HomeMy WebLinkAboutAffordable Housing Foundation Of Augusta
Augusta Richmond GA
DOCUMENT NAME: A~J;1o...-v\.u.b\e\"\00:S;i Y\~ +O~iion
O.r A~~'t.O-.. 0
DOCUMENT TYPE: C()n{ro..~
YEAR: 0 L
BOX NUMBER: 'II
FILE NUMBER: (r.oS \ '6
NUMBER OF PAGES:
22-
I..--- - -1'
! ~
~
CONTRACT
between
AUGUSTA, GEORGIA
And
Mfordable Housing Foundation of Augusta
in the amount of
$100,000.00
One Hundred Thousand Dollars
. for Fiscal Year 2002/03
Providing funding for
HOME INVESTMENT PARTNERSIDPS PROGRAM
THIS AGREEl\1ENT ("Contract"), is made and entered into as of the .JDib..-- day of IJ~ c;. , ,
2002, ("the effective date") by and between the City of Augusta, Georgia and Richmond County, Georgia
(hereinafter referred to as "Augusta"), acting through the Housing and Neighborhood Development
Department (hereinafter referred to as "fIND") - with principal offices at One 10th Street, Suite 430,
Augusta, Georgia 30901, as party of the first part, (Augusta and HND sometimes hereinafter referred to
as "Augusta"), and Affordable Housing Foundation of Augusta, a non-profit corporation, organized
pursuant to the Laws of the State of Georgia, (hereinafter called "AHF A" as party of the second part (also
sometimes being hereinafter referred to as "Grantee").
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a HOME Program Participating Jurisdiction, and has received HOME
Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the
purpose of providing and retaining affordable housing for HOME Program eligible families; as defined by
HUD;and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
stock of affordable housing for HOME Program eligible low and moderate. income families through
eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County
Consolidated Plan 1998-2002, and the Year 2002 Annual Action Plan; and
WHEREAS, it is in the best interest of Augusta to enter into a special contractual relationship with
AHF A for the administration of HOME eligible affordable housing development activities; and
WHEREAS, the AHFA has requested and Augusta has approved a total of $100,000.00 to perform
HOME activities as described in Article I, and;
WHEREAS, this activity has been determined to be eligible HOME activity according to 24 CFR
92.504(c)(l3), 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.
.. ,p.
-,
WHEREAS, this activity has been determined to be eligible HOIvlE activity according to 24 CFR
92,504(c)(l3), and will meet one or more of the national objectives and criteria outlined in Title 24 Code
of Federal Regulations, Part 92 of the Housing and Urban Development regulations.
WHEREAS, the AHF A has agreed to provide services funded through this contract free from political
activities, religious influences or requirements; and
WHEREAS, the AHFA has requested and Augusta has approved a grant in t~e amount of $100,000.00 in
Year 2002 HOME Program grant funds, as follows:
- - -
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
AHF A agrees to utilize approved HOIvlE funds to support construction related cost only in connection
with the development of at least four (4) affordable housing units. These homes will be constructed on
home sites and in locations to be agreed upon by Augusta and AHFA and will provide affordable housing
and homeownership opportunities to very low-income families.
B. Use of Funds:
HOIvlE funds shall be used by AHF A for the purposes and objectives stated in Article I, Scope of
Services of this Agreement. The use ofHOIvlE funds for any other purpose(s) under this agreement is not
permitted.
An amount not to exceed $100,000.00 shall be expended by AHFA from FY2002 HOIvlE funds to
support construction costs in connection with the development of four (4) new affordable housing
construction projects. A maximum of $25,000.00 shall be provided to AHF A to underwrite construction
cost for each of the four (4) housing units to be developed under this agreement. These affordable
housing units will be constructed by AHFA and sold to eligible very low-income homebuyers. Augusta
awards the $100,000.00 as a grant to AHFA with the stipulation that the investment of all HOME
Program funds provided shall be secured by a Deed to Secure Debt and Promissory Notes executed
between each home buyer and AHF A
ARTICLE ll. BUDGET AND METHOD OF PAYMENT
The AHF A will be compensated in accordance with this Article II, Budget and Method of Payment, that
specifically identities the use of HOME Program funds as represented in Article II, C.2. The AHF A, its
directors, officers and staff will carry out and oversee the implementation of projects to be funded with
HOIvlE funds. The AHF A agrees to perform the required services in cooperation with the Augusta
Housing and Neighborhood Development Department. In addition, and upon approval by HND, AHF A
may engage the services of outside professional services consultants and contractors to help carry out the
program and projects. HND hereby grants its approval of AHF A use of Habitat of Augusta, Inc, as a
contractor for the construction of homes under this Contract.
