HomeMy WebLinkAboutContract Between East Augusta Comm. Developm.Corp.
Augusta Richmond GA
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DOCUMENT FLOW
(Office Of The Administrator)
DATE: July 2, 2001
TO: Bob YounQ, Mavor
FROM: Alexandra Alston, Executive Secretary
DOCUMENT ATTACHED: Contract between East AUQusta Comm. Developm. Corp. and AUQusta (from K.
Mack, dated 6-21.01) ,
ACTION REQUIRED:
Initial/Forward/ Return to Administrator's Office
RETURNED BY:
DATE:
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(ADMINISTRATOR'S OFFICE USE)
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RETURNED TO:
DATE:
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INITIALS:
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MEMORANDUM
TO:
George R. Kolb via James B. Wall
FROM:
Keven J. Mack
Date:
June 21,2001
SUBJECT: Please authorize for the Mayor's signature per attached agreement
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CONTRACT
THIS Contract is made and entered into effective the 22nd day of May, 2001, by
and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter
"AUGUSTA"), and East August Community Development Corporation, a Georgia corporation
(hereinafter "CHDO").
WHEREAS, AUGUST A has sought. and received designation as a participating
jurisdiction under the HOME program established under Title II of the National Affordable
Housing Act, and has received an entitlement allocation of HOME funds from the U.S.
Department of Housing and Urban Development; and
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WHEREAS, it is required that fifteen percent (15%) of the allocated HOME funds be set
aside for use of a designated Community Housing Development Corporation; and
WHEREAS, Augusta deems it desirable to enter into an agreement with CHDO, a
designated Community Housing Development Corporation, for the day-to-day conduct of a
HOME program under aforementioned federal authority, while at the same time reserving to
AUGUST A complete authority and responsibility for the approval of such a HOME program, its
budget and the terms under which it will be conducted. '
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as
follows:
1. OBLIGATION OF 1998 (Reprogrammed) HOME FUNDS TO THE CHDO
In consideration for the tasks to be performed by the CHDO Under the terms of this
Contract, AUGUSTA, through its Housing & Neighborhood Development Department ("HND"),
shall allocate to CHDO 1998 HOME (Reprogrammed) Funds in the total amount of Fifty
Thousand and no/IOO Dollars ($50,000.00), conditioned upon the CHDO's compliance with all
terms and conditions of this Contract. Fund repayment (program Income), if any, shall be,
administered in accordance with Section 9.j.iii. and iv. below. CHDO agrees that all
expenditures of HOME Funds provided to the CHDO by AUGUSTA pursuant to this Contract
shall be made solely in accordance with the Budget set forth in Exhibit liB" attached hereto and
incorporated herein by reference or such subsequent Budget(s) approved inwriting by
AUGUSTA. CHDO agrees to execute such other documents as may be deemed necessary by
AUGUSTA.
OS/21/01
2.
OTHER SOURCES OF FUNDS
It is expressly agreed and understood that the total amount of 1998 HOME
(Reprogrammed) funds obligated by AUGUSTA to the CHDO pursuant to this Contract is
$50,000.00. Any costs of the CHDO for performance of services under this Contract which
exceed $50,000.00 are the sole responsibility ofthe CHDO. It is the sole responsibility of the
CHDO to secure any additional funding necessary to complete the Scope of Services outlined in
Exhibit "A." Should HND request, the CHD.O shall furnish to HND, priorto the release of
HOME funds, evidence satisfactory to HNDthat the CHDO can raise, any additional funds
necessary to enable the CHDO to complete said Scope of Services.
3. SCOPE OF WORK/NAT'ONAL OBJECTIVES,
As part of AUGUSTA's Home Investment Partnership Program (HOME), CHDO will
undertake all tasks to be performed as described in Exhibit "A" (both attached hereto and
incorporated as a part hereof by reference), in accordance with the specific terms and conditions
of Exhibit "A." Actual project sites, houses" construction timetables, sales prices, funding
amounts, and any other information deemed necessary for a clear and concise contract agreement
will be specified in Exhibit "B." Each new project added by amendment to Exhibit "B"
subsequent to the effective date ofthis'Contract must be reviewed and approved in writing by the
Director of AUGUSTA's Housing & Neighborhood Development Department ("HND") prior to
any action being taken as to said project. , '
It is expressly understood by the CHDO that the national objective to be accomplished
under the terms of the Act is that of direct benefit to persons and families of lower-income and
very-l<?w-income to the exclusion of all others.
4. TERM; TERMINATION
a. The term of the Contract shall commence on February 1, 2001, and shall
remain in effect for the period of affordability required by 24 CFR 92:.252 or 92.254, unless
earlier terminated a.s set forth below. '
b. 24 CFR 92.504(c)(13) contains provisions for the enforcement of this
Contract. In accordance with 24CFR 85,43, this Contract may be suspended or tertninated prior
to the expiration of the tenn by unanimous written agreement by the parties. AUGUSTA may
also unilaterally terminate or suspend this Contract, in whole or in part, upon ten (10) days'
written notice from AUGUSTA to the CHDO for the following reasons:
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L Failure to perform the services set forth in the Scope of Services
and requirements incident thereto.
11. Failure to comply with the provisions of this Contract.
111. Making'unauthorized or improper use of funds provided under this
Contract.
IV. Submission of an application, report or other documents pertaining
to this Contract which contains misrepresentation of any material
aspect.
v. ' The carrying out of the tasks to be performed or the objectives of
this Contract is rendered improvable, unfeasible, impossible, or :
illegal.
VI. Failure ofthe U. S.Department of Housing and Urban
Development (HUD) to make funds available or ifHUD suspends
funds for any reason.
V11. For the convenience of AUGUSTA in accordance with 24 CFR
85.44.
Termination or suspension shall not affect otherwise valid and allowable obligations
incurred in good faith prior to receipt of a notice of termination or suspension.
5. DAY-TO-DAY OPERATION AND ADMINISTRATION
Day-to-day operation and administration of the HOME Program which is the subject of
this Contract, including accounting responsibilities, shall be performed by and be the
responsibility of CHDO.
6. CHDO CONTRACTS,
CHDO may enter into contracts for necessary assistance in completing the tasks to be
performed under this Contract Such contracts shall be in accordance with applicable law
and regulations; and further, CHDO shall be responsible for the work performed by such
contractors and for all expenditures made under such contracts. ANY SUCH CON-
TRACTS MUST BE APPROVED IN WRITING BY AUGUSTA PRIOR TO
INCURRING ANY COST FOR SERVICES.
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7.
REGISTERED ARCHITECT
The CHDO shall retain an architect either by direct contact or, at its option, as referred by
, HND, who is registered in Augusta, Georgia and holds membership in the American
Institute of Architects Jor profe~sionaldesign services. The CHDO's architect shall
produce all necessary drawings; consult with the parties to this contract as needed;
monitor and certify the proper completion of work under the anticipated construction
contracts; process any needed change orders under the anticipated construction contracts.
The CHDO's architect shall prepare a standard American Institute of Architects (AIA)
construction contract for his job that shall be modified to include any necessary
provisions given by AUGUSTA. The CHDO shall provide AUGUSTA with a copy of
the contract for architectural services.
8. KEY PERSONNEL
a. The CHDO shall assign to this Contract its following key personnel:
(1) President & CEO
(2) Executive Director
(3) Project Manager
b. During the term of this Contract, the CHDO shall notify Augusta
immediately in writing upon substitution of any key personnel. Proposed
substitutes should have comparable qualifications to those of the persons
being replaced. '
9. COMPLIANCE WITH LAWS, RULES AND REGULATIONS
a. The CHDO agrees to comply with all applicable federal, state, and local.
laws and regulations governing the funds provided under this Contract. r
b.
The CHDO agrees that no funds provided, nor personnel employed under
this contract, ,shall be in any way or to any extent engaged in the conduct
of political activities in violation of Chapter 15 ,of Title V of the United
States Code.
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c. If this contract results ill any copyrightable material, CHDO and/or grantor
agency reserVes the right to royalty-free, nonexclusive and irrevocable
license to reproduce, publish or otherwise use and to authorize others to
use, the work for government purposes.
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d.
The CHJjo agrees to comply with the requirements of Title 24 Code of
Federal Regulations, Part 92 of the Housing and Urban Development
regulations concerning HOME and all federal regulations and polices
issued pursuant to these regulations. The CHDO further agrees to utilize
funds available under the contract to supplement rather than supplant
funds otherwise available.
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e.
If the CHDO receives more than 33 1/3% of its funds from taxpayer
, sources, it will be subject to the Georgia Open Meetings Law.
Accordingly, the CHUO will take the following compliance measures: it
will ,notify the Augusta Chronicle, the Augusta Focus, and/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 AUGUSTA.
