HomeMy WebLinkAboutANIC AREA REVITALIZATION $100,000.00
And
CONTRACT
between
AUGUSTA, GEORGIA
AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION
in the amount of
$l00;660100;,W
One Hundred Thousand Dollars
fur REPROGRAM FUNDS
Providing funding for
HOME INVESTMENT PARTNERSHIPS PROGRAM
"ANIC Area Revitalization"
THIS AGREEMENT ("Contract"), is made and entered into as of the 2i- day of ~ r
2007 ("the effective date") by and between Augusta, Georgia, acting through the ~
Community Development Department (hereinafter referred to as "HCD") - with principal offices at
925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, hereinafter
called "Augusta", and Augusta Neighborhood Improvement Corporation, a non-profit corporation,
organized pursuant to the Laws of the State of Georgia, hereinafter called "ANIC" 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 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, the grantee is a designated as a subrecipient - hereinafter referred to as ANIC - and will
be involved in HOME eligible activities; and
, WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the
supply of affordable housing for HOME Program eligible low and moderate income families through
eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County
Consolidated Plan 2005-2009, and the Year 2007 Annual Action Plan; and
WHEREAS, Augusta must reserve not less than fifteen percent (15%) of its allocated HOME
entitlement funds for investment in affordable housing to be developed, sponsored or owned by a
designated Community Housing Development Corporation (CHDO); and
WHEREAS, Augusta wishes to enter into a contractual agreement with ANIC for the administration
of HOME eligible affordable housing development activities; and
1126 Miller Street ($31,000.00)
1125 Dugas Street ($34,000.00)
WHEREAS, this activity has been determined to be eligible HOME activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24
Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations.
WHEREAS, ANIC has agreed to provide services funded through this contract free from political
activities, religious influences or requirements; and
WHEREAS, ANIC has requested and Augusta has approved a total of $100,000.00 in grant funds to
perform HOME eligible activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: ANIC agrees to utilize approved HOME funds to support project related costs
associated with the Homeownership rehabilitation of two homes and the construction of one home.
ANIC must provide documentation to support the eligibility of each homeowner prior to rehabilitation
and construction. Under this agreement:
'* Perform rehabilitation on two homes.
'* Perform construction on one home.
.. Perform all required and requested marketing and advertising activities; in accordance
with "HOME" program "Fair Housing" regulations
4. All projects are to posses the following required components:
. Evidence of Site Control
. Evidence of additional financing resources "Leveraging"
. Evidence that the programmatic "MATCH" requirement has been met
B. Use of Funds: HOME funds shall be used by ANIC for the purposes and objectives stated in
Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of HOME funds for
any other purpose(s) is not permitted. The following summarizes the proposed uses of HOME
Program funds under this Agreement:
1. Rehabilitation of2 Homes
An amount not to exceed $65,000.00 shall be expended by ANIC to support the rehabilitation
of two homes. ANIC will rehabilitate the property located at:
ANIC must provide a documentation that homeowner qualifies as low to moderate income
participate. Documents must be approved by AHCD prior to the rehabilitation or
reimbursements will not be processed. ANIC must follow the guidelines used by AHCD for
homeowner rehabilitation. An inspector will be assigned to project.
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2. Construction of Home
An amount not to exceed $35,000.00 shall be expended by ANIC to support the construction
of one affordable single family house. ANIC will construct the property located at:
1239 12th Street
Funds will be used to assist with the cost of the following items: permits, footings,
foundation, floor framing, exterior wall framing, rough plumbing, rough HV AC, rough
electric. ANIC must provide documentation prior to construction that proves homeowner
qualifies as a low to moderated homeowner
C. Program Location and Specific Goals to be Achieved
ANIC shall conduct project development activities and related services in its project area as indicated
in line item. Change of addresses must be approved by AHCD.
D. Proiect Eligibility Determination
It has been determined that the use of HOME funds by the ANIC will be in compliance with 24 CFR
Part 92. Notwithstanding any other provisions of this contract, ANIC 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
ANIC will be compensated in accordance with this Article II, Budget and Method of Payment, that
specifically identifies the use of HOME and other project funding as represented in Article II. Co2 of
this Agreement. ANIC, its directors, officers and staff will carry out and oversee the implementation
of projects to. be funded with HOME funds. ANIC 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, ANIC, 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 HOME Project funds available in the following manner:
1. Augusta agrees to pay ANIC a maximum of $ 100,000.00 under this agreement for project
expenses incurred as outlined in ARTICLE I, Scope of Services, subject to ANICs
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. HCD will monitor the progress of the project and ANICs performance on a monthly basis with
regards to the production of housing units and the overall effectiveness of project.
