HomeMy WebLinkAboutANTIOCH MINISTRIES INC $200,000.00
CONTRACT
between
AUGUSTA, GEORGIA
And
ANTIOCH MINISTRIES, INC.
in the amount of
$200,000.00
Two Hundred Thousand Dollars
for Fiscal Year 2007 - COMPETITIVE
Providing funding for
HOME INVESTMENT P ARTNERSIDPS PROGRAM
"Perry-Brown Corridor Revitalization Project"
THIS AGREEMENT ("Contract"), is made and entered into as of the I s.r- day of~ tltyy 7
2007 (''the effective date") by and between Augusta, Georgia, acting through the M'ousing and
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 Antioch Ministries, Inc. Community Development Corporation, anon-profit
corporation, organized pursuant to the Laws of the State of Georgia, hereinafter called "AMI" 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
- defmed by HUD; and
WHEREAS, the grantee is a designated Community Housing and Development Organization
(CHDO) and Community Based Development Organization (CBDO) - hereinafter referred to as AMI
- and will be involved in HOME eligible activities; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and i~crease 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 Antioch Ministries, Inc. for
the administration of HOME eligible affordable housing development activities; and
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 ofthe Housing and Urban Development regulations.
WHEREAS, Antioch Ministries, Inc. has agreed to provide services funded through this contract free
from political activities, religious influences or requirements; and
WHEREAS, Antioch Ministries, Inc. has requested and Augusta has approved a total of $200,000.00
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. Scone of Services
Project Description: AMI agrees to utilize approved HOME funds to support project related costs
associated with the Perry - Brown Corridor Revitalization Project. This project is a multi-phased
affordable housing effort which involves the development and construction of new single-family,
scattered site, in-fill affordable housing units throughout the Florence Street Community. Under this
agreement:
4. Perform demolition and clearing of sites.
4. Perform acquisition of sites to be used to construct 5 single family homes
4. Perform new construction services for 5 single family homes
4. 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
· Evidence that a qualified home buyer has been identified, received and completed a
comprehensive home buying education course(s) and pre-purchase housing
counseling program; prior to the completion of the assigned home.
B. Use of Funds: HOME funds shall be used by AMI 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:
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1. Acquisition
An amount not to exceed $52,000.00 shall be expended by AMI to support the acquisition.
Sites are to be utilized to construct affordable single-family housing units to be made available
for purchase by HOME program eligible low and moderate-incomehomebuyers. AMI will
acquire the following properties:
(a) 1421 Brown Street
(b) 1423 Brown Street (c) 1434 Perry Avenue
AMI may request a change in acquisition address through a written request. Upon approval,
AMI may acquire property and be reimbursed.
2. Demolition and Clearing
An amount not to exceed $15000.00 shall be expended by AMI to support the demolition and
clearing of sites to be used to construct affordable single-family housing units to be made
available for purchase by HOME program eligible low and moderate-income home buyers.
The sites for demolition and clearing are located at:
(a) 1421 Brown Street
(d) 1436 Peny Avenue
(b) 1423 Brown Street (c) 1434 Perry Avenue
(e) 1432 Perry Avenue
AMI may request a change in address through a written request. Upon approval from
Augusta, AMI may be reimbursed.
3. Construction Cost
An amount not to exceed $131,000.00 expended by AMI from Year 2007 HOME funds for
construction costs related to the development of 5 affordable single family housing units in the
Perry - Brown Corridor Project. 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 & developer's fees only. These units will be constructed by AMI
and sold to eligible low and very-low income home buyers.
4. Affirmative Marketing
An amount not to exceed $ 2,000.00 shall be expended by AMI to support the costs related to
Affirmative Marketing expenses. AMI will provide appropriated documentation to support
related expenses. It is the responsibility of AMI to take affirmative actions to insure that
applicants are employed, and that employeeslhomeowners are treated fairly without regard to
their race, color, religion, sex, national origin or familial status.
C. Program Location and Soecific Goals to be Achieved
AMI shall conduct project development activities and related services in its project area (also
known as the Florence Street Community) that incorporates the following boundaries: Holley
Street on the West; 12th Street on the East; Wrightsboro Road on the South; and Laney
Walker Boulevard on the North and its designated geographic boundaries approved by AHCD.
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D. Proiect Eligibilitv Determination .
It has been determined that the use of HOME funds by the Antioch Ministries, Inc. will be in
compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, AMI 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 ll. BUDGET AND MEmOD OF PAYMENT
Antioch Ministries, Inc. 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. C.2 of this Agreement. AMI, its directors, officers and staff will carry out and oversee the
implementation of projects to be funded with HOME funds. Antioch Ministries, Inc. 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, Antioch Ministries, Inc., 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 Antioch Ministries, Inc., a maximum of $ 200,000.00 under this
agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services,
subject to AMIs 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 AMIs 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.