2
? '1'
A. Augusta shall designate and make HOME Project funds available in the following manner:
1. Augusta agrees to pay AHFA a ma'i.imum of $100,000.00 under this agreement for
project expenses incurred as outlined in Article I, Scope of Services, subject to AHF A's
compliance with all terms and conditions of this agreement and the procedures for
documenting expenses and activities as set forth in ARTICLE V.
2. The method of payment shall be in accordance with Financial Procedures as described in
Article I or Exhibit A, attached hereto and made part thereof.
- .
3. HND will monitor the progress of the project and AHF A's performance with regards to
the general administration of the project, the production of housing units and the overall
effectiveness of project.
5. Upon the termination of this agreement, any unused or residual funds remaining shall
revert to Augusta and shall be due and payable on such date ,of the termination and shall
be paid no later than thirty (30) days thereafter.
6. Funds may not be transferred from line to line item in the project budget without the prior
written approval of Augusta.
7. This Agreement is based upon the availability of HOME Program Funds.
B. Timetable for Completion of Project Activities
I. AHF A shall obligate the designated HOME funds within twelve-12 months of the date of
execution of this Agreement. Based on the budget outlined in C.2 below, AHF A will provide a
detailed outline of critical. project milestones and projected expenditures during the course of the
development project. These documents will become an official part of the contractual agreement
and provide the basis for overall project performance measurements,
C, Project Budget: Limitations
1. AHFA shall be paid a total consideration of $100,000,00 for full performance of the services
specified under this Agreement. Any cost above this amount shall be the sole responsibility of the
AHF A. 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 proyided by the Augusta - unless
otherwise agreed to by Augusta and AHF A.
2, The AHF A shall adhere to the following budget in the performance of this contract.
A.
Administrative Costs
$
-0-
B.
Project Activity Costs
$ 100,000.00
Construction: (4 houses) $ 100,000.00
[$25,000 per house)
TOTAL HOME PROJECT COST: $ $100,000.00
'"
-'
ARTICLE m. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
1. The following Resale/Recapture Provisions shall ensure compliance with the HOME Program
"Period of Affordability" requirements in 24 CFR 92.254(a)(4).
A. Resale Provisions [24 CFR 92.254(5)(i)]
If the initial purchaser of the property sells the home during the 5-year loan period, AHFA has the
"right of first refusal" to repurchase the property for subsequent resale to other HONlE Program-
eligible pUfchasers~ J~ AHF 1\. ~xercis~s. its right of first refusal and then sells the property to
another HOrvIE program-eligible purchaser, the new purchaser must. agree to accept the
restrictions on the use of the property required by the HOME Program through the execution of
a new Promissory Note and a new Deed to Secure Debt.
B. Recapture Provisions [24 CFR 92.254(5)(ii)]
If the eligible homebuyer (who received down payment assistance [HOME Program] funds from
Augusta) sells their property, then AHF A shall recapture the HOME funds and return the funds to
Augusta, which will ensure, that the recaptured HOME Program funds are reinvested in other
affordable housing in Augusta for low and moderate-income persons. This shall be accomplished
through deed restrictions, property liens, and contractual obligations, as described in Article I.B
of this Agreement.
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta and
the AHF A (whichever date is later) and shall end at the completion of all project activity, within the time
specified in Article II.B.l or in accordance with ARTICLE IX: Suspension and Termination.
