HomeMy WebLinkAboutLaney-Walker Development Corporation
Augusta Richmond GA
DOCUMENT NAME: Lanej- vililkt'v T;evelDpvr-ent
. . C- (lV' pom+ i 01')
DOCUMENT TYPE: C-ontrad
YEAR: rv;D ()
BOX NUMBER: q
FILE NUMBER: ',4 tpC) 3
NUMBER OF PAGES:
42
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CONTRACT
THIS Contract is made and entered into effective the 11th day of Februarv, 2000,
by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter
"AUGUSTA"), and Laney-Walker Development Corporation, a Georgia corporation (hereinafter
"CHDO").
WHEREAS, AUGUSTA 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
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; arid
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
HO~E 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 1998-1999 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 - 1999 HOME Funds in the total amount of Two Hundred Eight
Thousand Three Hundred Twenty and noll 00 Dollars ($208,320.00), 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 Section9.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 "B" attached
hereto and incorporated herein by reference or such subsequent Budget(s) approved in writing by
AUGUSTA. CHDO agrees to execute such other documents as may be deemed necessary by
AUGUSTA.
2. OTHER SOURCES OF FUNDS
It is expressly agreed and understood that the total amount of 1998-1999 HOME funds
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obligated by AUGUSTA to the CHDO pursuant to this Contract is $208,320.00. Any costs of
the CHDO for performance of services under this Contract which exceed $208,320.00 are the
sole responsibility of the 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 CHDO shall furnish to HND, prior to the release of HOME funds, evidence
satisfactory to HND that the CHDO can raise any additional funds necessary to enable the
CHDO to complete said Scope of Services.
3. SCOPE OF WORKJNA TIONAL 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 of this 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 oflower-income and
very-low-income to the exclusion of all others.
4. TERM; TERMINATION
a. The term of the Contract shall commence on February 25.2000, 1999 and
shall remain in effect for the period of affordability required by 24 CFR 92.252 or, 92.254, unless
earlier terminated as set forth below.
b. 24 CFR 92.504(c)(13} contains provisions for the enforcement ofthis
Contract. In accordance with 24 CFR 85.43, this Contract may be suspended or terminated prior
to the expiration of the term 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 theCHDO for the following reasons:
i. 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.
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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 of the U. S. Department of Housing and 1!rban
Development (HUD) to make funds available or if HUD suspends funds for any reason.
VB. 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
perfo,rmed 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 CONTRACTS MUST BE
APPROVED IN WRITING BY AUGUST A PRIOR TO INCURRING ANY COST FOR
SERVICES.
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 for professional design and construction manageinent 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 (AlA) construction contract for his job
that shall be modified to include anynecessaiy provisions given by AUGUSTA. The CHDO
shall provide AUGUSTA with a copy of the contract for architectural services.
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8.
KEY PERSONNEL
a. The CHDO shall assign to this Contract its following key personnel:
Executive director ofthe CSRA Business League
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.
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.
c. If this contract results in any copyrightable material, CHDO apd/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.
d. The CHDO 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.
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 CHDO 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 AUGUSTA a tentative schedule of the Board of Directors
meetings to be held during the 2000 and 2001 program years and a copy of the advertisement to
be published in the newspaper. A tear sheet of the advertisement shall also be submitted.
f. Section 3 Compliance.
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i. 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 this contract and binding upon AUGUST A, the CI:IDO and any subcontractors. Failure to
fulfill these requirements shall subject the Grantee, the CHDO and any subcontractors, their
successors and 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. 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 of 1968, as
amended, 12 U.S.C. 1707. Section 3 requires that to the greatest extent feasible opportunities for
training and 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 substantial part by persons residing in~ the areas of the project."
ii. 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~ a notice 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.
i. Compliance. The CHDO agrees to comply with Title VII of the
Civil Rights Act of 1964 as amended, Title VIII of the Civil Right Act of 1968 as amended,
Section 109 of Title I of the Housing and Cotnmunity 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.