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. Antioch Ministries, Inc. will make reasonable efforts to secure additional funding sources
using the $ 200,000.00 in HOME funds awarded under this agreement as leverage to support
the "Peny- Brown Corridor Revitalization Project".
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B. Timetable for Comt>letion of Project Activities
1. Antioch Ministries, Inc. shall obligate the designated HOME funds within thirteen-13 months
of the date of execution of this Agreement. Based on the budget outlined in C.2 below, AMI
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""""'.........!lI ., *
1. Antioch Ministries, Inc. shall be paid a total consideration of$200,000.00 for full performance
. of the services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the AMI. It is also understood by both parties to this contract that the
funding provided under this contract for this specific project shall be the only funds provided
by Augusta - unless otherwise agreed to by Augusta and Antioch Ministries, Inc.
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2. Antioch Ministries, Inc. shall adhere to the following budget in the performance of this
contract.
A.
Proiect Activity Cost
$ 200,000.00
Acquisition
Demolition and Clearance
Construction - Infrastructure
Affirmative Marketing
52,000.00
15,000.00
131,000.00
2,000.00
TOTAL HOME PROJECT COST:
$ 200,000.00
ARTICLE ill - 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).
A. Resale Provisions f24 CFR 92.254(5)(i)]
If the initial purchaser of the property sells the home during the 20-year loan period, Antioch
Ministries, Inc., has the "right of first refusal" to repurchase the property for subsequent resale
to other HOME Program-eligible purchasers. If Antioch Ministries, Inc. exercises its right of
first refusal and then sells 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.
B. Recaoture Provisions f24 CFR 92.254(5)(ii)]
If the eligible homebuyer (who received down payment assistance [HOME Program] funds
from Augusta) sells their property, then Antioch 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.
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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
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ARTICLE V. DOCUMENTATION AND PAYMENT
The term of this agreement shall commence on the date when this agreement is executed by Augusta
and the AMI (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.
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
the Antioch Ministries, Inc., or any subcontractor hereunder. All payments to the AMI by
Augusta will be made on a reimbursement basis.
B. Antioch Ministries, Inc. 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. Antioch Ministries, Inc. shall maintain a separate account and accounting process for HOME
funding sources.
D. Antioch Ministries, Inc. shall not use these funds for any purpose other than the purpose set
forth in this Agreement.
E. Subject to AMI'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 Antioch Ministries, Inc. 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. Antioch Ministries shall maintain an adequate financial system and internal fiscal controls.
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
Antioch Ministries.
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ARTICLE VI.' REP AYMENTIPROGRAM INCOME
A. Antioch Ministries, Inc. may retain all the proceeds generated from a CHDO development
activity. The proceeds shall be used in the following manner:
4. HOME - eligible activities .
4, 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.
F'
l_li__B.'.....t,"" A!L:f.!1nds retained by Antioch Ministries, Inc. 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. Antioch Ministries, Inc. 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 of the proceeds.
E. Any real property under Antioch Ministries, Inc., 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
Vll. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
A. Antioch Ministries, Inc. 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
B. To document low and moderate-income benefits required in 24 CFR 570.200(a) (2). Anticoh
Ministries, Inc. shall maintain records that document all clients served with HOME funds. In
addition, AMI 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 Antioch Ministries, Inc., shall
provide the information and verification described above.
C. Antioch Ministries, Inc. shall prepare and submit reports relative to this project to Augusta at
Augusta's request. Augusta shall supply AMI with the following report forms and require the
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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. Antioch Ministries, Inc. 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. Antioch Ministries, Inc. 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, Antioch Ministries, Inc. 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, Antioch Ministries, Inc. shall provide to
Augusta an organization -wide audited financial statement consisting of a balance sheet,
income statement and a statement of changes in its fmancial 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 Antioch
Ministries, Inc. 's fiscal year. The Antioch Ministries, Inc. 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 Antioch Ministries, Inc. 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. Ooen Records Disclosure: Antioch Ministries, Inc.'s records related to this Agreement 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). Antioch Ministries, Inc. agrees to comply with the Open
Records Act should a request be submitted to it. Further, Antioch Ministries, Inc. agrees to
comply with the provisions of the Open Meetings Law and the following compliance
measures will be taken: Antioch Ministries, Inc. 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 riot be denied admittance to the Antioch Ministries, Inc.'s board
8
meetings, except for such portions of the meeting as maybe closed pursuant to the Open
Meetings Law. Antioch Ministries, Inc. 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
vm ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
Antioch Ministries, Inc. agrees to comply with the conflict of interest provisions contained in"""
24 CFR 85.36,570.611, OMB Circular A-II0 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 Antioch Ministries, Inc.. 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. Antioch Ministries,
Inc. 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. Antioch Ministries, Inc. 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 Antioch Ministries, Inc.. In such instances, Antioch
Ministries, Inc. 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 Antioch
Ministries, Inc..