ARTICLE V. DOCUMENTATION AND PAYMENT
A. In no event shall Augusta provide advance funding to the AHF A or any subcontractor hereunder.
All payments to the AHF A by Augusta will be made on a reimbursement basis.
B. AHF A shall maintain a separate account and accounting process for HOME funding sources.
C. AHF A shall not use these funds for any purpose other than the purpose set forth in this Agreement.
D. Subject to AHF A's compliance-with the provisions of this Agreement, 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-II 0 "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 the AHFA for payment shall be accompanied by proper documentation and shall be
submitted to HND [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 HND, copies of invoices, receipts, other
evidence of indebtedness, budget itemization and description of specific activities undertaken.
.j )."
..
Invoices shall not be honored if received by Augusta later than sixty (60) calendar days after
expiration date of this Agreement.
G. AHFA 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
AHF A.
ARTICLE VI. RECORJ;> KEEPINg, REPORTING AND M9~~9RING REQUIREMENTS
A. AHF A shall carry out its HOME assisted activities in compliance with all HOME Program laws
and regulations described in 24 CFR Part 92 Subpart E (program Requirements), Subpart F
(Project Requirements), and Subpart H (Other Federal Requirements).
B. To document low and moderate-income benefits required in 24 CFR 570.200(a) (2). AHFA shall
maintain records that documerit all clients served with HOME funds. In addition, AHF A shall
document each client's race, family size, annual household income, and whether or not the family
is female-headed. Augusta shall supply "Income Verification" fonus which, when completed by
those clients served by AHF A, shall provide the information and verification described above.
C. AHF A shall prepare and submit reports relative to this project to Augusta at Augusta's request.
Augusta shall supply AHFA with the following report forms and require the same to be
completed as requested by Augusta: "Monthly Services", "Quarterly Progress", "Quarterly
Financial" and "Annual Report". Further explanation and report due dates are found in
APPENDIX B below,
D. AHF A shall maintain books. and records in accordance with generally accepted accounting
principles. Documents shall be maintained in accordance with practices that sufficiently and '
properly reflect all expenditure of funds provided by Augusta under this Agreement. '
E. In compliance with o.MS Circular A-II 0 regarding retention and custodial requirements for
records, AHF A shall maintain financial records, supporting documents, statistical records, and all
other records pertinent to this Agreement for a period of three years, with the following
qualifications:
1. If any litigation, claim or audit is started before the expiration of the 3-year period, the
records shall be retained until all litigation, claims, or audit findings involving the records
have been resolved.
2. Records for non-expendable personal property acquired with HOME grant funds shall be
retained for three years after its final disposition. Non-expendable personal property
means tangible personal property having a useful life of more. than one year and an
acquisition cost of $300 or more per unit.
5
..
F. AHFA's shall provide to Augusta an organization-wide audited financial statement consisting of
a balance sheet, income statement and a statement of changes in the financial position, all
prepared by a certified public accountant. Such financial disclosure information shall be filed
with Augusta within one hundred eighty (180) calendar days after the close of the AHFA's fiscal
year. The AHF A is responsible for any cost associated v.;ith the audit. Failure to comply may
result in the reallocation.of funding and termination of the contract. The AHFA shall supply,
upon request, documentation maintained in accordance with practices which sufficiently and
properly reflect all expenditures of funds provided by Augusta under this Agreement.
G. Open Records Disclosure: AHFA'~ records related to this ~greement and the services to be
provided under the grant may be a public record subject to Georgia's Open Records Act
(O,C.G,A. S 50-18-70). AHFA agrees to comply with the Open Records Act should a request be
submitted to it. Further, AHF A agrees to comply with the provisions of the Open Meetings
Law and the following compliance m.easures will be taken: AHF A will provide notice to the
Augusta Chronicle, the Augusta Focus or the Metro Courier of its regular board meeting schedule
and of any special called meetings except emergency meetings; AHF A will post notices of its
meetings in a public place at the meeting sites and it will keep a written agenda, minutes,
attendance, and voting record for each meeting and make the same available for inspections by
the press, the public and the Augusta, subject to the provisions of the Open Meetings Law. The
press, public and the Grantee shall not be denied admittance to AHF A's board meetings, except
for such portions of the meeting as may be closed pursuant to the Open Meetings Law. AHFA
shall provide to the. Augusta a tentative annual schedule of the Board of Directors' meetings.