The press, the public, and AUGUSTA shall not be denied admittance to
the CHDO's board meetings. The CHDO shall provide to AUGUST A a
tentative schedule of the Board of Directors meetings to be held during the
2001 and 2002 program years and a copy of the advertisement to be
published in the newspaper. A tear sheet of the advertisement shall also be
submitted.
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f. Section 3 Compliance.
1. Compliance. Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR 135, and all applicable rules and
orders issued hereunder prior to the execution of this contract, shall
be a condition of the federal financial assistance provided under t
this contract and binding upon AUGUSTA, the CHDO and any
subcontractors. Failure to fulfill these requirements shall subject
.the Grantee, the CHDO and any subcontractors, their successors
an4'assigns, to those sanctions specified by the agreement through
which federal assistance is provided. The CHDO certifies and
agrees that no contractual or other disabilitY exists which would
prevent compliance with these requirements.
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The CHDO further agrees to comply with these "Section 3"
requirements and to include the following language in all
subcontracts executed under this contract: "The work to be
performed under this contract is a project assisted under a program
providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of1968, as amended, 12 U.S.C. 1707. Section 3
requires that to the greatest extent feasible opportunities for
training anq employment be given to lower income residents of the
project area and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in
sll:bstantial part by persons residing in, the areas ofthe project."
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11. Notifications. The CHDO agrees to send to each labor
organization or representative of workers with which it has a
collective bargaining agreement or other contract or understanding,
if any, anotice advising said labor organization or worker's
representative of its' commitments under this Section 3 clause and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment training.
111. Subcontracts. The CHDO will include this Section 3 clause in
every subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Grantor Agency. The CHDO will not
subcontract with any subcontractor that has not first provided it
with a preliminary statement of ability to comply with the
requirements of these regulations.
g. Civil Rights.
1. Compliance. The CHDO agrees to comply with Title VII of the
CiYil Rights Act of 1964 as amended, Title yrn of the Civil Right
Act of 1968 a~ amended, Section 109 of Title I of the Housing and
Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of
1990, the Age' Discrimination Act of 1975, Executive Order 11063,
and with Executive Order 11246 as amended by Executive Orders
-11375 and 12086.
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AUGUSTA shall provide the CHDO with any guidelines necessary
for compliance with that portion of the regulations in force during
the term of this contract. "Program accessibility" is a key term in
section 504. CHDO will have afforded equal opportunities to
'disabled people if its programs, activities, and services, when
viewed in their entirety, are accessible. It is important to
emphasize that achieving program accessibility does not
necessarily require the alteration of facilities. Section 504 does not
mandate the alteration of any existing, facilities or the construction
of any new buildings. In many cases, achieving program
accessibility will mean making presently inaccessible buildings
accessible. However, section 504 does not require that buildings
be accessible, it requires that programs be accessible; Whenever
methods other than facility renovation and construction are
successful in achieving program accessibility (e.g., moving
programs or activities to accessible locations), the time and
expense of facility renovation may be avoided.
As, emphasized in the government-wide regulations, no qualified
handicapped person shall, because a recipient's facilities are
inaccessible to or unusable by disabled people, be denied the
benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity Section
504 does not require a CHDO to establish a barrier-free
environment. Physical barriers may exist in a CHDO's facilities if
they do not hinder the full participation of disabled people in each
program and activity, when it is viewed in its entirety. The "in its
entirety" concept means that all elements of a program or activity
need not be accessible in order to meet the section 504
requirements' and offer disabled people; opportunities for full
participation. When an entire program or activity is analyzed,
however, equal opportunities for full participation must exist. For
example, if an educational institution that is a grantee offers a
course of instruction with several sections, every section of the
course need not be accessible to disabled people. If enough
accessible sections are available to permit full participation by
disabled people, program accessibility will be achieved.
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h. Affirmative Action
1. Approved Plan. The CHDO agrees that it shall b~ committed to
carry out pursuant to AUGUSTA's specifications an Affirmative
ActionProgram in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1965.
AUGUSTA shall provide Affirmative Action guidelines to the
CHDO to assist in the formulation of such program. The CHDO
shall submit a plan for an Affirmative Action Program for approval
prior to the award of funds.
11. W IMBE. The CHDO will use its best efforts to afford minority
and women-owned business enterprises the maximum practicabl6
opportunity to participate in the performance of this contract. As;
used in this contract, the term "minority and female business
enterprise," means a business at least fifty-one (51) percent owned
and controlled by minority group members or women. For the
purpose of this definition, "minority group members" are African-
Americans, Spanish-speaking, Spanish surnamed or written
representations by CHDOs regarding their status as 'minority and
female business enterprises in lieu of an independent investigation.
111. Access to Records. The CHDO shall furnish and cause each of its
subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts
by AUGUSTA, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with
the rules, regulations and provisions stated herein.
IV.
Notifications. The CHDO will send to:each labor union or
representative or workers with which it has a collective bargainirig
agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor
union or worker's representative of the CHDO's commitments
hereunder, and shall post copies of the notice in conspicuous places
available !o employees and applicants for employment.
c.
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VI.
EEO/AA Statement. The CHDO will, in all solicitations or
advertisements for employees placed by or on behalf of the CHDO,
state that it is an Equal Opportunity or Mfirmative Action
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V11. Subcontract Provisions. The CHDO will include the provisions of
Section 10~b. and c., Civil Rights and Affirmative Action, in every
subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each subcontractor or vendor.
1. Employment Restrictions
1. Prohibited Activity. The CHDO is prohibited from using funds
provided herein or persOlmel employed in the administration of the
program for political activities; sectarian, or religious activities;
lobbying, political patronage, and nepotism activities.
11. OSHA. 'Wh~re employees are engaged in activities not covered
under the Occupational Safety and Health Act of 1970, they shalL
not be required or permitted to work, be trained, or receive servic,es
in buildings or surroundings or under working conditions which
are unsanitary, hazardous or dangerous to the participants' health or
safety.-
lll. Right to Know. Participants employed or trained for inherently
dangerous occupations, e.g., fire or police jobs, shall be assigned to
work in accordance with reasonable safety practices.
IV. Labor Standards. The CHDO agrees to comply with the
requirements of the Secretary of Labor in accordance with the
Davis-Bacon Act as amended, the provisions of Contract Work
Hours, The Safety Standards Act, the Copeland "Anti-Kickback"
,Act (40 U.S.C. 279,327-33) and all other applicable federal, state
and local laws and regulations pertaining to labor standards insofar
as those acts apply to the performance of this contract. The CHDO
shall maintain documentation which demonstrates compliance with
hour and wage requirements of this part. Such documentation shall
be made availab,le to AUGUSTA for review upon request.
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The CHDO agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for
less than eight (8) households, all contractors engaged under
contracts in excess of$2,000.00 for construction, renovation or
repair of any building or work financed in whole or in part with
assistance provided under this contract, shall comply with federal
requirements of the regulations of the Department of Labor, under
29 CFR, Parts 3, 1,5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journeymen; provided, that if
wage rates higher than those required under the -regulations are
imposed by state,or local law, nothing hereunder is intended to
relieve the CHDO of its obligation, if any, to require payment of
th~ higher wa'ge. The CHDO shall cause or require to be inserted
in full, in all such contracts subject to such regulations, provisions
meeting the requirements of this paragraph, for such contracts in'
excess of$10,000.00.
J. Additional Federal requirements
, This Contract is subject to the provisions provided for in both the regulations for the
HOME Program, 24 CFR Part 92 and'the CDBG Program, 24 CFR Part 570. CHDO
understands that the use of HOME Funds provided by AUGUSTA pursuant to this Contract must
comply with all of these regulations, only some of which are discussed in detail in this Contract.
1. Use of HOME Funds. HOME Funds shall be used by CHDO for
the purposes and objectives stated in Section 1, Scope of
WorklNational Objectives and Exhibits "A" and "B" of this
Contract, and for no other purpose(s).
11. Affordabi1ity. Rental housing or housing that is for acquisition by
a family must meet the affordability requirements of 92.252 and
92.254, if applicable.
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RepaymentJProgram Income. The receipt and disposition by
CHPO of Repayments as defined in 24 CFR 92.503(b) shall be in
accordance with provisions of24 CFR 92.504(c){3) which
provides that all repayment interest and other return on the
investment of HOME funds shall be remitted by the CHDO to
AUGUSTAunless otherwise specified. Where HOME funds are
used to construct or rehabilitate homes for sale to eligible buyers,
repayment shall be remitted to AUGUSTA in accordance with the
following procedure:
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a. The CHDO is to retain seventy-five percent (75%) of the
HOME funds it draws down under this contract to construct
or rehabilitate houses for sale to eligible home buyers. The
funds to be retained shall include second mortgage notes
and cash return on investment providing' the 'combined total
retained equals seventy-five percent F5%) ofthe amount
drawn down to rehabilitate or construct each house.
b. The twenty-five percent (25%) offunds drawn down that
can be kept by the CHDO include projeCt developer fees.
