additionally, non-Federal entities are required to assist the DOC in assuring compliance with the Archeological and Historic Preservation Act of 1974 (54 U.S.C. § 312502 et seq., formerly 16 U.S.C. § 469a-1 et seq.); Executive Order 11593 (Protection and Enhancement of the Cultural Environment, May 13, 1971); Executive Order 13006 (Locating Federal Facilities on Historic Properties in Our Nation’s Central Cities, May 21, 1996); and Executive Order 13007 (Indian Sacred Sites, May 24, 1996). c. Executive Order 11988 (Floodplain Management) and Executive Order 11990 (Protection of Wetlands) Non-Federal entities must identify proposed actions in Federally defined floodplains and wetlands to enable DOC to decide whether there is an alternative to minimize any potential harm. d. Clean Air Act (42 U.S.C. §§ 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) (Clean Water Act), and Executive Order 11738 (“Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans”) Non-Federal entities must comply with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 et seq.), Clean Water Act (33 U.S.C. §§ 1251 et seq.), and E.O. 11738 (38 FR 25161), and must not use a facility on the Excluded Parties List (EPL) (located on the System for Award Management (SAM) website, SAM.gov) in performing any award that is nonexempt under 2 C.F.R. § 1532, and must notify the Program Officer in writing if it intends to use a facility that is on the EPL or knows that the facility has been recommended to be placed on the EPL. e. The Flood Disaster Protection Act (42 U.S.C. §§ 4002 et seq.) Flood insurance, when available, is required for Federally assisted construction or acquisition in flood-prone areas. Per 2 C.F.R. § 200.447(a), the cost of required flood insurance is an allowable expense, if it is reflected in the approved project budget. f. The Endangered Species Act (16 U.S.C. §§ 1531 et seq.) Non-Federal entities must identify any impact or activities that may involve a threatened or endangered species. Federal agencies have the responsibility to ensure that no adverse effects to a protected species or habitat occur from actions under Federal assistance awards and conduct the reviews required under the Endangered Species Act, as applicable. g. The Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.) Funded projects must be consistent with a coastal State’s approved management program for the coastal zone. 30 | 12 November 2020 h. The Coastal Barriers Resources Act (16 U.S.C. §§ 3501 et seq.) Only in certain circumstances can Federal funding be provided for actions within a Coastal Barrier System. i. The Wild and Scenic Rivers Act (16 U.S.C. §§ 1271 et seq.) This Act applies to awards that may affect existing or proposed components of the National Wild and Scenic Rivers system. j. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. §§ 300f et seq.) This Act precludes Federal assistance for any project that the EPA determines may contaminate a sole source aquifer which threatens public health. k. The Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.) This Act regulates the generation, transportation, treatment, and disposal of hazardous wastes, and provides that non-Federal entities give preference in their procurement programs to the purchase of recycled products pursuant to EPA guidelines. l. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund) (42 U.S.C. §§ 9601 et seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note et seq.) These requirements address responsibilities related to hazardous substance releases, threatened releases and environmental cleanup. There are also reporting and community involvement requirements designed to ensure disclosure of the release or disposal of regulated substances and cleanup of hazards to state and local emergency responders. m. Executive Order 12898 (“Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations”) Federal agencies are required to identify and address the disproportionately high and adverse human health or environmental effects of Federal programs, policies, and activities on low income and minority populations. n. The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.) Non-Federal entities must identify to DOC any effects the award may have on essential fish habitat (EFH). Federal agencies which fund, permit, or carry out activities that may adversely impact EFH are required to consult with the National Marine Fisheries Service (NMFS) regarding the potential effects of their actions and respond in writing to NMFS recommendations. These recommendations may include measures to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH. In addition, NMFS is required to comment on any state agency activities that would impact EFH. Provided the specifications outlined in the regulations are met, EFH consultations will be incorporated into interagency 31 | 12 November 2020 procedures previously established under NEPA, the ESA, Clean Water Act, Fish and Wildlife Coordination Act, or other applicable statutes. o. Clean Water Act (CWA) Section 404 (33 U.S.C. § 1344) CWA Section 404 regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as levees and some coastal restoration activities), and infrastructure development (such as highways and airports). CWA Section 404 requires a permit from the U.S. Army Corps of Engineers before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and forestry activities). p. Rivers and Harbors Act (33 U.S.C. § 407) A permit may be required from the U.S. Army Corps of Engineers if the proposed activity involves any work in, over or under navigable waters of the United States. Recipients must identify any work (including structures) that will occur in, over or under navigable waters of the United States and obtain the appropriate permit, if applicable. q. The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712), Bald and Golden Eagle Protection Act (16 U.S.C. § 668 et seq.), and Executive Order 13186 (Responsibilities of Federal Agencies to Protect Migratory Birds, January 10, 2001) Many prohibitions