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
Antioch Ministries, Inc. 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
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activity is to use the fair housing symbol and language in AMIs publications and/or
advertisements. (24 CFR570.601).
B. Non-Discrimination
Antioch Ministries, Inc. 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 Propertv
Antioch Ministries, Inc. 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
1. General: Antioch Ministries, Inc. 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, AMI will adhere to the Davis-Bacon Act (40 USC 276), as amended,
which requires all laborers and mechanics working on the project to be paid not less
than prevailing wage-rates as determined by the Secretary of Labor. By reason of the
foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC
327 et seq.) also applies. These requirements apply to the rehabilitation of residential
property only if such property contains eight or more units. (24 CFR 570.603)
2. Labor Matters: No person employed in the work covered by this contract shall be
discharged or in any way discriminated against because he or she has filed any
complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable
hereunder to his or her employer. (24 CFR 570.603)
E. Environmental Standards
Antioch Ministries, Inc. 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), Antioch
Ministries, Inc. 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
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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
Antioch Ministries, Inc. 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 Emolovrnent
Antioch Ministries, Inc. agrees to comply with Executive Order 11246 and 12086 and the
regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be
discriminated against on the basis of race, color,' religion, sex or national origin. Antioch
Ministries, Inc. will in all solicitations or advertisements for employees placed by or on behalf
of Antioch Ministries, Inc., state that all qualified applicants will' receive consideration for
employment without regard to race, color, religion, sex, national origin or familial status.
I. Emolovrnent and Business Opportunities
Antioch Ministries, Inc. 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, Antioch Ministries, Inc. agrees to comply with the Lead Based Paint
Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in
residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to
notification of the hazards of lead-based paint poisoning and the elimination of lead-based
paint hazards.
K. Debarred. Susoended or Ineligible Contractor
Antioch Ministries, Inc. 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, AMI 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.
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M.
Publicity
I
,
I
I
i
Any publicity generated by Antioch Ministries, Inc. 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. Timelv Exoenditure of Funds
In accordance with 24 CFR 85.43, if Antioch Ministries, Inc. 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 Antioch Ministries, Inc. shall obligate and
expend its funds as designated under ARTICLE II. (B).
o. Comoliance with Laws and Permits
Antioch Ministries, Inc. 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. Antioch Ministries, Inc.
agrees to obtain all necessary permits for intended improvements or activities.
P. Assignment of Contract
Antioch Ministries, Inc. shall not assign any interest in this contract or transfer any interest in
the same without the prior written approval of Augusta.
Q. Equal Emoloyment Opoortunity
Antioch Ministries, Inc. 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.
R. Affirmative Action
Antioch Ministries, Inc. will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or familial status. Antioch
Ministries; Inc. 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 Antioch Ministries, Inc. 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. Antioch Ministries, Inc. 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. Antioch Ministries, Inc.
12
agrees to make efforts to encourage the use of minority and women-owned business
enterprises in connection with HOME supported activities.
S. Religious Influence
Antioch Ministries, Inc. 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. Antioch Ministries, Inc. will not discriminate against any person applying for shelter
on the basis of religion. Antioch Ministries, Inc. 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 Antioch Ministries, Inc. has indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution of this
Contract.
u. Travel
If applicable, Antioch Ministries, Inc. 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 Regulation~ are applicable (41 CFR Part 301).
v. Construction Requirements;.. SEE APPENDIX C
All housing units [rehabilitated, reconstructed or 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 [HQSJ. 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 Antioch Ministries, Inc. materially fails to comply with any terms of this
agreement, including the timely completion of activities as described in the timetable and/or
contained in ARTICLE I, Scope of Services, Augusta may withhold cash payments until
Antioch Ministries, Inc. cures any breach of the agreement. If Antioch Ministries, Inc. fails to
cure the breach, Augusta may suspend or terminate the current award of HOME funds for the
Antioch Ministries, Inc.'s program.
B. Notwithstanding the above, Antioch Ministries, Inc. 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 Antioch
Ministries, Inc. for the purposes of set off until such time as the exact amount of damages is
determined.