Publications and minutes of each meeting shall be submitted to Augusta within 30 days after each
meeting.
ARTICLE VII. ADMlNISTRATIVE REQUIREMENTS
A. Conflict ofInterest
AHFA agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36,
570.611, Ol.\.1B Circular A-110 and O.NIB Circular A-I02 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 the AHF A. No person described above who
exercises, may exercise or has exercised any functions or responsibilities with respect to the
HOME activities supported under this contract; or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, may obtain any
financial interest or benefit from the activities, or have a financial interest in any contract, sub-
contract, or agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter. For the
purpose of this provision, "family ties", as defined in the above cited volume and provisions of
the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law,
Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-
law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of
this Agreement. AHFA in the persons of Directors, Officers, Employees, Staff, Volunteers and
Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict
ofInterest Affidavit. (Affidavit form attached as part in parcel to this Agreement)
B. AHF A shall comply with the requirements and standards of Ol.\.1B Circular A-122 "Cost
Principles for Non-Profit Organizations" and 24 CFR part 570.502(b), "Applicability of Uniform
Administrative Requirements."
6
C. Augusta may, from time to time,'request changes to the scope of this agreement and obligations
to be performed hereunder by the AHF A. In such iristances, AHF A shall consult with
HNDI Augusta on any changes that will result in substantial changes to this Agreement. All such
changes shall be made .via written amendments to this Agreement and shall be approved by the
governing bodies of both Augusta and the AHF A.
D. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are incorporated herein by reference.
. .
ARTICLE VIII. OTHER REQUIREMENTS
A. Fair Housing
AHF A agrees that it will conduct and administer 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 AHF A publications and/or advertisements (24 CFR 570.601),
B.. Non-Discrimination
AHF A 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.
C. Non-Discrimination and Residential Property
AHF A agrees, in accordance with Executive Order 11063 and 12259 that it will not discriminate
because of race, color, religion, sex, or national origin in the sale, leasing, rental or other
disposition of residential property and related facilities, or in the use of occupancy thereof, if such
property and related facilities are, among other things, provided in whole or in part with the aid of
loans, advances, grants, or contributions agreed to be made by the Federal Government.
D. Labor Standards
General: AHFA agrees that in instances in which there is construction work of.over $2,000
financed in whole or in part with HOME funds under this Agreement, the AHF A will adhere to
the Davis-Bacon Act (40 use 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)
7
E. 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)
F. Environmental Standards
AHFA agrees that in accordance with the National Environmental Policy Act of 1969 and 24
CFR part 58, it will cooperate with Augusta/HND in complying with the Act and regulations, and
thatno activities will be undeJiaken until notified by Augusta/HND 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)
G. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), AHFA agrees
that HONffi funds shall not be expended for acquisition or construction in an area identified by
the Federal Emergency Management Agency (FEMA) as having special flood hazards
(representing the 100-year floodplain). Exceptions will be made if the community is participating
in the National Flood Insurance Program or less than a year has passed since FEMA notification
and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster
Protection Act of 1973.
H. Displacement and Relocation
AHF A agrees to take all reasonable steps to minimize displacement of persons as a result of
HOME assisted activities. Any such activities 'assisted with 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).
I. Non-Discrimination in Employment
. AHFA 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. The AHFA will in all solicitations or
advertisements for employees placed by or on behalf of the AHF A, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex,
national origin or familial status.
J. Employment and Business Opportunities
AHFA agrees that to the greatest extent feasible, opportunities for training and employment be
given to 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).
8
K. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of the CDBG
Regulations, AHF A agrees to comply with the Lead Based Paint Poisoning Prevention Act
pursuant to prohibition against the use of lead-based paint in residential structures and to comply
with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based
paint poisoning and the elimination of lead-based paint hazards.