The CHDO may also keep any interest it earns on funds it
recovers through the sale of each house.
c. Should the cost of developing a property for sale to a home
buyer exceed the appraised value Is ale price ofthe property,
CHDO will retain no less than $7,500 of the 25% of
HOME funds it used to develop the property. It will apply
the balance, if any, of the 25% of HOME funds toward
writing down the cost of development to the appraised
value/sale price of the house. If after doing this additional
write-down funds are needed, CHDO may reduce the
HOME funds it is to retain -- 75% of HOME funds used --
by the needed amount.
d. The amounts provided in this Section for maintenance by
the CHDO may be adjusted such that the CHDO is allowed
to maintain a hirger percentage of the funds if the CHDO
demonstrates, to the satisfaction ofHND, that it requires
additional funds for operation. '
IV. Where HOME funds are used to construct or rehabilitate homes to be
rented to tenants (with prior approval by HND as required by Exhibit
A), CHDO, may retain all funds in accordance with the 'following
procedure:
All funds retained by CHDO must be used for HOME-Eligible
Activities or other housing activities to benefit low-income
families asTeq!lired by 24 CFR 92.300 (a)(2).
v. CHDO shall comply with Project Requirements of Subpart F of24
CFR 92 as applicable in accordance with the type of project
assisted. Applicable sections are: .
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a. 92.250 Maximum per-unit subsidy.
b. 92.251 property standards. The AUGUSTA HND's
Rehabilitation Standards for the HOME Program (attached
as Exhibit "C") are the standards for all activities involving
rehabili tation.
c.
92.252 Concerning rental housing; if applicable.
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d.
92.253 Tenant and participan,t protection.
e. 92.254 Qualifications as affordable housing for
homeownership.
f. Converting rental units to homeownership units for existing
tenants.
g. 92.257 Religious organizations.
h: 92.258 Limitations on the use of HOME Funds with FHA
mortgage insurance.
1. CHDO shall require that the owners of all rental housing
assisted with HOME Funds maintain said rental housing in
compliance with applicable Housing Quality Standards and
, AUGUST A's Housing Code requirements for the duration
of this Contract.
J. CHDO shall comply with the affirmative marketing
procedures set forth in 24 CFR 92.351.
VI. CHDO shall not request disbursement of funds under this Contract
until the funds are needed for payment of eligible costs. The
amount of each request must be limited to the amount needed.
Vll. Upon expiration or termination of this Contract, the CHDO shall
make certain remittances to AUGUSTA in accordance with
Section 14 herein.
V11l. CHDOshall maintain records and submit reports to AUGUSTA as
required by CFR 92.508 and as maybe required by AUGUSTA.
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IX. All written agreements between the CHDO and third parties for
HOME Program assistance or utilizing HOME Program Funds
must specify that the agreement will remain in effect for the period
of affordability required by AUGUSTA and as required under 24
CFR 92.252 or 92.254.
10. UNIFORM ADMINISTRATIVE REQUIREMENTS.
a. Financial Management
1. Accounting Standards
The CHDO agrees to comply with OMB Circular A-B3 and agrees to'adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
11. Cost Principles
The CHDO shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non-Profit Organizations" for all cost incurred whether charged on a direct
or indirect basis.
b. Documentation and Record Keeping
1. Records to be Maintained
The CHDO shall maintain all records required by the federal regulations specified in 24
CFR 92, _and that are pertinent to the activities to be funded under this contract. Such records
shall include but are not limited to the items listed below:
a. Records of the efforts to maximize participation by the
private sector as required by 92-200;
b. Records providing a full description of each activity
assisted with HOME funds, including its census tract
location, the amount of HOME funds budgeted, committed,
and expended for the activity;
c. Records that demonstrate that each project meets the
property standards in 92.251;
d.
,Records that demonstrate that each rental housing project
meets the requirements of 92.252 for the required period of
affordability. Records must be kept for each family
assisted;
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e. Records that demonstrate compliance with the requirements
of92.253 for tenant and participant.protections; and
f. Records that demonstrate compliance with the requirements
in 92.254 for affordable housing: homeownership,
including the initial purchase price, appraised value, and
after rehabilitation value of the property. Records must be
kept for each family assisted.
Specific record keeping requirements are as follows:
The CHDO shall enter into construction contracts for the completion of the work
contemplated under this Contract and shaH follow the required procedures as set forth in this ~
Contract.
The CHDO shall maintain all records necessary to monitor progress on the construction.
The CHDO's architect, pursuant to Exhibit "A," shall provide AUGUSTA with pay request
, approvals and monthly field inspection reports, during the course of the construction including a
final report upon completion of the job. Any changes in the construction contracts governed by
this contract shall be done by written change order issued by the CHDO's architect. AUGUSTA
shall be provided with copies of any change orders. No changes in the work to be performed
under the contracts are to be undertaken on the basis of verbal instructions. The CHDO's
architect shall certify that all completed work has been performed in accordance with plans and
specifi~ations included iil the contracts prior to approval of the contractor's pay request. The
CHDO's architect shall certify that all necessary permits and inspections have been obtained by
the contractor.
CHDO is solely responsible for maintaining the rental housing assisted with HOME
funds 'arid for ensuring that the housing is in compliance with applicable Housing Quality
Standards and local housing code requirements for the duration of this contract.
AUGUSTA must review and approve rents proposed by theCHDO for units with "flat
rent" and all units subject to the maximum rent limitations. AUGUSTA must also review and
approve the monthly allowances proposed by the CHDO for utilities and services to be paid by
the tenant. The CHDO must reexamine t~e income of each tenant household living in low-
income units at least annually. The maximum monthly rent must be recalculated by the CHDO
and reviewed and approved by AUGUSTA annually. The monthly rent charged may change as
changes occur in the applicable gross rent amounts, the income adjustments, or the monthly
allowance for utilities and services. Any increase in rents for lower income units is subject to the
provision of outstanding leases. If the monthly rent amount increases, the CHDO must provide
tenants of those units not less than 30 days prior written notice before implementing the increase
in rents.
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Records of fees charged to tenants and the amount of these fees shall be maintained.
Records shall demonstrate that all residents are given equal treatment with respect to housing
opportunities and fees charged. '
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The minimum period of affordability shall be consistent with the HOME regulatory
requirements which are as follows: 5 years where the per unit amount of HOME funds provided
is less than $15,000; 10 years where the per unit amount of HOME funds provided is $15,000 to
$40,000; 15 years where the per unit amount of HOME funds provided is greater than $40,000;
, and 20 years whenever HOME funds are used for new construction or acquisition of newly
constructed housing. Therefore, the CHDO shall be required to maintain affordable units as
stated above or the CHDO can sale the units with the above restrictions. If the affordable units
are sold, the CHDO must receive written approval from AUGUSTA. The CHDO must also
inform the new owner of the restrictions outlined in this contract.
i. The CHDO shall submit to AUGUST A a year-end report. The
report shall include a summarization of the accomplishments, statistical
information, and goals to be accomplished in the applicable funding years.
11. Retention
The CHDO shall retain all records pertinent to expenditures incurred under this contract
for a period of 15 years after the termi.nation of all activities funded under this coptract, or after
the resolution of all Federal audit findings, whichever occurs later. .
111. Client Data
The CHDO shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility. Such information shall be made available to HUD monitors or their
designees for review upon request.
IV. Progress Reports
During construction and/or rehabilitation, the CHDO shall submit monthly progress reports
to AUGUST A. The reports shall 'include the CHDO's accomplishments made during the month. The
CHDO shall also make sure that AUGUST A receives monthly inspection reports prepared by the
CHDO's architect. Draw.inspections and progress inspections may be performed by HND
inspectors.
The CIillO shall otherwise comply with applicable uniform administrative requirements, as
set forth in 24 CFR 92.505(b). 92.505(b) provides for compliance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations" and Attachments B, F, H, paragraph 2; and 0 to OMB
Circular A-110.
.16
OS/21/01
11. CLOSE-OUTS
The CHDO's obligations to AUGUST A shall not end until all close-out requirements are
completed. Activities during this close:-out period shall include: making final payments, disposing
, of program assets (including the return of all unused materials and equipment, unspent cash
advances, and receivable accoUnt to AUGUST A), and determining the custodianship of records.