ii. Nondiscrimination. In connection with the performance of this
Contract, the CHDO agrees not to discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, familial status, handicap, age or
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ancestry. The CHDO further agrees to take affirmative action to insure that employees are
treated without regard to their race, creed, color, national origin, sex, familial status, handicap,
age or ancestry which actions shall include, but not be limited to employment, upgrading,
demotion or transfer, recruiting or recruitment, advertising, lay-off, or termination, rates of pay
or other forms of compensation and selection for training, including apprenticeship. The CHDO
further agrees to comply with Executive Order 11246, entitled "Equal Employment opportunity",
as amended by Executive order 11375 and as supplemented in Department of Labor Regulations
(41 CFR, Part 60). In the event of the CHDO's non-compliance with this nondiscrimination
clause, this Contract may be cancelled or terminated. CHDO further agrees to include this non-
discrimination clause in any contracts connected with the performance of this Contract.
lll. Land Covenants. This contract is subject to the requirements of
Title VII of the Civil Rights Act of 1964 (P.L. 88-352). In regard to the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under this contract, the
CHDO shall cause or require a covenant running with the land to be inserted in the deed or lease
for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in
the use or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that AUGUSTA and the United States are beneficiaries of and entitled to enforce such
covenants. The CHDO, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such a covenant, and will not itself so
discriminate.
iv. Section 504. The CHDO agrees to comply with any federal
regulations issued pursuantto compliance with Section 504 of the Rehabilitation Act of 1973,
(29 U.S.C. 706) which prohibits discriminatio~ against the handicapped in any federally assisted
program. 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
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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.
h. Affirmative Action
i. Approved Plan. The CHDO agrees that it shall be committed to
carry out pursuant to AUGUSTA's specifications an Affirmative Action Program 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.
ii. W /MBE. The CHDO will use its best efforts to afford minority
and women-owned business enterprises the maximum practicable 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 AUGUST A, 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 bargaining 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 to employees and applicants for employment.
vi. EEOI 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 Affirmative Action employer.
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vii. 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
i. Prohibited Activity. The CHDO is prohibited from using funds
provided herein or personnel employed in the administration of the program for political
activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities.
ii. OSHA. Where 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 services 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 ofL~bor 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 available to AUGUSTA for review
upon request.
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 $2,000.00 for construction, renovation or repair of any
building or work financed in whole or in part with assistance provided under this contract, shall
comply with federal requirements of the regulations of the Department of Labor, under29 CFR,
Parts 3, 1,5 and 7 "governing the payment of wages and ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to relieve the CHDO of its
obligation, if any, to require payment of the higher wage. The CHDO shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions meeting the
requirements of this paragraph, for such contracts in excess of$lO,OOO.OO.
J. Additional Federal requirements
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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 AUGUST A pursuant to this Contract must
comply with all of these regulations, only some of which are discussed in detail in this Contract."
i. Use of HOME Funds. HOME Funds shall be used by CHDO for
the purposes and objectives stated in Section 1, Scope of Work/National Objectives and Exhibits
"A" and "B" of this Contract, and for no other purpose(s).
ii. Affordability. Rental housing or housing that is for acquisition by
a family must meet the affordability requirements of 92.252 and 92.254, if applicable.
111. Repayment/Program Income. The receipt and disposition by
CHDO of Repayrrients as defined in 24 CFR 92.503(b) shall be in accordance with provisions of
24 CFR 92.504(c)(3) which provides that all repayment interest and other return on the
investment of HOME ftmds shall be remitted by the CHDO to AUGUST A unless otherwise
specified. Where HOME ftmds are used to construct or rehabilitate homes for sale to eligible
buyers, repayment shall be remitted to AUGUSTA in accordance with the following procedure:
a. The CHDO is to retain seventy-five percent (75%) of the
HOME ftmds it draws down under this contract to construct or rehabilitate houses for sale to
eligible home buyers. The ftmds to, be retained shall include second mortgage notes and cash
return on investment providing the combined total retained equals seventy-five percent (75%) of
the amount drawn down to rehabilitate or construct each house.
b. The twenty-five percent (25%) offtmds drawn down that
can be kept by the CHDO include project developer fees. The CHDO may also keep any interest
it earns on ftmds 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 /sale price of the 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 ftmds toward writing down the cost of development to the appraised
value/sale price of the house. If after doing this additional write-down ftmds are needed, CHDO
may reduce the HOME ftmds it is to retain.-- 75% of HOME funds used -- by the needed
amount.
d. The ~ounts provided in this Section for maintenance by
the CHDO may be adjusted such that the CHDO is allowed to maintain a larger percentage of the
funds if the CHDO demonstrates, to the satisfaction of HND, that it requires additional funds for
operation.