and limitations apply to projects that adversely impact migratory birds and bald and golden eagles. Executive Order 13186 directs Federal agencies to enter a Memorandum of Understanding with the U.S. Fish and Wildlife Service to promote conservation of migratory bird populations when a Federal action will have a measurable negative impact on migratory birds. r. Executive Order 13112 (Invasive Species, February 3, 1999) Federal agencies must identify actions that may affect the status of invasive species and use relevant programs and authorities to: (i) prevent the introduction of invasive species; (ii) detect and respond rapidly to and control populations of such species in a cost-effective and environmentally sound manner; (iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native species and habitat conditions in ecosystems that have been invaded; (v) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species; and (vi) promote public education on invasive species and the means to address them. In addition, an agency may not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere. s. Fish and Wildlife Coordination Act (16 U.S.C. § 661 et seq.) During the planning of water resource development projects, agencies are required to give fish and wildlife resources equal consideration with other values. Additionally, the U.S. 32 | 12 November 2020 Fish and Wildlife Service and fish and wildlife agencies of states must be consulted whenever waters of any stream or other body of water are “proposed or authorized, permitted or licensed to be impounded, diverted… or otherwise controlled or modified” by any agency under a Federal permit or license. .05 OTHER NATIONAL POLICY REQUIREMENTS a. Buy-American Preferences Strengthening Buy-American Preferences for Infrastructure Projects. Recipients of covered programs (as defined in Executive Order 13858, 31 January 2019, and 2 C.F.R. §200.322 (Domestic preferences for procurements)) are hereby notified that they are encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or subaward that is chargeable under this Award. b. Criminal and Prohibited Activities 1. The Program Fraud Civil Remedies Act (31 U.S.C. § 3801 et seq.), provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the Federal Government for money (including money representing grants, loans, or other benefits). 2. The False Claims Amendments Act of 1986 and the False Statements Accountability Act of 1996 (18 U.S.C. §§ 287 and 1001, respectively), provide that whoever makes or presents any false, fictitious, or fraudulent statement, representation, or claim against the United States must be subject to imprisonment of not more than five years and must be subject to a fine in the amount provided by 18 U.S.C. § 287. 3. The Civil False Claims Act (31 U.S.C. §§ 3729 - 3733), provides that suits can be brought by the government, or a person on behalf of the government, for false claims made under Federal assistance programs. 4. The Copeland Anti-Kickback Act (18 U.S.C. § 874), prohibits a person or organization engaged in a Federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract. The Copeland Anti-Kickback Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145. 5. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.) and implementing regulations issued at 15 C.F.R. Part 11, which provides for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of Federal or Federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 33 | 12 November 2020 6. The Hatch Act (5 U.S.C. §§ 1501-1508 and 7321-7326), which limits the political activities of employees or officers of state or local governments whose principal employment activities are funded in whole or in part with Federal funds. 7. To ensure compliance with Federal law pertaining to financial assistance awards, an authorized representative of a non-Federal entity may be required to periodically provide certain certifications to the DOC regarding Federal felony and Federal criminal tax convictions, unpaid federal tax assessments, delinquent Federal tax returns and such other certifications that may be required by Federal law. c. Drug-Free Workplace The non-Federal entity must comply with the provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. § 8102) and DOC implementing regulations published at 2 C.F.R. Part 1329 (Requirements for Drug-Free Workplace (Financial Assistance)), which require that the non-Federal entity take certain actions to provide a drug-free workplace. d. Foreign Travel 1. Each non-Federal entity must comply with the provisions of the Fly America Act (49 U.S.C. § 40118). The implementing regulations of the Fly America Act are found at 41 C.F.R. §§ 301-10.131 through 301-10.143. 2. The Fly America Act requires that Federal travelers and others performing U.S. Government-financed air travel must use U.S. flag air carriers, to the extent that service by such carriers is available. Foreign air carriers may be used only in specific instances, such as when a U.S. flag air carrier is unavailable or use of U.S. flag air carrier service will not accomplish the agency’s mission. 3. One exception to the requirement to fly U.S. flag carriers is transportation provided under a bilateral or multilateral air transport agreement, to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act pursuant to 49 U.S.C. § 40118(b). The United States Government has entered into bilateral/multilateral “Open Skies Agreements” (U.S. Government Procured Transportation) that allow federal funded transportation services for travel and cargo movements to use foreign air carriers under certain circumstances. There are multiple “Open Skies Agreements” currently in effect. For more information about the current bilateral and multilateral agreements, visit the GSA website. Information on the Open Skies agreements (U.S. Government Procured Transportation) and other specific country agreements may be accessed via the Department of State’s website. 