4. 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.
A.
Project Activitv Cost
$ 100,000.00
5. Funds may not be transferred from line to line item in the project budget without the prior
written approval of Augusta.
6. The use of funds described in this agreement is subject to the written approval of the U. S.
Department of Housing and Urban Development.
7. This Agreement is based upon the availability of HOME Program Funds.
8. ANIC will make reasonable efforts to secure additional funding sources using the
$ 100,000.00 in HOME funds awarded under this agreement as leverage to support the
ANIC Area Rehabilitation Project".
B. Timetable for Completion of Proiect Activities
1. ANIC shall obligate the designated HOME funds September 30, 2007. Based on the budget
outlined in Co2 below, ANIC 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. Proiect Budget: Limitations
1. ANIC 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 ANI. 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 Augusta Neighborhood Improvement Corporation.
2. ANIC shall adhere to the following budget in the performance of this contract.
Rehabilitation (2 Homes) 65,000.00
(1126 Miller $ 31,000.00 &
1125 Dugas $ 34,000.00)
Construction - Infrastructure 35,000.00
TOTAL HOME PROJECT COST: $ 100,000.00
ARTICLE III - RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
1. The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME
Program "Period of Affordability" requirements pursuant to 24 CFR 92.254(a)(4). The City
of Augusta has chosen to follow the resale restrictions with regard to its program. Each
property sold to a homebuyer will remain affordable for the duration of the affordability
period. It is the responsibility of ANIC to track the affordability of the property.
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Resale Provisions [24 CFR 92.254(5)(i)]
If the initial ANIC sells the property during the 20-year period, ANIC must sell the property to
another HOME 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.
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta
and the ANIC (whichever date is later) and shall end at the completion of all program activities, within
the time specified in Article I.D, or in accordance with ARTICLE IX: 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
the ANIC or any subcontractor hereunder. All payments to ANIC by Augusta will be made on a
reimbursement basis.
B. Augusta Neighborhood Improvement Corporation will be responsible for providing MATCH in
an amount equal to no less than 12.5 percent of the total HOME funds drawn down for project
cost.
C. Augusta Neighborhood Improvement Corporation shall maintain a separate account and
accounting process for HOME funding sources.
D. Augusta Neighborhood Improvement Corporation shall not use these funds for any purpose
other than the purpose set forth in this Agreement.
E. Subject to ANIC's compliance with the provisions of this Agreement, Augusta agrees to
reimburse all budgeted costs allowable under federal, state, and local guidelines.
F. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-II0 '.Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations" as well as the procurement policy of Augusta.
G. Requests by the Augusta Neighborhood Improvement Corporation 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. Where HOME funds are to be used
to reimburse salary expenditures, proper documentation to include: "Time Sheet" forms supplied
by Augusta, photocopies of paychecks, paycheck stubs and/or payroll documentation. Invoices
shall not be honored if received by Augusta later than sixty (60) calendar days after expiration
date of this Agreement.
H. Augusta Neighborhood Improvement Corporation shall maintain an adequate financial system
and internal fiscal controls.
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I. 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
Augusta Neighborhood Improvement Corporation.
ARTICLE VI.
REPAYMENT~ROGRAMINCOME
A. Augusta Neighborhood Improvement Corporation may retain all the proceeds generated from
a development activity. The proceeds shall be used in the following manner:
"" HOME - eligible activities
"" Other low income housing activities, which may include operational support of the
CHDO (assuming the CHDO continues to meet its mission of providing affordable
housing.
B. All funds retained by Augusta Neighborhood Improvement Corporation must be used for
HOME-eligible activities or other housing activities that benefit low-income families as
required by 24 CFR 92.300 (a)(2).
C. Augusta Neighborhood Improvement Corporation shall report quarterly the use of proceeds to
Augusta. The report shall indicate how the funds were acquired and how the funds were
utilized.
D. Augusta will be responsible for monitoring the reuse ofthe proceeds.
E. Any real property under Augusta Neighborhood Improvement Corporation control that was
acquired or improved in whole or in part with HOME funds in excess of $25,0000 must either:
1. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years
after the expiration of this Agreement; or
2. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the
current fair market value of the property, less any portion of the value attributable to
expenditures of non-HOME funds for acquisition of, or improvement to, the property.