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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 Antioch Ministries, Inc. for documented
committed eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, Antioch Ministries, Inc.
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
Antioch Ministries, Inc. will receive all notices at the address indicated below:
Antioch Ministries, Inc. Community Development Corporation
P.O. Box 6, 1454 Florence Street
Augusta, Georgia 30903
ARTICLE XII.
INDEMNIFICATION
Antioch Ministries, Inc. 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, Antioch Ministries, Inc. 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.
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ARTICLE XIll.
INSURANCE AND BONDING
Antioch Ministries, Inc. 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, Antiochc Ministries, Inc. shall procure and
provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering
all personnel of Antioch Ministries, Inc. handling or charged with the responsibility for handling funds
and property pursuant to this contract. Antioch Ministries, Inc. 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, Antioch Ministries, Inc. shall procure officers and directors liability insurance under
policies to be approved by the Augusta. All ofthe 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 Antioch
Ministries, Inc. 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 Antioch Ministries, Inc. 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.
15
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
aboye:
~BY:
AUGUSTA. GEORGIA
(Augusta) , ' .. ~ kLJ/
C'!~m~'~ If/(
DavI S. Copen er
- As Its Mayor '
ATTEST:
ATTEST:
ANTIOCH MINISTRIES INC. COMMUNITY DEVELOPMENT CORPORATION
(Grantee)
~
By:
16
APPENDIX A
i
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!
Statutes:
A '
24 CFR Part 92, HOME Investment Partnerships Program ("HOME")
OMB Circular A-II0 - 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 ofHi~er 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 - HOD 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
Antioch Ministries, Inc. 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: April 15, 2007, July 15,20073, September 15,2007 and December 15,2007.
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.
18
,.Yo.
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 19 I 0 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 197~).
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 willbe 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
19
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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EXHIBIT "A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Community Development Department agrees to provide up
to $200,000.00 in Year 2007 HOME Investment Partnerships Funds to the Antioch Ministries,
Inc. These funds will support acquisition' and new construction with the production of
approximately 5 affordable single family residential units in connection with the continuation
of the Perry - Brown Corridor Revitalization Project.
2. In connection with the acquisition of HOME funded development sites, AMI shall submit to
HCD an overall land development plan. This plan should identify the proposed properties to
be acquired in connection with the phased implementation of the Peny - Brown Corridor
Revitalization Project. Prior to the purchase of any HOME funded development sites, AMI
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 AMI in accordance with a payment schedule outlined in the construction contract
between AMI and the Contractor.
4. AMI will provide the lots on which all new affordable homes are to be built under this
agreement and in connection with the Peny-Brown Corridor Revitalization Project.
5. With HCD approval, AMI 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. AMI 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. AMI must make sure contractor obtains and posts all permits on job site. Prior to
releasing final payment on each house, AMI must also secure a Certificate of Occupancy
from the contractor that has been issued by the Department of Licenses and Inspection.
d. AMI must collect progress and final lien releases from the contractor, subcontractors and
material suppliers prior to making a payment to a contractor.
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e. HCD may continually inspect each house for contract compliance and to determine the
percent of completion prior to processing a draw request and releasing payment. HCD
may elect to make up to five (5) payments per house. HCD may choose not to release
payments if the work being performed is not of acceptable quality to HCD and if the house
is not being built or rehabilitated in accordance with plans and specifications, or' if project
is not on schedule.
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, AMI may leave HOME, development funds in a house as a second
mortgage permanent loan to the_ purchaser. AMI will, however, be required to assign these
loans to HCD once they have been executed.
Project Develooer Fees
a. AMI 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
HCD or his/her designated representative prior to payment to grantee.
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I
Ie
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 e
Builders Risk Insurance
Construction Interest on Bank Loans
Closing Cost
Other- Specify
Total Estimated Soft Costs
Per S.F. Cost
DEVELOPMENTCOSTS~Y
PROPOSED DEVELOPMENT COSTS
PROPOSED SALE PRICE
NON-PROFIT FUNDS
HOME FUNDS REQUESTED
PROJECTED HOME SUBSIDY
SF
SF
SF
SF
SF
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EXHIBIT "C"
PROJECT SCHEDULE OF COMPLETION
AMI MUSTPROVIDEA COMPLETED SCHEDULE OF COMPLETION AS EXHIBITC- WITH
APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYSAFTERSIGNING THIS
AGREEMENT. THIS SCHEDULE MUST BE PROVIDED INSUFFICIENT DETAIL TO PERMIT
HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED BELOW.
24