12. OTHER PROGRAM REQUIREMENTS.
The CHDO shall carry out ~achactivity in compliance with all Federal laws and regulations
described in Subpart H of 24 CFR 92, except that:
a. The CHDO does not assume AUGUSTA's environmental responsibilities
under 24 CFR 92.352; and,
b. The CHDO does not assume AUGUSTA's responsibility for initiating the
review process under the provisions of24 CFR Part 52.
c. Subpart H provides that the HOME Program shall be conducted in accordance
withthe provisions of:
1. 92.350 Equal Opportunity and Fair Housing.
11. ,92.351 Affirmative marketing.
111. 92.353 Displacement, relocation and acquisition. Provided, however,
AUGUSTA expressly prohibits the use of HOME Funds assistance
for a dwelling unit that will cause an expenditure for displacementor
relocation.
IV. 92.354 Labor.
v. 92.355 Lead-based Paint.
VI.
92.356 Conflict of Interest.
.,;1,
Vll. 92.357Debannent or suspension.
Vlll. 92:3'58 Flood Insurance.
IX. 92.350 Executive Order 12372.
17
OS/21/01
The environmental effects of each activity camed out with HOME funds must be assessed
in accordance with the provisions of the National Environmental Policy Act of 1969 (NEP A) and
the related authorities in 24 CPR 50 and 58. AUGUSTA must conduct an environmental review for
each activity and obtain approval of its request for release of funds before HOME funds are
committed for the activity.
d. Air and Water
The CHDO agrees to comply with the following regulations insofar as they apply to the
performance of this contract:
* Clean Air Act, 42 U.S.c., 1857, et seq.
* Federal Water Pollution Control Act, as amended, 33 U.S~C. 1251, et seq., including
Section 1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder.
,* Environmental Protection Agency (EP A) regulations pursuant to 40 C.F .R., Part 50, as
amended.
* National Environmental Policy Act of 1969.
* HUD Environmental Review Procedures (24 CFR, Part 58).
13. HISTORIC PRESERVATION
The CHDO agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth
in 36 CFR, Part 800, Advisory Council of Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to'the performance of this contract. In general, this requires
concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years old or older or that are included on a Federal, State, or local
historic property list.
14. ,REVERSION OF ASSETS.
Arty HOME funds invested ill housing that does not meet the affordability requirements for
the period specified in Section 24 CFRP3rt92.252 or,92.254 as applicable, must be repaid by the
CHDO. Arty funds received by the CHDOfrom the transfer or sale of any real property which was
acquired or improved in whole or in part with HOME fund, must be used for HOME-eligible
activities or other housing activities to benefit low income families as required by 24 CFR
92.300(a)(2).
However, any transfer pursuant to this section shall be subject to the approvalofthe August-
Richmond County Commission. Any proceeds received from such transfer shall be used as set forth
in Section 9 herein.
I'
18
OS/21/01
15. PERFORMANCE MONITORING
a. AUGUSTA will monitor the performance of the CHDO against goals and
performance standards required herein. Substandard performance as
determined by AUGUSTA will constitute non-compliance with this contract
b. Reports and Audits. CHDO shall furnish to AUGUSTA or its designee(s) all
reports required by the United States Department of Housing and Urban
Development and such additional reports as may be necessary to comply with
all appli~able laws, regulations, guidelines and conditions specified in the
funding contracts referred to in Section 9 above; and further, CHDO shall
provide any other reports deemed reasonable necessary by AUGUSTA.
AUGUSTA, the Federal Grant agency or the-Comptroller General of the
United States or any of their duly authorized representatives shall at all times
have the right and option to monitor, inspect, audit and review the CHDO
performance and operation of the HOME Program to be performed under"this
Contract; and in connection therewith, all of the above'mentioned entities
shall have the right to inspect any and all records, books, documents, or
papers of CHDO and the contractors of CHDO, for the pmpose of making
audit examination, excerpts and transcriptions. A FINANCIAL
STATEMENT, IN A FORM APPROVED BY AUGUSTA, SHALL BE
SUBMITTED TO AUGUSTA FOR REVIEW BY THE CLOSE OF
BUSINESS ON THE TENTH (10TH) CALENDAR DAY OF EACH
MONTH DURING THE DURATION OF THIS CONTRACT. SAID
FINANCIAL STATEMENT MUST BE IN AGREEMENT WITH THE
CHDO'S RECORDS AND ACCOUNTS. THE DIRECTOR OF THE
CHDO IS RESPONSIBLE FOR REVIEWING THESE FINANCIAL
RECORDS AND VERIFYING THE INFORMATION ON. A
MONTHLY BASIS.
The CHDO hereby agrees to have an aruma1 agency audit conducted in accordance with 24
CFR parts 44 and 45 and current Augusta, Georgia policy concerning CHDO audits. The current
policy states that any CHDO receiving $300,000 or more in a program year agrees to have an annual
audit performed by an independent auditor in accordance with government auditing standards
covering financial audits and OMB Circular A-122. The audit must be an organizational-wide audit
ofthe nonprofit institution. CHDO shall provide an independent audit of HOME activities and funds
by December, 1996 and each succeeding year during the duration of this Contract Said audit shall
be conducted in accordance with 24 CFR 44 and OMB Circular A-133.
, Any deficiencies noted in the financial statements and/or audit reports must be fully cleared
by the CHDO within 30 days after receipt by the CHDO.
19
OS/21/01
Failure of the CHDO to comply with the above audit aild reporting, requirements will
constitute a violation of this Contract and may result in,the withholding of future payments.
16. DOCUMENTATION NECESSARY FOR REQUIRED ASSURANCES
CHDO shall develop and maintain documentation necessary to assure compliance with the
provisions of the National Affordable Housing Act of 1990, and any amendments thereto, and shall
provide such documentation and certification as maybe needed to AUGUSTA or its designee(s), to
execute assurance of such compliance. In addition, CHDO will furnish such information ~d
maintain such records as may be needed to enable both CHOO and AUGUSTA to meet the
requirements of the National Environmental Policy Act and the Clean Air Act, along with such
regulations as may be adopted in connection therewith by the Environmental Protection Agency, the
State of Georgia, or AUGUSTA. CHOO agrees to retain all records pertaining to HOME Program
funded activities for a period of three (3) years after completion of such activities or three (3) years
after the expiration of any contracts for HOME Program assistance, whichever is longer. Ifan audit
finding(s) is not resolved by the end of the three (3) year period, the records shall be retained until
the finding(s) is resolved.
17. PREPARATION OF THE HOME INVESTMENT PARTNERSHIP
PROGRAM (HOME) GRANT APPLICATION
AUGUSTA shall be responsible for the preparation of the formal application to the United
States Department of Housing and Urban Development for HOME Grant Funds. When requested
by AUGUSTA, CHOO shall supply to AUGUST A information necessary for the completion of such
application.
18. PERSONNEL POLICIES AND INTERNAL PROCEDURES
Personnel policies, pay scales and operating procedures of CHDO shall be the responsibility
of and shall be determined by CHDO; PROVIDED, HOWEVER, THAT CHDO IS
RESPONSIBLE FOR MAINTAINING AND MANNING A FACILITY ACCESSIBLE TO
CITIZENS SEEKING TO CONDUCT BUSINESS WITH CHDO ON EVERY WORKING
DAY OF THE YEAR. Such policies and procedures shall be in accordance with applicable laws
and regulations. Copies of such personnei policies, pay scales and internal' operating procedures,
including any amendments thereto, shall be furnished to AUGUSTA. The CHDO shall provide
Worker's Compensation Insurance coverage for all of its employees involved in the performance of
this contract.
19. COMPLIANCE WITH AUGUSTA POLICY STATEMENTS
AUGUSTA's policy statements applicable to AUGUSTA's HOME Program are attached
hereto and labeled as Exhibit "D" and are made a part ofthis Contract by reference. CHOO and all
contractors shall comply with such AUGUSTA policy statements.
20
05121/01
20.
CITIZEN PARTICIPATION
.'
The CHDO will take such actions as may be necessary or appropriate to assure ongoing
citizen participation in the subject HOME Program as required by applicable law, regulations,
guidelines and AUGUST A policy statements.
21.
CONFLICT OF INTEREST
- ;,~
No member, officer, or employee of AUGUSTA or governing body of AUGUSTA, or its
designees or agents and no other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his tenure or for one (1) year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the program assisted under this Contract.'