ARTICLE
VII. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
A. Augusta Neighborhood Improvement Corporation shall carry out its HOME assisted activities
in compliance with all HOME Program laws and regulations described in 24 CFR Part 92
Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other
Federal Requirements). These compliance activities include, but are not limited to:
1. Maximum acquisition prices [24 CFR 92.205A.2]
2. Maximum per unit HOME Program subsidy amount [Section 221 (d)(3)]
3. Combined affordability of assisted units
4. Income eligibility of home buyers
5. Inspection of the homebuyer units to comply with HUD required Property Standards
6. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353]
7. Environmental Review
8. Lead-based Paint Abatement
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B. To document low and moderate-income benefits required in 24 CFR 570.200(a) (2). Augusta
Neighborhood Improvement Corporation shall maintain records that document all clients
served with HOME funds. In addition, ANIC shall document each client's race, family size,
annual household income, and whether or not the family is female-headed. Augusta shall
supply "Income Verification" forms which, when completed by those clients served by ANIC
shall provide the information and verification described above.
C. Augusta Neighborhood Improvement Corporation shall prepare and submit reports relative to
this project to Augusta at Augusta's request. Augusta shall supply ANIC 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.
F. Augusta Neighborhood Improvement Corporation 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.
G. Augusta Neighborhood Improvement Corporation shall make all records for this project
available to Augusta, the U.S. Department of Housing and Urban Development, the
Comptroller General of the United States, or any of their duly authorized representatives for
the purpose of making audits, examinations, excerpts and transcriptions.
H. In compliance with OMB Circular A-II 0 regarding retention and custodial requirements for
records, Augusta Neighborhood Improvement Corporation 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.
I. In connection with the expenditure of federal funds, Augusta Neighborhood Improvement
Corporation shall provide to Augusta an organization-wide audited financial statement
consisting of a balance sheet, income statement and a statement of changes in its financial
position. All documents shall be prepared by 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 ANIC. 's fiscal year. The Augusta Neighborhood Improvement
Corporation is responsible for any cost associated with the audit. Failure to comply may
result in the reallocation of funding and termination of the contract. The Augusta
Neighborhood Improvement Corporation 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.
J. Open Records Disclosure: Augusta Neighborhood Improvement Corporation's records
related to this Agreement and the services to be provided under the grant may be a public
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record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70). ANIC agrees to
comply with the Open Records Act should a request be submitted to it. Further, ANIC agrees
to comply with the provisions of the Open Meetings Law and the following compliance
measures will be taken: ANIC will provide notice to the Augusta Chronicle and the Augusta
Focus or the Metro Courier of its regular board meeting schedule and of any special called
meetings except emergency meetings; it will post notices of its meetings in a public place at
the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee, subject to the provisions of the Open Meetings Law. The press, public and the
Grantee shall not be denied admittance to the ANIC's board meetings, except for such portions
of the meeting as may be closed pursuant to the Open Meetings Law. Augusta Neighborhood
Improvement Corporation shall provide to the Grantee a tentative annual schedule of the
Board of Directors' meetings. Publications and minutes of each meeting shall be submitted to
Grantee within 30 days after each meeting.
ARTICLE
VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
Augusta Neighborhood Improvement Corporation 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-I 02 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 Augusta Neighborhood Improvement
Corporation . 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.
Augusta Neighborhood Improvement Incorporation in the persons of Directors, Officers,
Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and
Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as
part in parcel to this Agreement)
B. Augusta Neighborhood Improvement Corporation shall comply with the requirements and
standards of OMB Circular A-122 "Cost Principles for Non-Profit Organizations" and 24 CFR
part 570.502(b), "Applicability of Uniform Administrative Requirements."
C. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by Augusta Neighborhood Improvement Corporation.
In such instances, ANIC shall consult with HCD/ Augusta on any changes that will result in
substantive changes to this Agreement. All such changes shall be made via written
amendments to this Agreement and shall be approved by the governing bodies of both
Augusta and Augusta Neighborhood Improvement Corporation.
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D. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
Augusta Neighborhood Improvement Corporation 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 ANICs
publications and/or advertisements. (24 CFR 570.601).