IV. Where HOME funds are used to construct or rehabilitate homes to be
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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 as required 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:
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 rehabilitation.
c. 92.252 Concerning rental housing, if applicable.
d. 92.253 Tenant and participant 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.
i. 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 AUGUSTA'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.
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vii. Upon expiration or termination of this Contract, the CHDO shall
make certain remittances to AUGUSTA in accordance with Section 14 herein.
Vlll. CHDO shall maintain records and submit reports to AUGUSTA as
required by CFR 92.508 and as may be required by AUGUSTA.
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 atIordability 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-133 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
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meets the requirements of 92.252 for the required period of affordability. Records must be kept
for each family assisted;
e. Records that demonstrate compliance with the requirements
of 92.253 for tenant and participant protections; and
~. 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 shall 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
fmal 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
specifications included in 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 and 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 the CHDO 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 the 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. '-
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.
The CHDO shall submit to AUGUSTA 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 termination of all activities funded under this contract, or after
the resolution of all Federal audit findings, whichever occurs later.
lll. 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 AUGUSTA. The reports shall include the CHDO's accomplishments made during the month. The
CHDO shall also make sure that AUGUSTA receives monthly inspection reports prepared by the
CHDO's architect. Draw inspections and progress inspections may be performed by HND
inspectors.
The CHDO 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-II O.
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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 AUGUSTA), and determining the custodianship of records.
12. OTHER PROGRAM REQUIREMENTS.
The CHDO shall carry out each activity in compliance with all F ederallaws 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 of 24 CFR Part' 52.
c. Subpart H provides that the HOME Program shall be conducted In
accordance with the 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 displacement or relocation.
IV. 92.354 Labor.
v. 92.355 Lead-based Paint.
VI. 92.356 Conflict ofInterest.
V11. 92.357 Debarment or suspension.
Vlll. 92.358 Flood Insurance.
IX. 92.350 Executive Order 12372.
The environmental effects of each activity carried out with HOME funds must be assessed
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in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and
the related authorities in 24 CFR 50 and 58. AUGUSTA must conduct an eIlvironmental 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 (EPA) 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.
Any HOME funds invested in housing that does not meet the affordability requirements for
the period specified in Section 24 CFRPart 92.252 or 92.254 as applicable, must be repaid by the
CHDO. Any funds received by the CHDO from 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).
Hqwever, any transfer pursuant to this section shall be subject to the approval of the August-
Richmond County Commission. Any proceeds received from such transfer shall be used as set forth
in Section 9 herein.
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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 applicable 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 perform"ed 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 purpose
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
MONTHL Y BASIS.
The CHDO hereby agrees to have an annual 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-I22. The audit must be an organizational-wide audit
of the 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.
Failure of the CHDO to comply with the above audit and reporting requirements will
constitute a violation of this Contract and may result in the withholding of future payments.
16. DOCUMENTATION NECESSARY FOR REQUIRED ASSURANCES
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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 may be neede-d to AUGUST A or its designee(s),
to execute assurance of such compliance. In addition, CHDO will furnish such information and
maintain such records as, may be needed to enable both CHDO and AUGUST A 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. CHDO 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. If an 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
AUGUST A 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 AUGUST A, CHDO shall supply to AUGUSTA 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 personnel 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 of this Contract by reference. CHDO and all
contractors shall comply with such AUGUSTA policy statements.
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,
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guidelines and AUGUSTA policy statements.
21. CONFLICT OF INTEREST
No member, officer, or employee of AUGUSTA, or its designees or agents, no member of
the governing body of AUGUSTA, 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 AUGUSTA from any and all
damages, claims and causes of action against AUGUST A 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 the claims of CHDO'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 blanket fidelity bond covering all employees in an amount equal to
cash advances from AUGUSTA. For purposes 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 construed 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 AUGUST A by
reason of this Contract, and that it will not by reason of this 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 provi~e property
insurance in an amount satisfactory to AUGUST A for all property purchased with HONffi Program
Funds naming AUGUST A as co-insured., The CHDO shall provide a Certificate of Insurance to
AUGUSTA." .
24. LOBBYING CERTIFICATE.
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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. EVERY REQUEST FOR REVISION MUST BE SUBMITTED
IN WRITING. REPAYMENT OF HOME INVESTMENT FUNDS (pROGRAM INCOME)
SHALL NOT BE CONSIDERED BY CHDO AS INCREASING BUDGET CAPACITY
UNLESS APPROVAL HAS BEEN SOUGHT AND RECEIVED IN WRITING FROM
AUGUSTA.