L. Debarred, Suspended or Ineligible Contractor
. .." .
AHF A 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 fIND,
M. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, AHFA 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.
N. Publicity
Any publicity generated by the AHF A for the project funded pursuant to this Agreement, during
the term of this Agreement or for one year thereafter, will make reference to the contribution of
Augusta-Richmond County in making the project possible. The words "Augusta-Richmond
County Department of Housing and Neighborhood 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.
0', Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if the AHFA fails to expend its grant funds in a timely
manner, such failure shall constitute a material failure to comply with this Agreement and invoke
the suspension and termination provisions of ARTICLE IX. For purposes of this Agreement,
timely expenditure of funds means the AHF A shall obligate and expend its funds as designated
under ARTICLE 1. (C) and (D).
p, Compliance with Laws and Permits
The AHF A 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. AHF A agrees to obtain all necessary permits for
intended improvements or activities.
Q. Assignment of Contract
The AHF A shall not assign any interest in this contract or transfer any interest in the same
without the prior written approval of Augusta.
9
R. Equal Employment Opportunity
The AHFA agrees to comply with the prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 D.S.C. 6101-07) and implementing regulations at
24 CFR part 146 and the prohibitions against otherWise qualified individuals with handicaps
under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term
dwelling units in 24 CFR part 8 shall include sleeping accommodations.
S. Affirmative Action
The AHF A will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or familial status. TheAHF A 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 familial status, Such action
shall include, but not be limited to the following: employment, upgrading, demotion or transfer;
recruitment or advertising; lay-off or termination, rates of payor other forms of compensation;
and selection for training, including apprenticeship. The AHF A 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. The AHF A agrees to make efforts to
encourage the use of minority and women-owned business enterprises in connection with HOME
supported activities.
T, Religious Influence
The AHF A will not discriminate against any employee or applicant for employment on the basis
of religion and will not give preference of persons on the basis of religion. The AHF A will not
discriminate against any person applying for shelter on the basis of religion. AHF A will provide
no religious instruction or counseling, conduct no religious worship or services, engage in no.
religious proselytizing and exert no religious influence in the provision of shelter and other
eligible activities funded by this grant.
U. Indirect Costs
Indirect costs will only be paid if AHF A has an indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
V. Travel
If applicable, AHF A shall obtain prior written approval from the Grantee for any travel outside
the State of Georgia with funds provided under this contract. All Federal Travel Regulations are
applicable (41 CFR Part 301). '
W. Construction Requirements - SEE APPENDIX C
All housing units [newly constructedJ and assisted with HOME Program funds must, before
occupancy, meet the Property Standards specified at 25 CFR 92.251 [the HOME Program
Regulations]. The Property Standards at 24 CFR 92.251 require that the homes receiving 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
10
under this Agreement is "new construction" by HOME Program definition and therefore must
meet the local building codes for new housing in Augusta-Richmond County, as applicable.
ARTICLE IX. SUSPENSION AJ."'ffi TERMINATION
A. In the event AHF A materially fails to comply with any tenns of this agreement, including the
timely completion of activities as described in the timetable and/or contained in ARTICLE I,
Scope of Services, or the provisions of ARTICLE VIII (N), Augusta may withhold cash payments
until AHF A cures any breach of the agreement. If AHF A fails to cure the breach, Augusta may
suspend or terminate the current award of HOME funds for AJIFA's pr()gram~
B. Notwithstanding the above, the AHF A shall not be relieved of liability to Augusta for damages
sustained by Augusta as a result of any breach of this agreement by the AHF A. In addition, to
any other remedies it may have at law or equity, Augusta may withhold any payments to the
AHF A 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, either party may tenninate this Agreement upon giving sixty (30) days notice
in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta
terminates the Agreement, Augusta shall pay AHF A for documented and committed eligible costs
incurred prior to the date of notice oftennination.
D. Notwithstanding any termination or suspension of this Agreement, AHF A 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 HOl\tfE funds previously disbursed or income derived therefrom.