B. Non-Discrimination
Augusta Neighborhood Improvement Corporation 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
Augusta Neighborhood Improvement Corporation 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
I. General: Augusta Neighborhood Improvement Corporation agrees that in instances in
which there is construction work over $2,000 financed in whole or in part with HOME
funds under this Agreement, ANIC 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 ofthe 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)
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E. Environmental Standards
Augusta Neighborhood Improvement Corporation 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).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANIC agrees
that 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
ANIC 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).
H. Non-Discrimination in Employment
ANIC 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 ANIC will in all solicitations or
advertisements for employees placed by or on behalf of Augusta Neighborhood Improvement
Corporation 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
Augusta Neighborhood Improvement Corporation 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 HOME Regulations and Section 570.608 of the
CDBG Regulations, ANIC 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.
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K. Debarred. Suspended or Ineligible Contractor
ANIC 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, ANIC 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 the ANIC for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the
contribution of Augusta-Richmond County in making the project possible. The words
"Augusta-Richmond County Department of Housing and Community Development" will be
explicitly stated in any and all pieces of publicity; including but not limited to flyers, press
releases, posters, brochures, public service announcements, interviews, and newspaper
articles.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if ANIC 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 X. For purposes of this
Agreement, timely expenditure of funds means Augusta Neighborhood Improvement
Corporation shall obligate and expend its funds as designated under ARTICLE II. (B).
O. Compliance with Laws and Permits
ANIC 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. ANIC agrees to obtain all necessary
permits for intended improvements or activities.
P. Assignment of Contract
ANIC 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
ANIC agrees to comply with the prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24
CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps
under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term
dwelling units in 24 CFR part 8 shall include sleeping accommodations.
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R. Affirmative Action
ANIC will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or familial status. ANIC 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 ANIC 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 payor other forms of
compensation; and selection for training, including apprenticeship. ANIC 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. ANIC
agrees to make efforts to encourage the use of minority and women-owned business
enterprises in connection with HOME supported activities.
S. Religious Influence
ANIC 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. ANIC will not
discriminate against any person applying for shelter on the basis of religion. ANIC 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 ANIC has a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
U. Travel
If applicable, ANIC 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 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 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
X.
SUSPENSION AND TERMINATION
A. In the event ANIC 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,
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Scope of Services, Augusta may withhold cash payments until ANIC cures any breach of the
agreement. If ANIC fails to cure the breach, Augusta may suspend or terminate the current
award of HOME funds for the ANIC's program.
B. Notwithstanding the above, the ANIC shall not be relieved of its liability to Augusta for
damages sustained as a result of any breach of this agreement. In addition, to any other
remedies it may have at law or equity, Augusta may withhold any payments to ANIC 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 terminate this Agreement upon giving thirty (30)
days notice in writing of its intent to terminate, stating its reasons for doing so. In the event
Augusta terminates the Agreement, Augusta shall pay ANIC for documented committed
eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, ANIC 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 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
925 Laney Walker Blvd., 2nd Floor
Augusta, Georgia 30901
Augusta Neighborhood Improvement Corporation will receive all notices at the address indicated
below:
Augusta Neighborhood Improvement Corporation
925 Laney Walker Blvd., 3rd Floor
Augusta, Georgia 30901
14
ARTICLE XII.
INDEMNIFICATION
ANIC will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and
employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court
costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind
resulting from injuries or damages sustained by any person or persons, corporation or property, by
virtue of the performance of this Agreement. By execution of this Agreement, Augusta Neighborhood
Improvement Corporation 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 XIII.
INSURANCE AND BONDING
ANIC 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, ANIC 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 ANICs handling
or charged with the responsibility for handling funds and property pursuant to this contract. ANIC
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, ANIC 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 ANIC
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 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 ANIC beyond the term of this
Agreement.
ARTICLE XV.
LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
p#
Chester A. Wheeler, III
Director, AHCD
--
ARTICLE XVI.
COUNTERPARTS
This agreement is executed in two (2) counterparts - each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST:
AUGUSTA GEORGIA
(Augusta)
By: (jJ eN-
David S. Cope
As Its Mayor
ATTEST:
SEAL
~~~~
As ts Corporate Secretary
AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION
(Grantee)
BY~-
~/~
..............
-(Plain i;;:;;;; .