22. INDEMNIFICATION; INSURANCE
The CHDO shall defend, indemnify and save harmless AUGUST A from any and all,
damages, claims and causes of action against AUGUSTA for damages or injury to any person or
property arising out of, or in connection with, the performance or non~performance of CHDO, its
contractors, agents or employees under the terms of this Contract. In addition to the foregoing,
CHDO agrees to hold harmless AUGUSTA from any liability arising from th~ claims ofCHDO's
contractors or any others which CHDO might employ or obtain services or materials from in
connection with the performance of this Contract. The CHDO shall carry sufficient insurance
coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and
as a minimum shall purchase a bl~etfidelity bond covering all employees in an amount equal to
cash advances from AUGUSTA. For pllf]Joses of this Section, "AUGUSTA" means Augusta,
Georgia, the Augusta-Richmond County Commission, and their elected officials, officers, agents,
employees and representatives.
23. INDEPENDENT CONTRACTOR STATUS
, Nothing contained in this contract is intended to, or shall be constnied in any manner, as
creating or establishing the relationship of employer/employee between the parties. The CHDO shall
at all times remain an independent contraCtor with respect to the services to be performed under 'this
Contract. CHDO agrees to conduct itself in a,manner consistent with such status and further agrees
that it will neither hold itself out as nor claim to be an officer, employee or agent of AUGUSTA by
reason ofthis Contract, and that it will not;byreason ofthis Contract make any claim, demand, or
application for any right or privilege applicable to an officer, employee or agent of AUGUSTA,
including, but not limited to, workmen's compensation coverage, unemployment insurance benefits,
social security coverage or retirement membership or credit. The CHDO shall provide property
insurance in an amount satisfactory to AUGUSTA for all property purchased with HOME Program
Funds naming AUGUST A as co-insured. The CHDO shall provide a Certificate of Insurance to
AUGUSTA.
21
OS/21/01
24. LOBBYING CERTIFICATE.
CHDO shall execute a lobbying certification (Exhibit "E") annually as an inclusion in this
document.
25. BUDGETS
IT IS EXPRESSLY UNDERSTOOD BY CHDO THAT BUDGETS SHALL NOT BE
EXCEEDED IN ANY CASE. CHDO MAY REQUEST CONSIDERATION OF BUDGET
REVISIONS BY AUGUSTA. EYERY REQUEST FOR REVISION MUST BE SUBMITTED
IN WRITING. REPAYMENT OF HOME INVESTMENT FUNDS (PROGRAM INCOME)
SHALL NOT BE CONSIDERED BY CHDO AS INCREASING BUDGET CAP ACIT;Y
UNLESS APPROVAL HAS BEEN SOUGHT AND RECEIVED IN' WRITING FROM
AUGUST A.
26. GRANTOR RECOGNITION
The CHDO shall ensure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the CHDO will include a reference to the
, support provided herein in all publications made possible with funds made available under this
contract.
27. CHDO'S REPRESENTATIONS
CHDO states that it possesses experience, know-how, and ability in conducting and
performing the program which is the subject of this Contract and agrees to use such experience,
know-how and ability in its' prosecution and completion of this Contract for the benefit of
AUGUSTA. CHDO agrees to put forth its best efforts on behalf of AUGUST A herein and promis'es
to adhere to good business and professional practices in its prosecution and completion of this
Contract.
28. MISCELLANEOUS
a.
This Contract is the entire agreement between the parties as to the subject
matter herein. AUGUSTA or CHDO may amend this Contract at any time
provided that such amendments make specific reference to this Contract, are
executed in writing, signed by a duly authorized representative of both
organizations, and approved by the Augusta-Richmond County Commission.
Such amendments shall not invalidate this Contract nor relieve or release
AUGUSTA or CHDO from its obligation under this Contract.
22
OS/21/01
AUGUSTA may, at its discretion, amend this Contract to conform with
federal, state, or local governmental guidelines, policies, and available
funding amounts, or for other reasons. If such amendments result in a change
in the funding, the scope of services, or schedule of activities to be
undertaken as part of this Contract, such modifications will be incorporated
only by written amendment signed by both AUGUSTA and CHDO.
,'~
;~
;9
i~
b.
The parties hereto do agree to bind themselves, their administrators, trustees,
successors and assigns, all jointly and severally 'under the terms of this
Contract.
',).
,~
,~
~!1
~t!
c. Notice. Communication and details concerning this contract shall be directed
to the following contract representatives:
For AUGUSTA:
Augusta, Georgia
c/o Housing & Neighborhood Development Department
Keven Mack, Director
One 10th Street, Suite 430'
Augusta, Georgia 30901
For CHDO:
Dr. Johnny R. Hatney, President & CEO
East Augusta Community Development Corporation
710 East Cedar Street
Augusta, Georgia 30901
d. This ContraCt shallbe governed by and construed according to the law of the
State of Georgia. ,
e. Any disputes arising out of, or in connection with, the Contract and/or this
Contract shall be tried in the Superior Court of Richmond County, Georgia,
and the parties hereby consent to said venue and waive any right to contest
said venue. ' ,
f. The CHDO 'shall not assign or transfer any interest in this Contract without
the prior writt~n consent of AUGUSTA.
g.
All references herein' to statutes, ordinances, codes and regulations shall
include any amendments'thereto adopted or put into effect during the duration
of this Contract.
.1.
.. ~:
23
OS/21/01
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals as of the date first above written.
ATTEST:
~[~
EAST AUGUSTA COMMUNITY
DEVELOPMENTCORPO T
24
EXHIBIT "A"
.j'
'"?l
TERivIS Al'l"D CONDITIONS FOR PERFORiYIING SCOPE OF SERVICES
1. The CHDO will provide the project sites.
2. With HND approval, the CHDO may use HOME funds:
a. To purchase real property for home construction;
b. To help pay construction costs;
c. To purchase existing homes for rehabilitation;
d. To use for permanent financing (second mortgage loans) for first time
home buyers; andJor.
e. As the source of funds from which a project developers fee as outlined in
item 7 below will be paid~
3. For any new home construction performed by the CHDOpursuant to this
Contract, the CHDO agrees as follows:
a. The CHDO will attempt, to the extent possible, to purchase adjoining or
contiguous properties for newhorhe construction, recognizing that the spirit and intent of the
HOi'vlE program is to rehabilitate and construct housing such that the aesthetics of the entire
surrounding area will be enhanced.
b. Construction of new homes on property purchased pursuant to this
Contract must begin within ninety (90) days of the date of closing for purchase of said property.
This time period may be extended with the prior 'written consent of the Director ofHND, which
consent shall not unreasonably be withheld.
c. The h.ome'shall conform to the surrounding area and neighborhood in
terms of the desired aesthetics and architecture;
d. The CHDQ shall attempt to initiate said construction by bidding out at
least four (4) projects sirilUltaneously, for construction simultaneously.
PAGE 1 OF 3 OF EXHIBIT "A"
e. The Director c5fthe Augusta, Georgia Housing & Neighborhood Development
Department (the "I-n-m") reserves the right to approve any and all plans 9JId specifications of the
CHDO to construct new residential properties pursuant to this Contract, which residential properties
the CHDO then plans to rent rather than selL
.:'
4. Where the CHDO considers purchases of existing residential properties to be
rehabilitated pursuant to this Contract, the CHDO agrees as follows:
a. The CHDO shall attempt, wherever possible, to purchase multiple residential
properties in close vicinity to each other, recognizing that the spirit and intent of the HOrvIE program
is to rehabilitate and construct housing such that the aesthetics of the entire surrounding area will be
enhanced.
b. The CHDO will enter into a written, legally binding agreement (such as an
option or contract for sale) between the CHDO and the property owner.
c. The sale of the property must reasonably be expected to be accomplished
within three (3) months of the execution of the agreement to purchase, and that the property owner
can pass clear, good and marketable title within said three (3) month tirneframe.
, d. Where the CHDO acquires existing residential property for rehabilitation, the
CHDO agrees that said rehabilitation will be completed within nine (9) months of the closing for the
purchase of said property. HND may, in its sole discretion, grant extensions to said 9-month time
period for delays caused by forces outside of CHDO's control.
5. Construction Costs and Requirements.
a.The amount that can be used to pay for construction 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. The CHDO-willprovide construction management for the project to ensure
that construction work is being carried out in accordance with plans and specs, and on time.
c. The CHDO must make sure contractor obtains and posts all permits on job
site. Prior to releasing final payment on each house, the CHDO must also collect a Certificate of
Occupancy from the contractor that has been issued by the Augusta-Richmond County License &
Inspection Department..
d. The CHDO must collect progress and final lien releases from contractors,
subcontractors and material suppliers prior to making a payment toa contractor.
PAGE 2 OF 3 OF EXHIBIT "A"
e. HND may elect to inspect each house to determine the percent of completion
prior to honoring a draw request and releasing payment. HND may elect to make up to five (5)
payments per house. HND may choose not to release payments if the work being performed is not
of acceptable quality to HND and if the house is not being built in accordance with plans and
specifications, or on schedule.