ARTICLE X. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
. certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the
place last specified, and the place for giving of notice shall remain such until it shall have been changed
by written notice.
. Augusta will receive all notices at the address indicated below:
Office of the Administrator
Municipal Building
530 Greene Street, Suite 801
Augusta, Georgia 30911
With copies to:
Augusta Housing and Neighborhood Development Department
One, Tenth Street, Suite 430
Augusta, Georgia 30901
AHF A will receive all notices at the address indicated below:
Affordable Housing Foundation of Augusta, Inc.
3730 Washington Road, Suite B
Martinez, Georgia 30907
II
Augusta, HND and Augusta agree that notice to one of the three shall constitute notice to each of the three
parties. AHF A and Grantee agree that notice to one of the two shall constitute notice to each of the two
parties.
ARTICLE XI. INDEMNIFICATION
AHF A 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
re~uIting from injuries ~r Q~(lges sustained by any person or persons, corporation or property, by virtue
of the performance of this Agreement. By execution of this Agreement, AHF A 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.
ARTICLE XII. INSURANCE AND BONDING
A. AHF A 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.
B. AHF A shall also procure and provide for approval by Augusta a blanket fidelity bond in the
amount of at least $100,000.00 covering all personnel of the AHF A handling or charged with the
responsibility for handling funds and property pursuant to this contract,
C. AHF A 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.
D. Additionally, AHF A 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 the
AHF A 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.
ARTICLE XIII. 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 except as provided in ARTICLE XIV. 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 AHF A beyond the term of this
Agreement.
ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be inserted
in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as
12
though it were included herein and if, through mistake or otherwi~e, any such provision is not inserted or
is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended
to make such insertion,
ARTICLE XV.
COVNTERP ARTS
This agreement is executed in two (2) counterparts, each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each party
hereto,
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
AUGUSTA, GEORGIA
antor)
,:," ;:~-,'). 7". <\j"",:
J? " ,.".
~ '" ---"-~"- -,-.
....~~ '\ -.... ~ ~.. . ;,
~, .::r" '..
~ : _~.:." \~SE~'
~ _- .~ ~~ ....'\: -=~_." :-r-
. "
qpJy
"
-:" ..
~
"....
.Eena Bonner
:"~::.::.___ 81erk of Commission
, .'. \
ATTEST:
AUGUSTA AFFORDABLE HOUSING FOUNDA nON
(Grantee)
SEAL
By:{Q ~
~ I r b ~q; 5t.t y-e,y-
".:. ,:/'//~ ~
h ~ -
o:.;-,.,-~-_ y /~
~ -/ ~s ffsIf:orporate Secretary
. ..(11~ q ~w. .DE~-"{ 5zc/c€ m;ey
r.' ""-:rw. _
--... '-1 ~
-.,......~ ~
. ;:"
13
APPENDIX A
Statutes:
24 CFR Part 92, HOME Investment Partnerships Program ("HOME")
ONlB Circular A-IIO - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations
OMl? Circular A-I22 - Cost Principals for Non-Profit Organizations
ONlB Circular A-I33 - 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
Forms:
Income Verification and Income Limits Table
Inventory
Time Sheet
Reimbursement Request
Monthly Statistical Reports
Quarterly Program Progress
Quarterly Financial Report
Annual Program Report
Travel Log
Conflict ofInterest Affidavit
14
APPENDL~ B
REPORTING REQUIREMENTS
The A...."4FA shall submit to the Grantee the following reports for the term. of this agreement.
1, Monthly Statistical Reports
Due each month by the 10th for the previous month.
2, Quarterly Progress & Financial Reports
Due: October 15,2002; January 15,2003; April 15, 2003; and July 15, 2003.
3. Annual Progress Report
4, AuditlFinancial Report
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.
15
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,
Americans 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.)
1. Part 1926 - Safety and Health Regulations for Construction, Chapter :xvn 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. Bidding:
A. Only contractors included on the Augusta-Richmond County Housing & Neighborhood
Development Department Approved Contractor List may bid on construction projects funded
with CDBG funds
B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid.