15
16
APPENDIX A
Statutes:
24 CFR Part 92, HOME Investment Partnerships Program ("HOME")
OMB Circular A-I 10 - 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
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 of Interest Affidavit
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APPENDIX B
REPORTING REQUIREMENTS
Augusta Neighborhood Improvement Corporation 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 for the entirety of project)
3. Annual Progress Report (January 16,2008)
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.
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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. Bidding:
A. Only contractors included on the Augusta-Richmond County Housing & Community
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 HCD review upon request
3. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG projects may apply for
inclusion on the HCD 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.
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 HCD for
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review and approval prior to bidding. HCD 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 "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 HCD Approved Contractors List. A copy is enclosed for inclusion.
6. Inspections. All projects will be inspected and approved by an HCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
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EXHmIT "A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
I . Augusta through the Housing and Community Development Department agrees to provide up
to $100,000.00 in Year 2007 HOME Investment Partnerships REPROGRAMMED Funds to
the Augusta Neighborhood Improvement Corporation . These funds will support the
rehabilitation of two single family units and the construction of one single family unit in
connection with the ANIC Area Revitalization Project.
2. In connection with the development of HOME funded development sites, ANIC shall submit
to HCD an overall land development plan. This plan should identify the proposed properties
to be rehabbed/constructed in connection with the implementation of the ANIC Area
Revitalization Project. Prior to the beginning of any HOME funded development sites, ANIC
shall notify HCD of the proposed location and estimated acquisition prices. This information
shall be supported with a valid appraisal or reasonable basis for establishing the purchase price
for the property. The acquisition of HOME development sites, the proposed houses,
construction timetable, sales amount and other project development information will be
specified in EXHIBIT B. Each new project added under EXHIBIT B must be submitted to
HCD for review and approval by the Executive Director of the Housing and Community
Development Department or his or her designated project representative.
3. 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 ANIC in accordance with a payment schedule outlined in the construction contract
between ANIC and the Contractor.
4. With HCD approval, ANIC may use HOME funds under this agreement for the following
purposes:
a. To support development costs as outlined in Item 6 below.
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. ANIC 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. ANIC must make sure contractor obtains and posts all permits on job site. Prior to
releasing final payment on each house, ANIC must also secure a Certificate of Occupancy
from the contractor that has been issued by the Department of Licenses and Inspection.
d. ANIC 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
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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.
7. Permanent Financing and Sales Prices
a. The sales price of each home sold in accordance with this agreement must be based on a
formal appraisal. Unless otherwise agreed to by HCD, the sales price of each house shall
not exceed the appraised value of the house.
b. The purchasers of houses constructed with HOME funds must meet HOME and City of
Augusta program requirements.
c. Buyers will be required to borrow no less than 60% of the sale price of the house from a
private lending institution unless otherwise agreed to by HCD.
d. When necessary, ANIC may leave HOME development funds in a house as a second
mortgage permanent loan to the purchaser. ANIC will, however, be required to assign
these loans to HCD once they have been executed.
Proiect Developer Fees
a. ANIC can draw down up to 15% of a development cost and fees of the HOME funds
awarded under this agreement to pay itself a project developer's fee. This fee will be
collected at the time of closing.
b. The total development cost must be met if there is to be a reduction in sell price of the home,
developer shall understand the reduction originates from developers fee. The developer will
not receive agreed development percentage.
Note: The above developer fee structure relates only to single family affordable housing development
projects. Any other development fee such as that for a multi-family rental project (or other
commercial development) must be negotiated separately and approved by the Executive Director of
HeD or his/her designated representative prior to payment to grantee.
PROPOSED DEVELOPMENT COSTS
PROPOSED SALE PRICE
NON-PROFIT FUNDS
HOME FUNDS REQUESTED
SF
SF
SF
SF
EXHIBIT B: ESTIMATED PER UNIT AND/OR TOTAL DEVELOPMENT COSTS
PROJECT ADDRESS:
TYPE DEVELOPMENT:
LOT SIZE:
NO. OF BEDROOMS:
NO. OF BATHROOMS:
S.F. HEATED SPACE:
New Construction
NEIGHBORHOOD
Rehabilitation
[ ]4
[ ]4
[]3 []2 []1
[]3 [ ]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
DEVELOPMENT COST SUMMARY
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PROJECTED HOME SUBSIDY
SF
EXHIBIT "C"
PROJECT SCHEDULE OF COMPLETION
ANIC MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT C - WITH
APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS
AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT
HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED BELOW.
23