6. Permanent Financing and Sales Prices
a. Unless otherwise agreed to by HND, the sales prices of houses shall not
exceed the appraised value of the house~
b. The purchasers of houses constructed with HOiYJE funds must meet HO:NIE
, and AUGUSTA program requirements for the First Time Home Buyers Program.
c. Buyers wilLbe required t'o borrow no less than 50% of the sale price of the
house from a private lending institution unless otherwise agreed upon by HND.
d. When necessary, the CHDO may leave HOME construction funds in a house
as a second mortgage permanent .loan to the purchaser. The C;HDO will, however, be required to
assign these loans to HND once they have been executed.
7. Any proposed purchase of real property and/or existing -residential' property by the
CHDO pursuant to this Contract must be approved by the Director of the HND as to location before
the purchase is closed by the CHDO, which approval shall not unreasonably be withheld. The
CHDO shall submit information regarding the proposed purchase to the Director of the HND for the
Director's approval on the form attached hereto as Exhibit "F" and incorporated herein by reference.
8. AUGUSTA shall hold the first mortgage position on all properties which are totally
funded with HOME funds. AUGUSTA shall take a second mortgage position on properties which
receive funds from fmancial institutions.
9. fIND must approve the plans and specifications for each project before work is
begun and funds are released. Cons~ction payments will be released to the CHDO in accordance
with a payment schedule outlined in ~ CO).1struction contract between CHDO and the Contractor. .',
~. ~
PAGE 3 OF 3 OF EXHIBIT "A"
~
g')C; j.f I (6,"'1
Totals
Dec
Nov
Oc
Sept
Au!!
July
June
May
Al'.r
Mar
Feb
Jan
Amounts
150,000,00
02,160,00
45,000,00
~:..~
3,000~
500,00
500,00
00,00
s
- -
S 500,00
S
S 2,000,00
S 500,00
$ 500,00
S 2,000,00
S loo:OOI$-::1~
S 3,000 GO I 5 12,000'00
_-1.2~Q.9.Q~
~-~-=-
. rs- -
---rs---:--
'rs-120,OO
S 21,100,00 r=25,OOoOO
-- ---
--- -_._-----
8,000,00
250,00
24,180,00
7,500,00
50,000,00
750,00
s
s
36,000,00
22,500,00
,00000
50,000,00
500,00
,000 00
500,00
100,00
s
s
S 100,00
S 3,00000
'500,00
00,00
524,000
515,000
500,00
?
S
S
550,000
51,000
5500
500,00
100,00
S
S
100,00
3,000,00
S
S
500,00
100,00
5150,000,00
$102,180,00
$45,000,00
1,500,00
53,000,00
5500,00
500,00
S
S
5
500.00
100,00
S
S
100,00
3,00000
3,000,00
S
S
5
500,00
00,00
500,00
500,00
500,00
100,00
S
S
5
5
2,000,00
500,00
500,00
2,000,00
1,200,00
12,000,00
3,000,00
5
5
S
S
5
5
5
____l_
__L-__.:.__
___L___.:.._
- -
600,00
5
---
528,583,00
~;417,OO
54,800.00
52,000,00
~Oo:Oo
$200,00
$1,OOO~
51,500,00
$6,500,OG
550,000,O~
--
-'E--
-- ---
- -
--- --
--
~~'""'''"'
< . Le;:al
':',:counli :;g-'
.---- ConSlJH:-::ll\S)
I 1::1SLlr311c'" _,
::J"':~I')P"'(S general and admillisliali'/el
:;e'/~I')p'2(S Fee I
I? Jsl,Col1 structioll Audit I
I :):n~( ~,Lsr lIaneOu5(credilfepOl1S1 I
~otal Project Co' 2-1 '\'10:J 'r "0, rJ"J) I
I _
Sources
f-' _,_J~g~~t'1 fr'}(11 Developer !
l.____n_~_! ~~l.i:~~.~1::it~_______.__J
r S,~cO:',;d ~.10rt9aqe
~ -
G!;1iJl.'O~;,er
-" St3te' Fu~.js
Total Fina;icirig _
Construction Loar
Loan Dr<,:l'oV
SchedUle:purchase Rehab/Resale-
East Augusta Community Dev, Corp,
Rehabing of 6 existing & 1 new homes
Purchase
land Acquisition
Building Acquisition (land Included)
Construction Costs (hard costs)
CaostrLlction
Construction Conlingency
Site Irnp(:)vement and Landscaping
Interest Expense
Construction loan: points and fees
!'.rchilectural and Engineering
Permits and Fees
De'/eloprnent costs (sort costs)
P~rm?n~nt Loan: points and fees
t=.n'/ironlneillal Survey
?r.Jpt:r1y Survey
!i{:e a;'lO Recording
T;!'.:es
Project
Uses
850,00
5
534,780,00
600,00
350,00
40,00
1,640,00 I 5 5
=_1
I
-t
5
56
600,00
5
$ 40,00
S 50,640,00
S 59,600,00
S 40,00
540, 140,00
00,00
553
5 120,00
5325,00000
terest Calculatio
Monlhly lnleresl Factor
Tolallnterest
5400,00
5166,66
5250,00
5400,00
$166,66
5200,00
5400,00
S166.66
S25D.OO
5100.00
5200,00
5500,00
T
58,166,66 T
51,26817 I
540000 I 5
5166,66 I 5
58,166,66
51,268,17
$400,00
5166,66
8,166,66
1,268,17
400,00
166,66
250,00
5
!
5
$
$
4,083,32
612.49
400,00
166,66
~
5
~
$
5400,00
5166,66
5400,00
5166,66
5250,00
400,00
166,66
400,00
166.66
5
S
400,00
166,66
s
s
200,00
2,500,00
$3,266,66
$
5
100,00
500,00
2,000,00
$12,601.49
200,00
$
500,00
,066,66
$
200,00
$
23,58300
~,417,OO
4,800,00
2,000,00
1,000,00
200,00
1,000,00
1,500,00
6,500,00
$50,liOO
$
5
S
S
S
$
5
$
5
$1,016,66
__-==r:===
$566,66
$1,616,66
---
$566,66
$816,66
-------,.--~r--.-
510,001.49
510,451.49
5 2,000,00
$7,262,47
$1
$766,66
,___l~!_~_~Q..
Operating Budge
Salaries
- fringes
Rent
Ulilities
- Training & Travel
Postage
Office Supplies
I~surance
Equipmenl (Copier, Computers)
Total Operating Cost
.--I
~j"'-,.""---
~
, .. .- -:' " . I , ."(' ~ : ~. ,,' .--, ~ -", I" . , . , .. '. "
,__.. _.__. --l- I ~ . . ~.
,:.: . ,"'~--, ~~:-:.~~. ,.---;~~ :1, ~--:-~[fSERi.islNE'ORNfATIQN..--' .__-~:~--:..---":~ U5~!~!~nrQ~.!1.aij91t_~ag~~
_." _ , I _; . - . ' " -. . - ", . , January 19
CONSTRUCTION NOMENCLATURE
14
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1 c..;inq iO'Sl
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Th~ Intormadon rT\<<'f not bI ~t'O<lU~ eiec:roniaJly, p/'lOtOCQpi<<1; oc prim.d. without d'W pnorwritten pemtisIion ot d'W pub4isn.r.
EXHIBIT" D"
CITY POLICY STATEMENTS
FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT
AND
HOME INVESTMENT PARTNERSHIP PROGRAM (HOME)
\'
A) Procurement Standards:
1) , All procurement transactions regardless of whether negotiated or advertised and
without regard to dollar value; shall be conducted in a manner so as to provide
maximum open and free competition consistent with the Cost Principles for
Nonprofit Organizations, OMB Circular A-I22 and such other standards as may be
incorporated in this Agreement by Augusta-Richmond County.
2) Positive efforts shall be made by CHDO to utilize small business and
minority-owned business sources of supplies and service.
3) An inventory of all articles purchased over $300 or which are considered equipment
shall be appropriately tagged by the CHDO and recorded on an inventory as federal
property. A copy of the inventory shall be kept up to date and submitted to the
Housing and Neighborhood Development Department (HND) staff upon reaSonable
request, especially when changes occur.
4) All loss, damage, or theft of equipment, supplies or property purchased with
CDBG or HOME Program monies shall be investigated and fully documented by
the Augusta-Richmond County Sheriffs Department. A copy of, this report is to be
forwarded within ten (10) days to HND and items lost due to theft removed from
inventory list.
B) Program Income: 24 CFR 570.504(c) and 24 CFR 92.504(c)(3) provide that this
Agreement shall specify whether program income is to be returned to Augusta-
Richmond County or retained by the CHDO.