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
AUGUST A. CHDO agrees to put forth its best efforts on behalf of AUGUSTA herein and promises
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. 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 AUGUST A and
CHDO.
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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.
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:
Rev. Hardy Bennings, Chairman
Laney Walker Development Corporation
C/o CSRA Business League
P.O. Box 1283
1208 Laney Walker Blvd.
Augusta, Georgia 30903
d.
State of Georgia.
This Contract shall be governed by and construed according to the law of the
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 ~terest in this Contract without
the prior written 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.
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-,
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals as of the date first above written. -
~..S.T~.
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C rk
ATTEST:
Corporate Secretary
AUGUS
!1 ~y: ob Young
~itle: Mayor .
LANEY WALKER DEVELOPMENT
C ORPORATIONQ
~.-d-__~- Q.
By: \\ .
Titl~~
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EXHIBIT" A"
TERMS AND COND~TIONS FOR PERFORMING 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; and/or.
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 CHDO pursuant to this
Contract, the CHDO agrees as follows: -
a. The CHDO will attempt, to the extent possible, to purchase adjoining or
contiguous properties for new home construction, recognizing that the spirit and intent of the
HOME 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 home shall conform to the surrqunding area and neighborhood in
terms of the desired aesthetics and architecture.
d. The CHDO shall attempt to ipitiate said construction by bidding out at
least four (4) projects simultaneously, for construction simultaneously.
PAGE 1 OF 3 OF EXHIBIT "A"
e. The Director of the Augusta, Georgia Housing & Neighborhood Development
Department (the "HND") reserves the right to approve any and all plans and 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 HOME 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 timefram~.
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 will provide 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 rele~es from contractors,
subcontractors and material suppliers prior to making a payment to a contractor.
PAGE 2 OF 3 OF EXHIBIT "A"
'0
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 electto m~e 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 HOME funds must meet HOME
and AUGUSTA program requirements for the First Time Home Buyers Program.
c. Buyers will be required to 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 CHDO 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 financial institutions.
9. HND must approve the plans and specifications for each project before work is
begun and funds are released. Construction payments will be released to the CHDO in accordance
with a payment schedule outlined in a construction" contract between CHDO and the Contractor.
PAGE 3 OF 3 OF EXHIBIT "A"
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EXHIBIT B
LANEY-WALKER DEVELOP:vtENT CORPORATION
Construction cost should be kept to under 560,000.00 per unit since we
already own the lots. All homes will be three-bedroom homes with two
baths. Each house will range for 1,100 sq.ft. to 1,200 sq.ft. of heated area.
We already have the plans for three different designs that can make six
different looking houses. The first phase we plan to build 5 houses and
once they are sold we plan to build 5 more until all 23 lots have homes on
them.
Architectural & Engineering: Cost should be less than the 70/0 industry
standard.
Legal:
Standard real estate cost will be paid by the
sellers (Laney-Walker).
Development Fee:
Realtor standard fee of 7.00% once property
is sold will be paid by sellers (Laney-
Walker).
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EXHIBIT B
PER NEW HOUSE
Developer: Laney- Walker Development Corporation
Project Type: New Construction
Project Address: Snmmerfield East
Funds Requested Including
Project Developer Fee:
$51,0000.00
S tate Funds .
$ 5,000.00
Loan from Bank
$ 4,000.00
Total
$60,000.00
AcquisitionlPrep cost
Paid by CHDO not included
in Funds Requested
$80,00'0.00 (23.Lots)
Proj ected Sales Price
$62,500.00
Projected Time Table: Start date July 5, 1999.
A..pproved By:
Date
Disapproved By
Date
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c. DESCRIPTION OF ACITVITIES/PROJECIS
L WDC plans to construct 5 new houses in the Summerfield East Subdivision. The'
houses will be constructed based primarily an two, designs. The designs are labeled Floor -r;,
Plan I & Floor Plan II. Floor Plan I is approximately 1120 square feet with three ~0
bedrooms and two baths. Floor Plan II is approximately 1090 square f+d also
contains three bedrooms and two baths. L WDC will implement a. program to identify
qualified low to moderate-income persons that the homes can be pre-sold to.
The 5 new single family homes will conform to HUD standards for affordable housing
and minimum construction requirements will be based on the following general
specifications:
Part 1.
Exterior & Site:
Provide 12' concrete drive with curb ~ extend minimum 25~ past
property lint~.