4. If a foreign air carrier is anticipated to be used for any portion of travel under a DOC financial assistance award, the non-Federal entity must receive prior approval from the Grants Officer. When requesting such approval, the non-Federal entity must provide a justification in accordance with guidance provided by 41 C.F.R. § 301-10.142, which requires the non-Federal entity to provide the Grants Officer with the following: name; dates 34 | 12 November 2020 of travel; origin and destination of travel; detailed itinerary of travel; name of the air carrier and flight number for each leg of the trip; and a statement explaining why the non-Federal entity meets one of the exceptions to the regulations. If the use of a foreign air carrier is pursuant to a bilateral agreement, the non-Federal entity must provide the Grants Officer with a copy of the agreement or a citation to the official agreement available on the GSA website. The Grants Officer must make the final determination and notify the non-Federal entity in writing (which may be done through the recipient in the case of subrecipient travel). Failure to adhere to the provisions of the Fly America Act will result in the non-Federal entity not being reimbursed for any transportation costs for which any non-Federal entity improperly used a foreign air carrier. Note: When using code-sharing flights (two or more airlines having flight numbers assigned to the same flight) involving U.S. flag carriers and non-U.S. flag carriers, the airline symbol and flight number of the U.S. flag carrier must be used on the ticket to qualify as a U.S. flag carrier (e.g. "Delta Airlines Flight XXXX, operated by KLM"). Conversely, if the ticket shows "[Foreign Air Carrier] XXX, operated by Delta," that travel is using a foreign air carrier and is subject to the Fly America Act and must receive prior approval from the Grants Officer as outlined in paragraph G.05.d.4. e. Increasing Seat Belt Use in the United States Pursuant to E.O. 13043 (62 FR 19217), non-Federal entities should encourage employees and contractors to enforce on-the-job seat belt policies and programs when operating company-owned, rented, or personally owned vehicles. f. Federal Employee Expenses and Subawards or Contracts Issued to Federal Employees or Agencies 1. Use of award funds (Federal or non-Federal) or the non-Federal entity’s provision of in-kind goods or services for the purposes of transportation, travel, or any other expenses for any Federal employee may raise appropriation augmentation issues. In addition, DOC policy may prohibit the acceptance of gifts, including travel payments for federal employees, from non-Federal entities regardless of the source. Therefore, before award funds may be used by Federal employees, non-Federal entities must submit requests for approval of such action to the Federal Program Officer who must review and make a recommendation to the Grants Officer. The Grants Officer will notify the non-Federal entity in writing (generally through the recipient) of the final determination. 2. A non-Federal entity or its contractor may not issue a subaward, contract or subcontract of any part of a DOC award to any agency or employee of DOC or to other Federal employee, department, agency, or instrumentality, without the advance prior written approval of the DOC Grants Officer. g. Minority Serving Institutions Initiative Pursuant to E.O.s 13555 (White House Initiative on Educational Excellence for Hispanics) (75 FR 65417), 13592 (Improving American Indian and Alaska Native 35 | 12 November 2020 Educational Opportunities and Strengthening Tribal Colleges and Universities) (76 FR 76603), and 13779 (White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities) (82 FR 12499), DOC is strongly committed to broadening the participation of minority serving institutions (MSIs) in its financial assistance programs. DOC’s goals include achieving full participation of MSIs to advance the development of human potential, strengthen the Nation’s capacity to provide high-quality education, and increase opportunities for MSIs to participate in and benefit from Federal financial assistance programs. DOC encourages all applicants and non-Federal entities to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education website. h. Research Misconduct The DOC adopts, and applies to financial assistance awards for research, the Federal Policy on Research Misconduct (Federal Policy) issued by the Executive Office of the President’s Office of Science and Technology Policy on December 6, 2000 (65 FR 76260). As provided for in the Federal Policy, research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest errors or differences of opinion. Non-Federal entities that conduct extramural research funded by DOC must foster an atmosphere conducive to the responsible conduct of sponsored research by safeguarding against and resolving allegations of research misconduct. Non-Federal entities also have the primary responsibility to prevent, detect, and investigate allegations of research misconduct and, for this purpose, may rely on their internal policies and procedures, as appropriate, to do so. Non-Federal entities must notify the Grants Officer of any allegation that meets the definition of research misconduct and detail the entity’s inquiry to determine whether there is sufficient evidence to proceed with an investigation, as well as the results of any investigation. The DOC may take appropriate administrative or enforcement action at any time under the award, up to and including award termination and possible suspension or debarment, and referral to the Commerce OIG, the U.S. Department of Justice, or other appropriate investigative body. i. Research Involving Human Subjects 1. All proposed research involving human subjects must be conducted in accordance with 15 C.F.R. Part 27 (Protection of Human Subjects). No research involving human subjects is permitted under this award unless expressly authorized by specific award condition, or otherwise in writing by the Grants Officer. 