In accordance with the provision, all program income or repayment, earned during the
grant period shall be returned to Augusta-Richmond County. Augusta-Richmond
County shall decide whether such program income or repayment of investment will be:
, '
1) Added to CDBG Funds or HOME Funds committed to the project by the
CHDO and be used to further eligible program objectives; or,
2) Deducted from the total project cost for the purpose of determining the net
costs on which Federal share of costs will be based, and draw down requests
made.
.
. ..t~
..:1'
~.J
All program income or repayment earned in whole or in part with CDBG Funds or
HOME Funds shall be reported monthly on the Financial Status Reports. Project
:....
':~ !
income or repayment of investment shall be returned to Augusta-Richmond County for
deposit in accordance with section 9.j .iii. above.
CHDO may submit a written request for use of the program income or repayment
I '
returned to Augusta-Richmond County along with a proposed revision budget. The
request shall identify specific activities for which the funds would be used. Augusta-
Richmond County will consider such, requests in light of its responsibilities for meeting
specified national objectives and maintaining mandated spending ratios. Due to the
procedural requirements of Augusta-Richmond County and its responsibilities under
State law, and to prevent undue burdening, response to ,such requests may be delayed.
Funds shall not be used for expenditures that are not contained in an approved budget.
Expenditures for program activities using program income or fund repayment shall be
reported expended as federal dollars. Neither program income nor fund repayment shall
be considered by the Contractor as an automatic increase in budget capacity .
C) Federal Audits Records
1), CHDO shall employ those management techniques necessary to insure
adequate and proper fiscal accountability of all Community
Development Block ,Grant (CDBG) Funds and HOME Funds received
and disbursed. This may include, but not be limited to, separate ledgers
for CDBG and HOME Program Funds and/or a separate bank account
with ledger documentation.
2) A record of allCDBG and HOME program expenditures including
payroll, purchase vouchers and claims, etc. shall be kept on file by the
CHDO and reserved for a three (3) year period for federal audit or as
required by applicable program regulations, whichever is longer.
3) All quarterly programmatic progress reports shall be retained by the
CHDO for a three (3) year period for audit purposes or. as required by
program regulations whichever is longer.
4) Expenditures' by q:HDO prior to the term of this agreement shall not be
eligible expenditures under CDBG or HOME Program Funding.
5) CHDO shall submit to Augusta-Richmond County a copy of any audit
reports pertai~gto the use of CDBG or HOME Program Funds.
6) Non-profit CHDOs must comply with the independent audit provisions
of A-B3 if applicable.
D)
CDBG and HOME Program Funding Drawdown Procedure:
!~L
Requests by CHDO for Home Program Funds shall be based on actual need and shall
be due intI:? the HND staff ten (10) working davs prior to the expected receipt of actual
funds.
Monthly Financial Status Reports for the previous month sha:!l be submitted by the
tenth (lOth) calendar day of each month.
E) Personnel Changes:
By-laws, personnel policies, pay scales and internal operating procedures of CHDO
shall be the responsibility of ~d determined by its Board of Directors in accordance
with applicable law and regulations. Copies of such personnel policies, by-laws, pay
scales and internal operating procedures, along with any changes in connection
therewith, shall be furnished to Augusta-Richmond County for its review and comment.
F) The Augusta-Richmond County program administration staff shall be furnished copies
of all licenses and certifications of Public Liability Insurance for all Community
Development Block Grant Programs and HOME Programs within two (2) weeks after
the execution of this Agreement.
EXHIBIT "E"
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal Loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or;will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instruction.
3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, sub grants , and contracts
under grants, loans, and cooperative agreements) and that all shall certify and disclose
accordingly.
By:
CHAIRPERSONIPRESIDENT '
Date:
ATTEST:
. I
EXHIBIT "FII
APPROVAL FORM FOR PROPOSED PURCHASE BY CHDO
CHDO Name:
~~ .
Location of property:
'.
.'
Current owner:
Appraisal information (attach copy) :
Proposed purchase price:
Other proposed purchases in immediate area?
SUBMITTED BY:
APPROVED BY:
Name:
Title:
Name:
Title:
. ,
I ~.~ ~r<-...
, AUGUSTA-RICHl\10ND COUNTY
PURCHASING MANUAL
"Excerpt"
i'- ~:.l
SECTION 3
PURCHASING PROCEDURES -
(INFOR1'\1A TION, FOR ORDERING DEP ARTMENTSIDIVISIONS)
1. BID LIMITS:
The Purchasing Agent is authorized and empowered to purchase or contract for equipment, supplies
and services for County purposes when the amount to be paid therefore by the COlUlty does not exceed
the bid limit established by the Board to the lowest and best quotation.
BID PROCEDURES - PURCHASES UNDER $501.00 TO $5.000.00
1. Quotes under$501.00 to $~,OOO.OO are obtained by telephone. Three (3) quotes are
taken from different vendors over the telephone.
BID PROCEDURES - PURCHASES OVER $5.001.00 TO $10.000.00
1. Bids over $5,001.00 to $10,000.00 are classified as written bids.
Written quotes on items are required.
2. Bid specifications are mailed to various vendors that can supply the item(s)
requested for bid.
3. All bids must be delivered, mailed, faxed to the Purchasing Department prior to the date
and time set on each bid opening. Our normal time for opening written bids is 2:00 p.m.
on any given weekday.
4. All vendorsJbidders are welcomed and encouraged to attend our bid openings. After the
b~ds are opened, they are considered. public information. Anyone wanting to know the
bid quotes can either come by the office for a copy of the bid tabulation or call the
office for the bid tabulationS.
BID PROCEDURES - PURCHASES OVER $10.000.00
1. Bids $10,000 or over are advertised in the local designated legal gazette (Augusta
Chronicle) in the legal notice section and also advertised in the Augusta Focus (Thursday-
Weekly) and the Metro County Courier (Wednesday - Weekly).
2. Bids in the Augusta Chronicle are advertised three (3) times within a ten day period with the
exception of large construction projects which are advertised once a week for four (4) weeks.
Bid must be received three (3) days prior to first bid publishing date.
a. Bids for the Metro County Courier must be received by Friday at noon for
publishing in the Wednesday paper.
15
--:-.
b. Bids for the Augusta Focus mUst be received by Monday at noon for publishing in the
Tnursday paper.
2. All bid specifications can be picked up at the Purchasing Department unless otherwise noted
in.bid advertisement. .
3. All bids must be delivered or mailed in. a sealed envelope indicating Bid Number & Bid Item
on lower left side prior to the date and time set forth on each bid notice. Our normal time for
opening of bids is 11:00 a.m. ohany given week-day. At 11:00 a.m., no additional bids will be
received. If any bids come in after 11 :00 a.m., the date and time is recorded on the envelope
along with a signature of the Purchasing Clerk receiving the bid.
4. All VendorslBidders are welcomed and encouraged to attend our bid openings. After the bids
are opened, they are considered public information. Anyone wanting to know the bid quotes
can either come by.the office for a copy of the bid tabulation or call the office for the bid
tabulation.
5. TermslDefinitions used in bid specifications:
a. Bid Bond - used on construction & road projects mainly
. This bid bond is ten percent (10%) of the total bid quote and can be submitted in cash, cashiers
check, certified check, letter of credit for their bank, or a bid bond can be submitted which is issued
through their insurance company.
This bid bond is to insure Richmond County that the bid quote will not be withdrawn after the bids
. are opened. This bid bond is returned to the bidder after the bid is awarded to successful bidder.
b. Payment Bond
This bond is one hundred percent (100%) of the total bid quote and is required to be subrilitted by
successful bidder.
. The payment bond is to insure Richmond County that the successful bidder will be paying their
suppliers and that Richmond County will not be responsible for their unpaid invoices.
c. Performance Bond
This bond is one hundred percent (lOO%).ofthe total bid quote and is required to.be submitted by
successful bidder.
The performance bond is to insure Richmond County that the workmanship meets all the
standards/specifications set by the Augusta-Richmond County Consolidated Government.
16
. ...,;.,
2~ BID ADVERTISEMENTS
A. The advertisement inviting bids shall be published twice, seven (7) days apar4 and shall not be
received for less than sixteen (16) days starting the first day of publication. The advertisement
shall be published in a newspaper of general paid circulation which! whenever possible, is
published at least two (2) days a week in the County.
!It
,;..
~~
B. Under no circumstance will the bid documents be made available to prospective bidders before
the publishing of the legal notice. .
C. The newspaper advertisement shall include a general description of the equipment, supplies or
services to be procured, where bid blanks and specifications may be secured, the closing date
for acceptance of bids or proposals, and the time and place for opening bids.
D. Designated place for the opening of all bid proposals and bids shall be held in the Conference
Room of the ARC Purchasing Department, 530 Greene Street, Room 605, Augusta, Georgia.