Provide utility extensions:
Natural Gas with meter.
Electricity .yith ground mount transformer, service entrance, &:
meter,
Water line with meter & 1 n service & shut off valve.
Building Materials:
Brick veneer on all sides.
Vinyl faced soffits, fu.scia, & exposed wood
Composite shingle roofing, with selection of colors., ridge & soffit
vents.
Vinyl or alwninum clad windows.
Provide grassing for all yards, side, front &: rear.
Pa rt 2..
Buildin1!:
Provide cost p~r square foot tor 1000-1200 SF residences.
Floors: ' C:1rget with pad-{HUD Standards).
Sheet vinyl in Kitchen, Laundry, & Bathroom (BUD
Standards).
Concrete slao on grade with 6 mil. Vapor barrier (3000
psi).
Walls: Wood framed, 3' high ceilings.
P:ilnt-prime pius :-finish coats, Enamel in Bath.. Kitcnen &
Llundr! (~fIR Gypsum),
Cc:iings: Blown lCoustical te:aured.
Doors: [nsuiared ::netJ..l dad wood Jt ~:aerior.
~ J/S" :noided h.a.rdboard. O-paneldesign :.It Ulterior.
-.
~{oldings:
Cabinets:
Windows:
Bathroom(:2) :
Accessories:
Appliances:
Insulation:
Lighting:
HVAC:
Eectrical:
L:ver hardware, privacy and deadbolts on exterior,
Standard wood trim, base, and shoe (HtJD Standard).
Standard sizes '.vlth vinyl interior, Stained Wood Faced,
PL~V( taps,
Vinyl, Vinyl Clad Wood, or Aluminum.
Insulated glazing, minimum 5/8",
Shower/Tub acryiic one-piece unit.
Medicine cabinet With mirror.
Vanity sink with cabinet base.
Toilet, 1.6 gaL /flush.
Capper water lines, insulated.
2-towel bars, toilet tissue dispenser, tempered. shower
doors. '
Gas OveI1l Range.
Gas Water Heater,
Dishwasher,
Disposal, Y::" H.P,
Washer & Dryer Hookups.
Refrigerator/Freezer, 14 cu. Ft. minimum.
Perimeter slab insulation, 2" rigid. 2' wide.
Walls, W' Foil faced rigid insulation, with R-13 Kraft faeed
fiberglass.
, Ceiling. R-28 blown-in fieerglass insulation. ,
Brass trimmed.. minimum 1 fixture per ~ LOOW. Rated.
E'Cterior floodlights, 3-per building, 150W.
Wall lights at front & rear doors.
Split system, Gas furnace in attic, or Gas Pack complete
with insulated. ductwork.
200 .-\mp, Main breaker, minimum 24-circuit panel
complete with bre:1kers.
GET circuits in bathroom.. kitchen, laundry and. exterior
'outlets.
Minimum 12 ga. Copper wiring, curcuit per NFP A 70,
NEe.
Duplex outlets &: switching per electrical. code.
Part 3. Time of Construction:
The construction period shall be no more than 110 days from the date of the owner's
notice to proceed. Payment fur work in ?iace :;hall b~ made on 3. monthly basis with a
10% r("t:linage until all work is completed md 3.ccepted by the owner. Payments of
monthly approved invoices shall be ~xecuted 'Nithin 15 days of receipt. Payment requests
shall be for completed 'Nark m pi:lc~ only IDd ae prepared by the contr:lctor md
submitted in triolicate to the ,-\rc:ll[ec:, The '-york :;h.a.ll :::e fuilv gua.r:l1lteed bv the
Contractor for i year after wri1piet:on, Budders Risk md Liability insunnc~ shall be
provided by the contractor.
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EXHIBIT ,4 D"
CITY POUCY STATh\1ENTS
FOR THE
COMMUN1TI DEVELOPMENT BLOCK GRANT
A.J.'fD
HOME INVESTIvtENT PARTNERSHIP PROGRAM (HOME)
A) Procurement Standards:
1) All procurement cransactions 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 ail articles purchased over 5300 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 Deparnnent (HND.}..staff upon reasonable
request. especially when changes occur.