2. Federal policy defines a human subject as a living individual about whom an investigator (whether professional or student) conducting research (1) Obtains information or biospecimens through intervention or interaction with the individual, and uses, studies, or analyzes the information or biospecimens; or (2) Obtains, uses, studies, analyzes, or generates identifiable private information or identifiable biospecimens. Research means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. 36 | 12 November 2020 3. DOC regulations at 15 C.F.R. Part 27 require that non-Federal entities maintain appropriate policies and procedures for the protection of human subjects. In the event it becomes evident that human subjects may be involved in this project, the non-Federal entity (generally through the recipient) must submit appropriate documentation to the Federal Program Officer for approval by the appropriate DOC officials. As applicable, this documentation must include: i. Documentation establishing approval of an activity in the project by an Institutional Review Board (IRB) under a Federal wide Assurance issued by Department of Health and Human Services or other Federal agency guidelines (see also 15 C.F.R. § 27.103); ii. Documentation to support an exemption for an activity in the project under 15 C.F.R. § 27.104(d); iii. Documentation of IRB approval of any modification to a prior approved protocol or to an informed consent form; iv. Documentation of an IRB approval of continuing review approved prior to the expiration date of the previous IRB determination; and v. Documentation of any reportable events, such as serious adverse events, unanticipated problems resulting in risk to subjects or others, and instances of noncompliance. 4. No work involving human subjects may be undertaken, conducted, or costs incurred and/or charged for human subjects research, until the appropriate documentation is approved in writing by the Grants Officer. In accordance with 15 C.F.R. § 27.118, if research involving human subjects is proposed after an award is made, the non-Federal entity must contact the Federal Program Officer and provide required documentation. Notwithstanding this prohibition, work may be initiated or costs incurred and/or charged to the project for protocol or instrument development related to human subjects research. j. Care and Use of Live Vertebrate Animals Non-Federal entities must comply with the Laboratory Animal Welfare Act of 1966, as amended, (Pub. L. No. 89-544, 7 U.S.C. §§ 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects), and implementing regulations (9 C.F.R. Parts 1, 2, and 3); the Endangered Species Act (16 U.S.C. §§ 1531 et seq.); Marine Mammal Protection Act (16 U.S.C. §§ 1361 et seq.) (taking possession, transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. §§ 4701 et seq.) (ensure preventive measures are taken or that probable harm of using species is minimal if there is an escape or release); and all other applicable statutes pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by Federal financial assistance. No research involving vertebrate animals is permitted under any DOC financial assistance award unless authorized by the Grants Officer. 37 | 12 November 2020 k. Management and Access to Data and Publications 1. In General. The recipient acknowledges and understands that information and data contained in applications for financial assistance, as well as information and data contained in financial, performance and other reports submitted by recipients, may be used by the DOC in conducting reviews and evaluations of its financial assistance programs. For this purpose, recipient information and data may be accessed, reviewed and evaluated by DOC employees, other Federal employees, Federal agents and contractors, and/or by non-Federal personnel, all of who enter into appropriate or are otherwise subject to confidentiality and nondisclosure agreements covering the use of such information. Recipients are expected to support program reviews and evaluations by submitting required financial and performance information and data in an accurate and timely manner, and by cooperating with DOC and external program evaluators. In accordance with 2 C.F.R. § 200.303(e), recipients are reminded that they must take reasonable measures to safeguard protected personally identifiable information and other confidential or sensitive personal or business information created or obtained relating to a DOC financial assistance award. 2. Scientific Data. Non-Federal entities must comply with the data management and access to data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions. 3. Publications, Videos, and Acknowledgment of Sponsorship. i. Publication of results or findings in appropriate professional journals and production of video or other media is encouraged as an important method of recording, reporting and otherwise disseminating information and expanding public access to federally-funded projects (e.g., scientific research). Non-Federal entities must comply with the data management and access to data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions. ii. Non-Federal entities may be required to submit a copy of any publication materials, including but not limited to print, recorded, or Internet materials, to the funding agency. iii. When releasing information related to a funded project, non-Federal entities must include a statement that the project or effort undertaken was or is sponsored by DOC and must also include the applicable financial assistance award number. iv. Non-Federal entities are responsible for assuring that every publication of material based on, developed under, or otherwise produced pursuant to a DOC financial assistance award contains the following disclaimer or other disclaimer approved by the Grants Officer: This [report/video/etc.] was prepared by [recipient name] using Federal funds under award [number] from [name of operating unit], U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author(s) and do 38 | 12 November 2020 not necessarily reflect the views of the [name of operating unit] or the