. C. All bidding documents and procedures will be made available for HND review upon request
3. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG projects may apply for
inclusion on the HND 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 CDBG funded projects.
16
4. 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 HND for
review and approval prior to bidding, HND Construction and Rehabilitation Inspectors will
review these items for compliance with new construction and/or rehabilitation standards and
materials use.
5. Rehabilitation Standards. All rehabilitation work will comply with the "Unifonn Physical
Condition Standards for HOD Housing." Workmanship and material standards will comply with
the Augusta-Richmond County Housing & Neighborhood Development Department Contractors
Manual and Perfonnance Standards. A copy of this manual is provided to every contractor when
included on the HND Approved Contractors List. A copy is enclosed for inclusion.
6. Inspections. All projects will be inspected and approved by an HND Construction and
Rehabilitation Inspector prior to release of the funds for that project.
17
..
A TT ACHMENTS
AHF A Notebook and all contents therein including the statutes and forms listed in APPENDIX A are
hereby attached and included as part in parcel to this Agreement.
18
~
ATTACHMENTS
AHF A Notebook and all contents therein including the statutes and forms listed in APPENDIX A are
hereby attached and included as part in parcel to this Agreement.
18
;
PROJECT AND DEVELOPMENT MANAGEMENT PROCEDURES
EXHIBIT "A"
1, Augusta, through HND, agrees to provide up to $100,000.00 of HOME funds to AHF A. These
funds will provide gap financing to support construction related cost only related to four
affordable single family residential units.
Each new project added under must be reviewed and approved by the Executive Director of the
Housing and Neighborhood Development Department or his/her designated representative.
2. For each home supported with HOME funds under this agreement, HND must review and accept
all design plans and specifications for each project before work is commenced and before funds
are released for reimbursement.
3. AHF A will provide the lots on which each new house is to be built under this agreement.
4. AFHA is to provide deed restrictions on the sale of each house supported with HOME funds that
will prevent the resale of the property by homeowner for five (5) years.
5. 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 as outlined in EXHIBIT B. In no case will this amount exceed the maximum per unit
amount as defined at 24 CFR 92.250.
b. AHF A will provide construction management for the project to ensure that construction work
is being carried out in accordance with plans and specifications.
c. AHF A must make sure contractor obtains and posts all permits on job site. Prior to releasing
final payment on each house, AHF A must also collect a Certificate of Occupancy from the
contractor that has been issued by the Department of Licenses and Inspection.
d. AHF A must collect progr~ss and final lien releases from the contractor, subcontractors and
material suppliers prior to making a payment to a contractor.
, e. HND may continually inspect each house for contract compliance and to determine the percent
of completion prior to processing a draw request and releasing payment. HND may elect to make
up to five (5) payments per house. HND may choose not to release payments if the work being
performed is not of acceptable quality to HND and if the house is not being built or rehabilitated
in accordance with plans and specifications, or if project is not on schedule.
19
EXHIBIT B: ESTIlYlATED PER UNIT A1~D/OR TOTAL DEVELOPMENT COSTS
PROJECT ADDRESS:
TYPE DEVELOPIvIENT:
NEIGHBORHOOD
New Construction Rehabilitation
LOT SIZE:
NO. OF BEDROOMS:
NO. OF BATHROOMS:
S.F. HEATED SPACE:
(]4 (]3
[]4 (]3
[ ]2 [] 1
[ ]2 [] 1
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
DEVELOPMENTCOSTS~lARY
PROPOSED DEVELOPrvIENT COSTS
PROPOSED SALE PRICE
NON-PROFIT FUNDS
HOME FUNDS REQUESTED
PROJECTED HOrvIE SUBSIDY
SF
SF
SF
SF
SF
20
;;
EXHIBIT "c"
PROJECT SCHEDULE OF COlVIPLETION
1) Begin construction on the first three (3) houses by May 1, 2002 at the latest
2) Complete construction on the first three (3) houses by November 14,2002 at the latest
3) Complete construction of all houses under this contract within twelve (12) months of the
contract date
21