4) All loss. damage. or theft of equipmem. supplies or propertY purcb3sed with
CnSG or HOME Program monies shall be investigated and fully dOC'l1m~erl by
the Augusta-Richmond County Sheriffs Deparnnem. 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 remrned. to Augusta-
Richmond County or retained by' the CHDO,
In accordance with the provision. ail program income or repaymem. earned during the
grant period shall be remrned to Augusta-Richmond County. Augusta-Richmond
County shall decide whether such program income or repayment of investment will be:
1) ..-\dded co CDSG Funds or HOME Funds committed to the project by the
CHDO and be '.lSed to timher ~ligible program objectives: or.
2) Deducted from the total project cost for me purpose of determining the net
casts un which Feder:ti share of costs will be based. and draw down requests
made,
,--\ll vrogr:un ~come or ,e~avmt:m earned in '.vhole or in part with CDSG Funds or
HO~(E ~ [='.mds shail be r~?~rted monthly on me F~ci~ Stams Reports. Project
income or repayment or nvestment shall be rerurned to .-\ugusta-Richmond County for
deposit in accordance ',vith sec:ion 9.j .iii. J.bove,
CHDO may submit a written request for use of me program income or repayment
returned to Augusta-Richmond County J.long with a proposed revision budget. The
ret:lllest shall identify specific J.ctiviries for which me funds would be used. Augustl-
Richmond County will consider such requests in light of its responsibilities for meeting
specified national 9bjecrives and maintaining mandated spending ratios. Due to me
proc..adura1 requirements or 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 expendirures 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 sbai1
be considered by the Contr:lctor as J.Il automatic increase in budget capacity.
C) Federal Audits Records
1) C-fDO shall employ those management techniques necessary to insure
adequate and proper fiscal accountability of all Comrmmity
Development Block Gram (CDBG) Funds and HOME Funds received
and disbursed. This may include, but not be limited to, separate ledgers
for CnBG and HOME Program Funds and/or a,separate bank account
with ledger documentation.
2) A record of all CnSG and HOME program expenditu.reS 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 reguiarions. whichever is longer.
3) All quanerly pragI':lmmaric progress reportS shall be retained by the
CHDO for a three (3) year period for audit purposes or 15 required by
program regulations whichever is longer.
4) E.~end.ltures by CHDO prior to me term of this agreement shall not be
eligible expendimres under CDSG or HOME Program Funding.
5) CHDO shall submit to Augusta-Richmond County a copy of any audit
reportS peruining co the use of CDSG or HOME Program Funds.
6) Non-pront CEDOs must comply with dle independent audit provisions
of :\-133 if :lppiicable,
D) CnSG and HOME ?rognm Funding Dnwdown Procedure:
Reauests bv CHDO for Home ?:-ogr::un funds shall be based on 3.c:ua.l :leed md shall
be due into' the HND sun :e:111Q) :v()r~g days prior:o dle ~:cpec:ed receipt of :lcrual
funds .
Monthly Financial Stams ReportS for the previous month shall be submitted by the
tenth (1 O~ calendar day of each month.
m Pernomrel~~:
By-laws. personnel' polici~. pay scal~ and internal operating procedures of CHDO
shall be the responsibility of and. determined. by its Board. of Directors in accordance
with applicable law and regulations. Copies of such persomrel policies. by-laws. pay
scal~ and imernal operating procedures. along with any cbang~ in connection
therewi~ shall be furnished. to Augusta-Richmond County for its review and commenL
F) The Augusta-Richmond. County program admini!ttTation staff shall be furnished. copi~
of all licenses and certifications of Public Liibility Insurance for all Community
Development Block Gram Programs and HOME Programs within two (2) weeks after
the execution ormis Agreemem -
--
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EXHIB IT "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 int1uence 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 sub awards at all tiers (including subcontract., subgrants, and contracts
under grants, loans, and cooperative agreements) and that all shall certify and disclose
accordingly.
By:
CHAIRPERSONfPRESIDENT
Date:
ATTEST:
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EXHIBIT F
APPROVAL FORM FOR PROPOSED PURCHASE BY CHDO
CHDO NAME:
LOCATION OF PROPERTY:
CURRENT OWNER:
APPRAISAL INFORMATION (ATTACH COPY) :
PROPOSED PURCHASE PRI CE :'
OTHER PROPOSED PURCHASED IN IMMEDIATE AREA?
SUBMITTED BY:
APPROVED BY:
,NAME:
TITLE:
LANEY-WALKER DEVELOPMENT
CORPORATION
NAME:
TITLE:
HOUSING & NEIGHBORHOOD
DEVELOPMENT