U.S. Department of Commerce. l. Homeland Security Presidential Directive If the performance of this DOC financial assistance award requires non-Federal entity personnel to have routine access to Federally-controlled facilities and/or Federally-controlled information systems (for purpose of this term “routine access” is defined as more than 180 calendar days), such personnel must undergo the personal identity verification credential process. In the case of foreign nationals, the DOC will conduct a check with U.S. Citizenship and Immigration Services’ (USCIS) Verification Division, a component of the Department of Homeland Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for employment within the United States. Any items or services delivered under a financial assistance award must comply with DOC personal identity verification procedures that implement Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors), Federal Information Processing Standard (FIPS) PUB 201, and OMB Memorandum M-05- 24. The recipient must ensure that its subrecipients and contractors (at all tiers) performing work under this award comply with the requirements contained in this term. The Grants Officer may delay final payment under an award if the subrecipient or contractor fails to comply with the requirements listed in the term below. The recipient must insert the following term in all subawards and contracts when the subaward recipient or contractor is required to have routine physical access to a Federally-controlled facility or routine access to a Federally-controlled information system: The subrecipient or contractor must comply with DOC personal identity verification procedures identified in the subaward or contract that implement Homeland Security Presidential Directive 12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended, for all employees under this subaward or contract who require routine physical access to a Federally-controlled facility or routine access to a Federally-controlled information system. The subrecipient or contractor must account for all forms of Government-provided identification issued to the subrecipient or contractor employees in connection with performance under this subaward or contract. The subrecipient or contractor must return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by DOC: (1) When no longer needed for subaward or contract performance; (2) Upon completion of the subrecipient or contractor employee’s employment; (3) Upon subaward or contract completion or termination. m. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations 1. This clause applies to the extent that this financial assistance award encompasses activities that involve export-controlled items. 39 | 12 November 2020 2. In performing this financial assistance award, a non-Federal entity may participate in activities involving items subject to export control (export-controlled items) under the Export Administration Regulations (EAR). The non-Federal entity is responsible for compliance with all applicable laws and regulations regarding export-controlled items, including the EAR’s deemed exports and re-exports provisions. The non-Federal entity must establish and maintain effective export compliance procedures at DOC and non-DOC facilities, including facilities located abroad, throughout performance of the financial assistance award. At a minimum, these export compliance procedures must include adequate restrictions on export-controlled items, to guard against any unauthorized exports, including in the form of releases or transfers to foreign nationals. Such releases or transfers may occur through visual inspection, including technology transmitted electronically, and oral or written communications. 3. Definitions i. Export-controlled items. Items (commodities, software, or technology), that are subject to the EAR (15 C.F.R. §§ 730-774), implemented by the DOC’s Bureau of Industry and Security. These are generally known as “dual-use” items, items with a military and commercial application. The export (shipment, transmission, or release/transfer) of export-controlled items may require a license from DOC. ii. Deemed Export/Re-export. The EAR defines a deemed export as a release or transfer of export-controlled items (specifically, technology or source code) to a foreign person (foreign national) in the U.S. Such release is “deemed” to be an export to the foreign person’s most recent country of citizenship or permanent residency (see 15 C.F.R. § 734.13(a)(2) & (b)). A release may take the form of visual inspection or oral or written exchange of information. See 15 C.F.R. § 734.15(a). If such a release or transfer is made abroad to a foreign person of a country other than the country where the release occurs, it is considered a deemed re-export to the foreign person’s most recent country of citizenship or permanent residency. See 15 C.F.R. § 734.14(a)(2). Licenses from DOC may be required for deemed exports or re-exports. An act causing the release of export-controlled items to a foreign person (e.g., providing or using an access key or code) may require authorization from DOC to the same extent that an export or re-export of such items to the foreign person would. See 15 C.F.R. § 734.15(b). 4. The non-Federal entity must secure all export-controlled items that it possesses or that comes into its possession in performance of this financial assistance award, to ensure that the export of such items, including in the form of release or transfer to foreign persons, is prevented, or licensed, as required by applicable Federal laws, E.O.s, and/or regulations, including the EAR. 5. As applicable, non-Federal entity personnel and associates at DOC sites will be informed of any procedures to identify and protect export-controlled items from unauthorized export. 