All bid proposals and bids shall be accepted at the above location.
3. SEALED BIDS:
A. All purchases or contracts except as provided below) when the sum is in excess of the bid limit;
$10,000.00, shall be advertised for bids and may be awarded by.the ARC Commission to the
lowest and best bidder, or rejected if in the best interest of the County.
B. All requirements necessItating bidding for departments under the ARC Commission must be
approved in the budget or if not in the budget be approved by the COUIity Commissioners prior
to being received by -the Purchasing Department.
C. Exceptions to sealed bid and award method include:
1) Emer~encv Purchase~ - When accompanied by a letter of justification from the
Department Director and approved by the Purchasing Agent.
2) Sole-Source Items - When accompanied by a letter of justification from the Department
Director and approved by the Purchasing Agent following Board approval.
3) Competitive Sealed Proposals - When the Purchasing Agent determines in writing that
the use of competitive sealed bidding is not practicable or advantageous to the County.
4) State Contract - As allowed in the Georgia Statutes.
5) GSA Contract - As provided in County Ordinance #
17
. r.-'-. ... .......
, '\L 4. REOUEST FOR PROPOSALS: .
A. Request for proposals shall be handled in the same manner as the bid process as described above for
sol1cltaUOn and awarding of contracts for gopds or servlces with the folloWlhg excepnons:
A. Only the names of the vendors making offers shall be disclosed at the proposal opening.
B. Content of the proposals submitted by competing persons shall not be disclosed during the
process of the negotiations.
C. Proposals shall be open for public inspection after the award is made.
D. proprietarY or confidential infonnation, marked as such in each proposal, shall not be disclosed
without written consent of the offeror.
E. Discussions may be conducted with responsible persons submitting a proposal determined to
have a reasonable chance of being selected for the award. These discussions will only be for
the purpose of clarification to assure a full understanding of the solicitation requirement and
responsiveness thereto.
F. NonmonetarY revisions may be permitted after submissions and prior to award for the purpose
of obtaining the best and final offers.
G. In conducting discussions with the persons submitting the proposals, there sha!l be no disclosUr
of any information derived trom the other persons submitting proposals.
II Reimbursement Request
Subrecipient:
Address:
For Reporting Period:
PROJECT #: ' GRANT AMOUNT: $.
nge
BUDGET ITEMS. efits. Equlpmel 5
BUDGET .$ $
luests to Hate
1 of Line #1 + Line #5 of Previous Request)
,Ulce Defore This Request
Oer to Line #6 of Previous Request)
3. Today's Request Defore Program Income
4. Minus Program Income
5. lODA V'S REOUEST
6. Balance after this Request
(Line #5 Minus Line #2)
Director's Signature: - Date:
-
HND Reviewer: Amount Approved $
"
./
\
Date:
Augusta-Richmond County - Housing and Neighborhood Development Dept.
MONTHLY: SERVICES REPORT
Month:
Year:
Name of Organization:
Project Name:
Project No.:
1. Number of all NEW persons served this month:
(NEW means never served and/or reported before)
-
2. . 'Income of NEW Clients:
a. Number of Low & Moderate Income Persons
b. Number of all Others c. _ T.otal (Should be same as #1)
Number of Very Low Income Persons (Of the total UM persons, how many are very low income)
-
3. Race and Sex of NEW Clients:
Male
Female Total
White . .... ............. .......... ........... .... ...... ......... .....
Black....................... .............. .... ............. ..........
American Indian/Alaskan Native ...........................
Hispanic......... ....................... "'''',' ....................
Asian/Pacific Islander.. ............ ......;....... ..............
TOTALS (Should be same as #1) ...............
4.
Number of NEW Female Headed Households Served.
5.
Cumulative Number of Persons Served to Date.
Signature
Title
Date
Familv/Household Size
1 Person
2 Persons
3 Persons
4 Persons
5. Persons
6 Persons
7 Persons
8 Persons
Over 8 Persons
CDBG INCOME LIMITS for 2000
Low Income
$0 - $16,300
$0 - $18,650
$0 - $20,950
$0- $23,300
$0 - $25,150
$0 - $27,050
$0 - $28,900
$0 - $30,750
Low/Moderate Income
$16,301 - $26; 100
$18,651 - $29,800
$20,951 - $33,550
$26,301 - $37,300
$25,151 - $40,250
$27,051 - $43,250
$28,901 - $46,250
$30,751 - $49,200
$49,201 or more
Submit to:
(by 15th day after month ends)
Augusta-Richmond County
Housing and Neighborhood Development Dept.
i 7
QUARTERLY PROGRESS REPORT
Program Year
Reporting Period Covered
-
SUBRECIPIENT
Address
Contact Person
Phone#
Project Name
Project#
1. ACTIVITY STATUS FOR QUARTI:R
Progress Achieved in Accomplishing Project Goals and Objectives
(Goals and objectiVes should correspond to the goals and objectives in the approved
grant application)
ACTMTY # 1
Goal/Objective
Planned:
Actual:
Measurable units (e.g. # of clients served this reporting period, # of clients low and
f!1oderate in~ome persons, or#ofbroehures distributed. ete.)
II. ACTIVITY # 2
Goal/Obj ective
Planned:
Actual:
- 2 -
III. DIFFTCUL TIES ENCOUNTERED
(As applicable, should incll!de information on specific reasons why goals and objectives
were not met)
ACTMTY
Problem(s):
Resolution/Corrective Action Plan and Schedule:
IV. ACTIVITY ANTICTPATI:D NEXT RF,PORTING PERIOD
(Should correspond to the "Planned" entries under Progress Achieved in the next report)
Goal/Objective 1:
Goal/Objective 2:
Signature of Authorized Official
Date
ANNUALREPORT-CDBG
2001 PROGRAM YEAR
January 1, 2001 - December 31, 2001
SUBRECIPIENT:
ADDRESS:
PHONE #:
DATE:
CONTACT PERSON:
PROJECT NAME:
PROJECT #:
PROJECT DESCRIPTION:
Project Budget
Amount Expended During
Program Year
Amount of Unliquidated
Obligation
$
$
$
PROGRAM INCOME (if applicable):
Sources
. Amount
$
$
Use(s) of Program Income
Amount
$
$
Balance of Program Income as of 12/31_
$
Report Due January 30, 2002
A. ACTIVITY STATUS - Describe Accomplishments and/or delays during 2001:
B. BENEFICIARIES
1. Total number of Households (H) or Persons (P) assisted
(Specify Household or Person)
2. Total of#1 who ARE NOT Low and Moderate Income Persons
3. Total of#1 who ARE Low and Moderate Income Persons
4. Total Persons included in Item #3 who are Very Low Income Persons
(Total should not exceed Item #3)
5. Total Persons included in Item #3 who are Extremely Low Income Persons
(Total should not exceed Item #3) .
6. Total of #1 who are WHITE (not Hispanic origin)
7. Total of #1 who are BLACK (not Hispanic origin)
8. Total of #1 who are AMERICAN I NDIAN or ALASKAN NATIVE
9. Total of #1 who are HISPANIC
10. Total of#1 who are ASIAN or PACIFIC ISLANDER
11. Total of #1 who are FEMALE HEADED, OF HOUSEHOLD
12. Total of #1 who are 62 or older
C. REPORTS (Attach any other reports due per agreement)
Date
Signature of Director
2
Report Due January 3D, 2001
-
c=J CJ CJ CJ CJ t=l Cl CJ CJ CJ CJ TIM E SH EET
. Subrecipient Name:_ _ _
- -
. Employee Name: ----' _ _ - -
I I I I I I I I I I I I I I I I I I I I I I
Date Time .Tasks Hrs CDBG or ESG Hrs - Other Programs Hourly Rate Total.
n .._M~______+~_ _ , ------.-.
~. _..~-_.._...~-+---_.- I, ---.-._.
'.
___M._____._____ ._ ._----______0..
--_.-------- . ----.---.------.----...
_.__._-.--~--_.- ----.--- -.---_.-._-----
....____n_._ ___ ._-_.~-----_.
---...------- --------.- ---- .----..--.-- ..--._-
------------ .-------
-.-"----.- ..- .---------
-- .
+---------- . . ----_..-
. --_..._~---- ----- ..-----.---..
-~-------- . - . .--.---
"
.
..---,-..---.--- . -.---_.__.-
---_._--..~--" --~-_._--- "."-.-'----- ..
Total Total
-----
Date:
DatE;:
Employee Signature:
Signature:
Director
._----~---------.
NOTE: Compute salary based on number of
CDBG hours worked:
COMPUTATION:
CDBG or ESG Hours x Hourly Rate = Salary