40 | 12 November 2020 6. To the extent the non-Federal entity wishes to release or transfer export-controlled items to foreign persons, the non-Federal entity will be responsible for obtaining any necessary licenses, including licenses required under the EAR for deemed exports or deemed re- exports. Failure to obtain any export licenses required under the EAR may subject the non- Federal entity to administrative or criminal enforcement. See 15 C.F.R. part 764. 7. Nothing in the terms of this financial assistance award is intended to change, supersede, or waive the requirements of applicable Federal laws, E.O.s or regulations. 8. Compliance with this term will not satisfy any legal obligations the non-Federal entity may have regarding items that may be subject to export controls administered by other agencies such as the Department of State, which has jurisdiction over exports and re-exports of defense articles and services subject to the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130), including the release of defense articles to foreign persons in the United States and abroad. 9. The non-Federal entity must include the provisions contained in this term in all lower tier transactions (subawards, contracts, and subcontracts) under this financial assistance award that may involve research or other activities that implicate export-controlled items. n. The Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7104(g)), as amended, and the implementing regulations at 2 C.F.R. Part 175 The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the Federal Government, if any non-Federal entity engages in certain activities related to trafficking in persons. The DOC hereby incorporates the following award term required by 2 C.F.R. § 175.15(b): Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 41 | 12 November 2020 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— (A) Associated with performance under this award; or (B) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension – Nonprocurement), as implemented by DOC at 2 C.F.R. Part 1326 (Nonprocurement Debarment and Suspension). b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension – Nonprocurement), as implemented by DOC at 2 C.F.R. Part 1326, (Nonprocurement Debarment and Suspension). c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 42 | 12 November 2020 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. “Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. “Private entity”: i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25; ii. Includes: (A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b); and (B) A for-profit organization. 4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). o. The Federal Funding Accountability and Transparency Act (FFATA) (31 U.S.C. § 6101 note) 1. Reporting Subawards and Executive Compensation. Under FFATA, recipients of financial assistance awards of $30,000 or more are required to report periodically on executive compensation and subawards, as described in the following term from 2 C.F.R. Part 170, Appendix A, which is incorporated into this award: Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward 43 | 12 November 2020 to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives for non-Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 C.F.R § 170.320; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile found at the System for Award Management (SAM) website located at https://www.sam.gov. 44 | 12 November 2020 ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if— i. in the subrecipient’s preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). See also 2 C.F.R. § 200.300(b). 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. 45 | 12 November 2020 e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non-Federal entity means all of the following, as defined in 2 C.F.R. Part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization. 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 C.F.R § 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5. Subrecipient means a non-Federal entity or Federal agency that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 C.F.R. § 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 46 | 12 November 2020 iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. System for Award Management (SAM) and Universal Identifier Requirements -- as described in 2 C.F.R. Part 25, Appendix A, which is incorporated into this award: System for Award Management (SAM) and Universal Identifier Requirements a. Requirement for System for Award Management. Unless you are exempted from this requirement under 2 C.F.R. § 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term. b. Requirement for Unique Entity Identifier. If you are authorized to make subawards under this Federal award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph c of this award term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you. 2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier. c. Definitions for purposes of this term: 1. SAM means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at https://www.SAM.gov). 47 | 12 November 2020 2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities. 3. Entity includes non-Federal entities as defined at 2 C.F.R. § 200.1 and also includes all of the following, for purposes of this part: i. A foreign organization; ii. A foreign public entity; iii. A domestic for-profit organization; and iv. A Federal agency. 4. Subaward has the meaning given in 2 C.F.R § 200.1. 5. Subrecipient has the meaning given in 2 C.F.R § 200.1. See also 2 C.F.R. § 200.300(b). p. Recipient Integrity and Performance Matters (Appendix XII to 2 C.F.R. Part 200) Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement. If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report. Submit the information required about each proceeding that: i. Is relating to the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five-year period; and 48 | 12 November 2020 iii. Is one of the following: (A) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if: I. It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; II. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and III. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures. Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency. During any period when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions. For purposes of this award term and condition: i. Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. 49 | 12 November 2020 ii. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active grants, cooperative agreements, and procurement contracts includes: (A) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (B) The value of all expected funding increments under a Federal award and options, even if not yet exercised. q. Never Contract with the Enemy (2 C.F.R Part 183; 2 C.F.R. § 200.215) Under 2 C.F.R. § 200.215 (Never contract with the enemy) Federal awarding agencies and recipients are subject to the regulations implementing Never Contract with the Enemy in 2 C.F.R. Part 183. These regulations affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 1. Applicability. This term applies only to recipients of covered grants or cooperative agreements, as defined in 2 C.F.R. § 183.35 Definitions. 2. Requirements. As applicable, recipients must fulfill the requirements as described in the following terms from 2 C.F.R. Part 183, Appendix A, which is incorporated into this award: a. Term 1. Prohibition on Providing Funds to the Enemy. 1. The recipient must— i. Exercise due diligence to ensure that none of the funds, including supplies and services, received under this grant or cooperative agreement are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR Part 180.300 prior to issuing a subaward or contract and; ii. Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract. 50 | 12 November 2020 2. The recipient may include the substance of this clause, including this paragraph (1), in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. 3. The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (1) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities b. Term 2. Additional Access to Recipient Records. 1. In addition to any other existing examination-of-records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations 2. The substance of this clause, including this paragraph (2), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. r. Prohibition on certain telecommunications and video surveillance services or equipment (Public Law 115-232, section 889; 2 C.F.R. ⸹ 200.216) (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain, (2) Extend or renew a contract to procure or obtain, or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 51 | 12 November 2020 As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii). Telecommunications or video surveillance services provided by such entities or using such equipment. (iii). Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471. s. Federal Financial Assistance Planning During a Funding Hiatus or Government Shutdown This term sets forth initial guidance that will be implemented for Federal assistance awards in the event of a lapse in appropriations, or a government shutdown. The Grants Officer may issue further guidance prior to an anticipated shutdown. 1. Unless there is an actual rescission of funds for specific grant or cooperative agreement obligations, non-Federal entities under Federal financial assistance awards for which funds have been obligated generally will be able to continue to perform and incur allowable expenses under the award during a funding hiatus. Non-Federal entities are advised that ongoing activities by Federal employees involved in grant or cooperative agreement administration (including payment processing) or similar operational and administrative work cannot continue when there is a funding lapse. Therefore, there may be delays, including payment processing delays, in the event of a shutdown. 52 | 12 November 2020 2. All award actions will be delayed during a government shutdown; if it appears that a non- Federal entity’s performance under a grant or cooperative agreement will require agency involvement, direction, or clearance during the period of a possible government shutdown, the Program Officer or Grants Officer, as appropriate, may attempt to provide such involvement, direction, or clearance prior to the shutdown or advise non-Federal entities that such involvement, direction, or clearance will not be forthcoming during the shutdown. Accordingly, non-Federal entities whose ability to withdraw funds is subject to prior agency approval, which in general are non-Federal entities that have been designated high risk, non-Federal entities under construction awards, or are otherwise limited to reimbursements or subject to agency review, will be able to draw funds down from the relevant Automatic Standard Application for Payment (ASAP) account only if agency approval is given and coded into ASAP prior to any government shutdown or closure. This limitation may not be lifted during a government shutdown. Non-Federal entities should plan to work with the Grants Officer to request prior approvals in advance of a shutdown wherever possible. Non-Federal entities whose authority to draw down award funds is restricted may decide to suspend work until the government reopens. 3. The ASAP system should remain operational during a government shutdown. Non-Federal entities that do not require any Grants Officer or agency approval to draw down advance funds from their ASAP accounts should be able to do so during a shutdown. The 30-day limitation on the drawdown of advance funds will still apply notwithstanding a government shutdown (see section B.02.b.1 of these terms). Commission Meeting Agenda 9/20/2022 2:00 PM US Dept. of Commerce Grant Award AEDA Department:Augusta Engineering Department Department:Augusta Engineering Department Caption:Motion to approve and authorize Augusta co-execute US Department of Commerce Financial Assistance Award to Augusta Economic Development Authority. Award estimated amount is $4,132,680 (Federal Share=$2,000,000. Recipient Share+$2,132,000. (Approved by Engineering Services Committee September 13, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Minutes Commission Regular and Special Called Mtgs. Department:Office of the Clerk of Commisson Department:Office of the Clerk of Commisson Caption:Motion to approve minutes of the Regular Meeting held September 6 and Special Called Meetings held September 8 and 13, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM District 4 appointment Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Mr. Tommy Gardiner to the Richmond County Library Board representing District 4. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: East Central Health District Lee Merchen, MD, FACP, District Health Director 1916 North Leg Road Augusta, Georgia 30909-4437 Phone: 706-667-4329 Fax: 706-667-4365 www.ecphd.com __________________________ East Central Health District Kathleen Toomey, M.D., M.P.H., Commissioner MEMORANDUM TO: Lena Bonner Clerk of Commission FROM: Helen Smith Executive Assistant DATE: September 14, 2022 SUBJECT: Board of Health Re-appointments At the September 13, 2022, Board of Health Meeting, a motion was passed to submit the following names to the Commission to consider for Board reappointments: ▪ Dr. Cheryl Newman, (Seat #9) - (Represents: Member-at-large appointed by the Augusta RC Commission.) Her seat is a 4-year term. ▪ Antonia Autry, (Seat #11) - (Represents: Member-at-large appointed by the Augusta RC Commission.) Her seat is a 4-year term. Please place on your next Commission’s agenda. Enclosed are Talent Bank Information Questionnaires for each and a Composition of the Richmond County Board of Health. Thank you. Enclosures xc: Dr. Thomas Kiernan, BOH Chairman Dr. Lee Merchen Commissioner Alvin Mason TALENT BANK INFORMATION QUESTIONNAIRE TO BE COMPLETED BY PERSONS DESIRING TO VOLUNTEER THEIR SERVICES ON THE RICHMOND COUNTY BOARD OF HEATH AUTHORITY, BOARD OR COMMISSION FOR AUGUSTA, GEORGIA NOTE: ANY INFORMATION ENTERED ON THIS QUESTIONNAIRE WOULD BECOME PUBLIC INFORMATION UPON YOUR SUBMISSION/APPOINTMENT. ************************************************************************************************************ EMAIL ADDRESS: cnewman@augusta.edu DATE: July 3, 2017 1. NAME: Cheryl Newman - Whitlow MD HOME PHONE: 706-833-9713 (cell) /706-736-1562 (home) BUS. PHONE: 706-721-6688` 2. HOME ADDRESS: 3411 Wheeler Road Richmond Ga 30909 STREET COUNTY STATE ZIP 3. DATE OF BIRTH: 9/26/52 SEX: MALE FEMALE XX 4. REGISTERED VOTER: YES XX NO 5. VOTING DISTRICT: US Congressional District 012 Ga Senate District 023 Ga House District 123 6. MARITAL STATUS: SINGLE MARRIED xx SEPARATED ENGAGED DIVORCED 7. EDUCATION: HIGH SCHOOL Oakton High School – Fairfax County Va COLLEGE Undergrad: Wake Forest University/Medical School: MCG 8. RELATIVES WORKING FOR THE COUNTY: none 9. OCCUPATION: Physician 10. RACE: WHITE XX AFRICAN-AMERICAN ASIAN AMERICAN SPANISH SURNAMED AMERICAN INDIAN OTHER (specify) 11. LIST BOARDS YOU PRESENTLY SERVE ON: 1. I serve on several committees at MCG but I am on no Boards at the current time. 2. 3. 12. LIST ANY AREA IN WHICH YOU HAVE A PARTICULAR INTEREST OR EXPERTISE. Most of my outpatient clinical work is with HIV/AIDS, Hepatitis C and STD’s. I am the Medical Director of the MCG HIV Clinic, Coordinator of the MCG HIV/HCV clinic, Coordinator of the MCG HIV Pre-exposure prophylaxis Clinic and the Primary Provider of HCV therapy for HIV/HCV co-infected inmates for the Ga Department of Corrections. Screening and prevention of communicable diseases is an area of great interest to me. I have provided educational forums for health professionals and community groups pertaining to these topics on many occasions over the years. I would consider it a privilege to work with the RCHD as a Board member on these and the many other health issues affecting our community. Rev. 6-2016 Commission Meeting Agenda 9/20/2022 2:00 PM Appointments Richard County Board of Health Department:Richmond County Board of Health Department:Richmond County Board of Health Caption:Consider recommendations from the Richmond County Board of Health to reappoint the following persons effective January 1, 2023 for a four- year term to Member-at-large appointments by the Augusta Commission: Dr. Cheryl Newman and Ms. Antonia Autry. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Amend City code section 1-2-2 and 1-2-13 Rule of Procedure reflect CY 1st Tuesday in .December. Department:Augusta Law Department Department:Augusta Law Department Caption:Motion to approve an Ordinance to Amend the Augusta, GA Code Title One Chapter Two Article One Section 1-2-2 AND SECTION 1-2-13 (RULE OF PROCEDURE 1.01) Relating to the Time AND PLACE for Commission AND COMMITTEE Meetings of the Augusta, Georgia Board of Commissioners; To Repeal All Code Sections and Ordinances and Parts of Code Sections and Ordinances in Conflict Herewith; To Provide an Effective Date and For Other Purposes. Background:The Augusta Commission in its January 18, 2022 meeting approved that the city code be amended to reflect CY its last meeting taking place on the 1st Tuesday in .December. Analysis:N/A Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Ordinance amendment to six months for appeal of rezoning petitions Department:Augusta Law Department Department:Augusta Law Department Caption:Motion to approve an Ordinance to amend the Augusta, Georgia Code to allow the consideration of a rezoning of property after six months of the denial of a same or similar petition for the rezoning of the property. Background:Amendment to the Augusta Commission's Rules of Procedure to mirror State Law. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM GDOT FY 2023 Grant Department: Department: Caption:Motion to accept Georgia Department of Transportation (GDOT) FY 2023 Grant in the amount of $105,152.03. Approved by the Augusta Aviation Commission on August 24, 2022. (Agenda item is scheduled for September 27, 2022, Public Services Committee, however GDOT notified us yesterday that they are ready to move on this grant award). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/20/2022 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: