HomeMy WebLinkAboutSAND HILLS NEIGHBORHOOD $92,128.50
CONTRACT
between
AUGUSTA, GEORGIA
And
SAND IDLLS NEIGHBORHOOD ASSOCIATION, INC.
in the amount of
$ 92,128.50
Ninety-Two Thousand One Hundred Twenty-Eight Dollars and Fifty Cents
for Fiscal Year 2005
Providing funding for
HOME INVESTMENT P ARTNERSIDPS PROGRAM
"Fleming Avenue Apartment Rehabilitation Project.Continuation"
~EMENT ("Contract"), is made and entered into as of the ! 4 day of'
,2005, ("the effective date") by and between Augusta, Georgia, acting through the
ousing Economic Development Department (hereinafter referred to as "AHED") - with
principal offices at 925 Laney Walker Blvd, 2nd Floor, Augusta, Georgia 30901, as party of
the first part, hereinafter called "Augusta", and Sand Hills Neighborhood Association, a non-
profit corporation, organized pursuant to the Laws of the State of Georgia, hereinafter called
"SHNA" as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban
Development (hereinafter called HUD) as a HOME Program Participating Jurisdiction, and
has received HOME Investment Partnerships Act (hereinafter called HOME or the HOME
Program) funds from HUD for the purpose of providing and retaining affordable housing for
HOME Program eligible families; as defmed by HUD; and
WHEREAS, the grantee is a designated Community Housing and Development Organization
(CHDO) and Community Based Development Organization (CBDO) - hereinafter referred to
as SHNA- and will be involved in HOME eligible activities; and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and
increase the supply of affordable housing for HOME Program eligible low and moderate
income families through eligible uses of its HOME Program grant funds, as described in the
Augusta-Richmond County Consolidated Plan 2005-2009 and the Year 2005 Annual Action
Plan; and
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WHEREAS, Augusta must reserve not less than fifteen percent (15%) of its allocated
HOME entitlement funds for investment in affordable housing to be developed, sponsored or
owned by a designated Community Housing Development Corporation (CHDO); and
WHEREAS, Augusta wishes to enter into a contractual agreement with SHNA the
administration of HOME eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be eligible HOME activity according to 24
CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined
in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development
regulations.
WHEREAS, SHNA agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, SHNArequested and Augusta has approved a total of$92,128.50 in grant funds
to perform HOME eligible activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do
here and now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: SHNA agrees to utilize approved HOME funds to support project related
costs associated with the Fleming Avenue Apartment Rehabilitation Project. This project
involves the rehabilitation of a 10-unit apartment complex. The apartments will be use to
provide rental units for low to moderate income individuals. Under this agreement:
'" Perform rehabilitation on 1 0 two-bedroom apartments.
'" Project pro forma
'" Appraisal - (Before Rehab & After Rehab)
.. Property management
.. Perform all required and requested marketing and advertising activities; in accordance
with "HOME" program "Fair Housing" regulations
'" All projects are to posses the following required components:
. Evidence of Site Control
. Evidence of additional financing resources "Leveraging"
. Evidence that the programmatic "MATCH" requirement has been met
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B. Use of Funds: HOME funds shall be used by SHNA for the purposes and objectives
stated in Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of
HOME funds for any other purpose(s) is not permitted. The following summarizes the
proposed uses of HOME Program funds under this Agreement:
I. Rehabilitation of 10 Unit Apartment
An amount not to exceed $92,128.50 shall be expended by SHNA to support the
rehabilitation of the 10-unit apartments. SHNA will utilize AHED staff to assist with
the rehabilitation process to include bidding and inspections of work. SHNA will
rehabilitate the property located at:
726 Fleming Avenue (Sand Hills East Apartments)
SHNA must provide a proof of purchase prior to any reimbursement of funds
C. Program Location and Specific Goals to be Achieved
SHNA shall conduct project development activities and related services in its project area
(also known as the Sand Hills Community) that incorporates the following boundaries: North
View Avenue and Oakland Avenue on the North; Bransford Road on the West; Wheeler Road
(bordering the Augusta Club) on the South; and Johns Road on the East.
D. Proiect Eligibilitv Determination
It has been determined that the use of HOME funds by the SHNA will be in compliance with
24 CFR Part 92. Notwithstanding any other provisions of this contract, SHNA shall provide
activities and serVices as described in the description of the project, including use of funds, its
goals and objectives, tasks to be performed and a detailed schedule for completing the tasks.
for this project as provided in Exhibit A of this contract. .
ARTICLE II.
BUDGET AND METHOD OF PAYMENT
The SHNA will be compensated in accordance with this Article II, Budget and Method of
Payment, that specifically identifies the use of HOME and other project funding as
represented in Article II. C.2 of this Agreement. SHNA, its directors, officers and staff will.
carry out and oversee the implementation of projects to be funded with HOME funds. SHNA
agrees to perform the required services under the general coordination of the Augusta
Housing and Economic Development Department. In addition and upon approval by
Augusta, SHNA may engage the services of outside professional services consultants and
contractors to help carry out the program and projects.
A. Augusta shall designate and make HOME Project funds available in the following
manner:
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1. Augusta agrees to pay SHNA a maximum of $ 92,128.50 under this agreement for
project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to
SHNAs compliance with all terms and conditions of this agreement and the
procedures for documenting expenses and activities as set forth in ARTICLE V.
2. The method of payment shall be in accordance with Financial Procedures as described
in Article I or Exhibit A, attached hereto and made part thereof.
3. AHED will monitor the progress of the project and SHNA's performance on a
monthly basis with regards to the production of housing units and the overall
effectiveness ofproject.
4. Upon the termination of this agreement, any unused or residual funds remaining shall
revert to Augusta and shall be due and payable on such date of the termination and
shall be paid no later than thirty (30) days thereafter.
5. Funds may not be transferred from line to line item in the project budget without the
prior written approval of Augusta.
6. The use of funds described in this agreement is subject to the written approval of the
U. S. Department of Housing and Urban Development.
7. ' This Agreement is based upon the availa~ility of HOME Program Funds.
8. SHNA will make reasonable efforts to secure additional funding sources using the
$ 92,128.50 in HOME funds awarded under this agreement as leverage to support the
Fleming Avenue Apartment Rehabilitation Project.
B. Timetable for Completion ofProiect Activities
1. SHNA will provide a detailed outline of critical project milestones and projected
expenditures during the course of the development project. These documents will
become an official part of the contractual agreement and provide the basis for overall
project performance measurements. Project must be completed within twelve months
from the signing of this agreement.
C. Proiect Budget: Limitations
1. SHNA shall be paid a total consideration of $ 92,128.50 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of the SHNA. It is also understood by both parties to this contract that
the funding provided under this contract for this specific project shall be the only
funds provided by Augusta - unless otherwise agreed to by Augusta and SHNA.
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2. SHNA shall adhere to the following budget in the performance of this contract.
A.
Proiect Activity Cost
$ 92,128.50
Rehabilitation
TOTAL HOME PROJECT COST: $ 92,18.50
ARTICLE III - RESALEIRECAPTURE PROVISIONS [24 CFR 92.254(5)]
1. The Resale/Recapture Provisions in this Article III shall ensure compliance with the
HOME Program "Period of Affordability" requirements pursuant to 24 CFR
92.254(a)(4). SHNA must assure that Resale/Recapture Provisions is included in all
sale contracts.
A. Resale Provisions r24 CFR 92.254(5)(i)l
If the initial purchaser of the property sells the home during the 20-year loan period,
SHNA has the "right of first refusal" to repurchase the property for subsequent resale
to other HOME Program-eligible purchasers. If SHNA exercises its right of first
refusal and then sells the property to another HOME program-eligible purchaser, the
new purchaser must agree to accept the restrictions on the use of the property required
by the HOME Program through the execution of a new Promissory Note and a new
Deed to Secure Debt.
B. Recapture Provisions [24 CFR 92.254(5)(ii)]
If the eligible homebuyer (who received down payment assistance [HOME Program]
funds from Augusta) sells their property, then SHNA shall recapture the HOME
funds and return the funds to Augusta, which will ensure that the recaptured HOME
Program funds are reinvested in other affordable housing in Augusta for low and
moderate-income persons. This shall be accomplished through deed restrictions,
property liens, and contractual obligations, as described in Article I.B of this
Agreement.
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by
Augusta and the SHNA (whichever date is later) and shall end at the completion of all
program activities, within the time specified in Article I.D, or in accor'dance with ARTICLE
IX: Suspensionand Termination.
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ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance
funding to SHNA or any subcontractor hereunder. All payments to SHNA by Augusta
will be made on a reimbursement basis.
B. SHNA will be responsible for providing MATCH in an amount equal to no less than
12.5 percent of the total HOME funds drawn down for project cost upon the request for
reimbursement. SHNA must supply to Augusta in writing how they will meet their
MATCH requirement upon receipt of the executed agreement.
C. SHNA shall maintain a separate account and accounting process for HOME funding
sources.
D. SHNA shall not use these funds for any purpose other than the purpose set forth in this
Agreement.
E. Subject to SHNA's compliance with the provisions of this Agreement, Augusta agrees to
reimburse all budgeted costs allowable under federal, state, and local guidelines.
F. All purchases of capital equipment, goods and services shall comply with the
procurement procedures of OMB Circular A-II0 "Uniform Administrative
Requirements for Grant Agreements with Institutions of Higher Education, Hospitals
and Other Non-Profit Organizations" as well as the procurement policy of Augusta.
G. Requests by the SHNA for payment shall be accompanied by proper documentation and
shall be submitted to HND, transmitted by a cover memo, for approval no later than
thirty (30) calendar days after the last date covered by the request. For purposes of this
section, proper documentation includes: "Reimbursement Request" form supplied by
AHED, copies of invoices, receipts, other evidence of indebtedness, budget itemization
and description of specific activities undertaken. Where HOME funds are to be used to
reimburse salary expenditures, proper documentation to include: "Time Sheet" forms
supplied by Augusta, photocopies of paychecks, paycheck stubs and/or payroll
documentation. Invoices shall not be honored if received by Augusta later than sixty
(60) calendar days after expiration date of this Agreement.
H. SHNA shall maintain an adequate financial system and internal fiscal controls.
I. Unexpended Funds: Unexpended funds shall be recaptured by Augusta. SHNA has
thirteen months from the date of this contract to expend funds. Upon written request,
Augusta will notify SHNA of the recapture of any unexpended funds which will be used
for other eligible projects proposed by Augusta.
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ARTICLE VI. PROJECT PROCEEDS
A. The HOME Final Rule at 24 CFR 92.300(a)(2) gives participating jurisdiction the of
permitting CHDOS to retain any proceeds resulting from the CHDO' s investment of
its CHDO set-aside funds or requiring the CHDO to return these proceeds to the
participating jurisdiction.
1. Proceeds must be used for HOME-eligible or other housing activities to benefit
low-income families, as required by 24 CFR 92.300(a)(2);
2. Proceeds retained by SHNA are not subject to the requirements of the HOME
regulations, except for 24 CFR 92.300(a)(2);
3. A written agreement will be executed between the City and SHNA specifying
the usage and requirements of proceeds.
B. All funds retained by SHNA must be used for HOME-eligible activities or other
housing activities that benefit low-income families as required by 24 CFR
92.300( a)(2).
ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
A. SHNA shall carry out its HOME assisted activities in compliance with all HOME
Program laws and regulations described in 24 CFR Part 92 Subpart E (Program
Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal
Requirements). These compliance activities include, but are not limited to:
1. Maximum acquisition prices [24 CFR 92.205A.2]
2. Maximum per unit HOME Program subsidy amount [Section 221 (d)(3)]
3. Combined affordability of assisted units
4. Income eligibility of home buyers
5. Inspection of the homebuyer units to comply with HUD required Property
Standards
6. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353]
7. Environmental Review
8. 203 B Program
9. Lead-based Paint Abatement
B. To document low and moderate-income benefits required in 24 CFR 570.200(a) (2).
SHNA shall maintain records that document all clients served with HOME funds. In
addition, SHNA shall document each client's race, family size, annual household
income, and whether or not the family is female-headed. Augusta shall supply
"Income Verification" forms which, when completed by those clients served by
SHNA, shall provide the information and verification described above.
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C. SHNA shall prepare and submit reports relative to this project to Augusta at Augusta's
request. Augusta shall supply SHNA with the following report forms and require the
same to be completed as requested by Augusta: "Monthly Services", "Quarterly
Progress", "Quarterly Financial" and "Annual Report". Further explanation and report
due dates are found in APPENDIX B below.
D. SHNA shall maintain books and records in accordance with generally accepted
accounting principles. Documents shall be maintained in accordance with practices
that sufficiently and properly reflect all expenditure of funds provided by Augusta
under this Agreement.
E. SHNA shall make all records for this project available to Augusta, the U.S.
Department of Housing and Urban Development, the Comptroller General of the
United States, or any of their duly authorized representatives for the purpose of
making audits, examinations, excerpts and transcriptions.
F. In compliance with OMB Circular A-110 regarding retention and custodial
requirements for records, SHNA shall maintain financial records, supporting
documents, statistical records, and all other records pertinent to this Agreement for a
period of three years, with the following qualifications:
1. If any litigation, claim or audit is started before the expiration of the 3-year
period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
2. Records for non-expendable personal property acquired with HOME grant
funds shall be retained for three years after its final disposition. Non-
expendable personal property means tangible personal property having a useful
life of more than one year and an acquisition cost of $300 or more per unit.
G. In connection with the expenditure of federal funds, SHNA shall provide to Augusta
an organization -wide audited ,financial statement consisting of a balance sheet,
income statement and a statement of changes in its fmancial position. All documents
shall be prepared by a certified public accountant. Such financial disclosure
information shall be filed with Augusta within one hundred eighty (180) calendar days
after the close of the SHNA's fiscal year. SHNA is responsible for any cost associated
with the audit. Failure to comply may result in the reallocation of funding and
termination of the contract. SHNA shall supply, upon request, documentation
maintained in accordance with practices which sufficiently and properly reflect all
expenditures of funds provided by Augusta under this Agreement.
H. Open Records Disclosure: SHNA's records related to this Agreement and the services
to be provided under the grant may be a public record subject to Georgia's Open
Records Act (O.C.G.A. ~ 50-18-70). SHNA agrees to comply with the Open Records
Act should a request be submitted to it. Further, SHNA agrees to comply with the
provisions of the Open Meetings Law and the following compliance measures will be
taken: SHNA will provide notice to the media of its regular board meeting schedule
and of any special called meetings except emergency meetings; it will post notices of
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its meetings in a public place at the meeting sites and it will keep a written agenda,
minutes, attendance, and voting record for each meeting and make the same available
for inspections by the press, the public and the Grantee, subject to the provisions of the
Open Meetings Law. The media, public and the Grantee shall not be denied
admittance to SHNA's board meetings, except for such portions of the meeting as may
be closed pursuant to the Open Meetings Law. SHNA shall provide to the Grantee a
tentative annual schedule of the Board of Directors' meetings. Publications and
minutes of each meeting shall be submitted to Grantee within 30 days' after each
meeting.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
SHNA agrees to comply with the conflict of interest provisions contained in 24 CFR
85.36,570.611, OMB Circular A-I 10 and OMB Circular A-I02 as appropriate.
This conflict of interest provision applies to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of SHNA. No person
described above who exercises, may exercise or has exercised any functions or
responsibilities with respect to the HOME activities supported under this contract; or
who are in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain any financial interest or benefit
from the activities, or have a financial interest in any contract, sub-contract, or
agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter.
For the purpose of this provision, "family ties", as defined in the above cited volume
and provisions of the Code of Federal Regulations, include those related as Spouse,
Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children,
Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the
individual holding any interest in the subject matter of this Agreement. SHNA in
the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such
as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of
Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement)
B. SHNA shall comply with the requirements and standards of OMB Circular A-122
"Cost Principles for Non-Profit Organizations" and 24 CFR part 570.502(b),
"Applicability of Uniform Administrative Requirements."
C. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by the SHNA. In such instances, SHNA shall
consult with AHED/ Augusta on any changes that will result in substantive changes to
this Agreement. All such changes shall be made via written amendments to this
Agreement and shall be approved by the governing bodies of both Augusta and
SHNA.
D. Statutes, regulations, guidelines and forms referenced throughout this Agreement are
listed in Appendix A and are attached and included as part in parcel to this Agreement.
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E. SHNA has agreed that the City will assist in procurement of services for all
professional services.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
SHNA agrees that it will conduct and administer HOME activities in conformity with
Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284
"Fair Housing Act", and that it will affirmatively further fair housing. One suggested
activity is to use the fair housing symbol and language in SHNA publications and/or
advertisements. (24 CFR 570.601).
B. Non-Discrimination
SHNA agrees to comply with 24 CFR Part I, which provides that no person shall be
excluded from participation in this project on the grounds of race, color, national
origin, or sex; or be subject to discrimination under any program or activity funded
in whole or in part with federal funds made available pursuant to the Act.
C. Non-Discrimination and Residential Property
SHNA agrees, in accordance with Executive Order 11063 and 12259 that it will not
discriminate because of race, color, religion, sex, or national origin in the sale, leasing,
rental or other disposition of residential property and related facilities, or in the use of
occupancy thereof, if such property and related facilities are, among other things,
provided in whole or in part with the aid of loans, advances, grants, or contributions
agreed to be made by the Federal Government.
D. Labor Standards
1. General: SHNA agrees that in instances in which there is construction work
over 2,000 financed in' whole or in part with HOME funds under this
Agreement, SHNA will adhere to the Davis-Bacon Act (40 USC 276), as
amended, which requires all laborers and mechanics working on the project to
be paid not less than prevailing wage-rates as determined by the Secretary of
Labor. By reason of the foregoing requirement, the Contract Work Hours and
Safety Standards Act (40 USC 327 et seq.) also applies. These requirements
apply to the rehabilitation of residential property only if such property contains
eight or more units. (24 CFR 570.603)
2. Labor Matters: No person employed in the work covered by this contract shall
be discharged or in any way discriminated against because he or she has filed
any complaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the labor
standards applicable hereunder to his or her employer. (24 CFR 570.603)
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E. Environmental Standards
SHNA agrees that in accordance with the National Environmental Policy Act of 1969
and 24 CFR part 58, it will cooperate with Augusta!AHED in complying with the Act
and regulations, and that no activities will be undertaken until notified by
Augusta! AHED that the activity is in compliance with the Act and regulations. Prior
to beginning any project development activity, an environmental review must be
conducted by the Augusta-Richmond County Planning Department pursuant to (24
CFR 570.604). .
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128),
SHNA agrees that HOME funds shall not be expended for acquisition or construction
in an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards (representing the 100-year floodplain). Exceptions will
be made if the community is participating in the National Flood Insurance Program or
less than a year has passed since FEMA notification and flood insurance has been
obtained in accordance with section 102(a) of the Flood Disaster Protection Act of
1973.
G. Displacement and Relocation
SHNA agrees to take all reasonable steps to minimize displacement of persons as a
result of HOME assisted activities. Any such activities assisted with HOME funds
will be conducted in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) and the Housing and Community
Development Act of 1974 (24 CFR 570.606).
H. Non-Discrimination in Employment
SHNA agrees to comply with Executive Order 11246 and 12086 and the regulations
issued pursuant thereto (41 CFR 60) which provides that no person shall be
discriminated against on the basis of race, color, religion, sex or national origin. The
SHNA will in all solicitations or advertisements for employees placed by or on behalf
of the SHNA, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin or familial
status.
I. Employment and Business Opportunities
SHNA agrees that low and moderate income persons residing within Augusta-
Richmond County; and that contracts for work in connection with the project be
awarded to eligible business concerns which are located in or owned in substantial part
by persons residing in Augusta-Richmond County - (24 CFR 570.697).
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J. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of
the CDBG Regulations, SHNA agrees to comply with the Lead Based Paint Poisoning
Prevention Act pursuant to prohibition against the use of lead-based paint in
residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard
to notification of the hazards of lead-based paint poisoning and the elimination of
lead-based paint hazards.
K. Debarred. Suspended or Ineligible Contractor
SHNA agrees to comply with 24 CFR 570.609 with regards to the direct or indirect
use of any contractor during any period of debarment, suspension or placement in
ineligibility status. No contract will be executed until such time that the debarred,
suspended or ineligible contractor has been approved and reinstated by AHED.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, SHNA agrees to administer a policy to
provide a drug-free workplace that is free from illegal use, possession or distribution
of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of
1988.
M. Publicity
Any publicity generated by the SHNA for the project funded pursuant to this
Agreement, during the term of this Agreement or for one year thereafter, will make
reference to the contribution of Augusta-Richmond County in making the project
possible. The words "Augusta-Richmond County Department of Housing and
Economic Development" will be explicitly stated in any and all pieces of publicity;
including but not limited to flyers, press releases, posters, brochures, public service
announcements, interviews, and newspaper articles.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if the SHNA fails to expend its grant funds in a
timely manner, such failure shall constitute a material failure to comply with this
Agreement and invoke the suspension and termination provisions of ARTICLE IX.
For purposes of this Agreement, timely expenditure of funds means the SHNA shall
obligate and expend its funds as designated under ARTICLE I. (C), (D) and (E).
O. Compliance with Laws and Permits
The SHNA shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit no trespass on any public or private
property in performing any of the work embraced by this contract. SHNA agrees to
obtain all necessary permits for intended improvements or activities.
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P. Assignment of Contract
SHNA shall not assign any interest in this contract or transfer any interest in the same
without the prior written approval of Augusta.
Q. Equal Employment Opportunity
SHNA agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR part 146 and the prohibitions against otherwise qualified
individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the
emergency shelter grants program, the term dwelling units in 24 CFR part 8 shall
include sleeping accommodations.
R. Affirmative Action
SHNA will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. SHNA will take
affirmative action. to insure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, national
origin, or SHNA social status. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or advertising;
lay-off or termination, rates of payor other forms of compensation; and selection for
training, including apprenticeship. SHNA agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by
Augusta setting forth the provisions of this nondiscrimination clause. The SHNA
agrees to make efforts to encourage the use of minority and women-owned business
enterprises in connection with HOME supported activities.
S. Religious Influence
The SHNA will not discriminate against any employee or applicant for employment
on the basis of religion and will not give preference of persons on the basis of religion.
SHNA will not discriminate against any person applying for shelter on the oasis of
religion. SHNA will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing and exert no
religious influence in the provision of shelter and other eligible activities funded by
this grant.
T. Indirect Costs
Indirect costs will only be paid if SHNA has a indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
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U. Travel
If applicable, SHNA shall obtain prior written approval from the Grantee for any
travel outside the State of Georgia with funds provided under this contract. All Federal
Travel Regulations are applicable (41 CFR Part 301).
V. Construction Requirements - SEE APPENDIX C
All housing units [rehabilitated, reconstructed or newly constructed] and assisted with
HOME Program funds must, before occupancy, meet the Property Standards specified
at 25 CFR 92.251 [the HOME Program Regulations]. The Property Standards at 24
CFR 92.251 require that the homes receiving HOME Program funds must meet all
local codes for new construction. In the absence of local codes, properties must meet
the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this
Agreement is "new construction" by HOME Program defmition and therefore must
meet the local building codes for new housing in Augusta-Richmond County, as
applicable.
ARTICLE X.
SUSPENSION AND TERMINATION
A. In the event SHNA materially fails to comply with any terms of this agreement,
including the timely completion of activities as described in the timetable and/or
contained in ARTICLE I, Scope of Services, or the provisions of ARTICLE VIII(N),
Augusta may withhold cash payments until SHNA cures any breach of the agreement.
If SHNA fails to cure the breach, Augusta may suspend or terminate the current award
of HOME funds for the SHNA's program.
B. Notwithstanding the above, the SHNA shall not be relieved of its liability to Augusta
for damages sustained as a result of any breach of this agreement. In addition, to any
other remedies it may have at law or equity, Augusta may withhold any payments to
the SHNA for the purposes of set off until such time as the exact amount of damages
is determined.
C. In the best interest of the program and to better serve the people in the target areas and
fulfill the purposes of the Act, either party may terminate this Agreement upon giving
thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing
so. In the event Augusta terminates the Agreement, Augusta shall pay SHNA for
documented committed eligible costs incurred prior to the date of notice of
termination.
D. Notwithstanding any termination or suspension of this Agreement, SHNA shall not be
relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII,
IX, XI, and XII of this agreement with respect to HOME funds previously disbursed
or income derived therefrom.
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ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing,
sent by certified United States mail, return receipt requested, addressed to the party for whom
it is intended, at the place last specified, and the place for giving of notice shall remain such
until it shall have been changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
530 Green Street, Suite 801
Augusta, Georgia 30911
With copies to:
Augusta Housing and Economic Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, Georgia 30901
SHNA will receive all notices at the address indicated below:
Sand Hills Neighborhood Association, Inc.
P.O. Box 3151
Augusta, Georgia 30909
ARTICLE XII.
INDEMNIFICATION
SHNAI at all times hereafter indemnify and hold harmless Augusta, its officers, agents and
employees, against any and all claims, losses, liabilities, or expenditures of any kind,
including court costs, attorney fees and expenses, accruing or resulting from any or all suits or
damages of any kind resulting from injuries or damages sustained by any person or persons,
corporation or property, by virtue of the performance of this Agreement. By execution of
this Agreement, SHNA specifically consents to jurisdiction and venue in the Superior Court
of Richmond County, Georgia and waives any right to contest jurisdiction.or venue in said
Court.
ARTICLE XIII.
INSURANCE AND BONDING
SHNA shall acquire adequate insurance coverage to protect all contract assets from loss or
damage resulting from theft, fraud or physical damage. All policies and amounts of coverage
shall be subject to approval by Augusta. Additionally, SHNA shall procure and provide for
approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all
personnel of the SHNA handling or charged with the responsibility for handling funds and
property pursuant to this contract. SHNA shall procure and provide, for approval by the
Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00
insuring the Grantee and adding as named insured the Augusta, the Mayor, Commissioners,
and Augusta's officers, agents, members, employees, and successors.
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Additionally, SHNA shall procure officers and directors liability insurance under policies to
be approved by the Augusta. All of the above policies shall provide that no act or omission of
the grantee, its agents, servants or employees shall invalidate any insurance coverage for other
named insured. No insurance policy providing insurance coverage required to be provided by
SHNA hereunder shall be cancelable without at least fifteen days advance written notice to
the Grantee. All insurance policies required hereunder or copies thereof shall be promptly
submitted for approval by the Augusta.
ARTICLE XIV.
PRIOR AND FUTURE AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of this agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. Augusta is not obligated to provide
funding of any kind to SHNA beyond the term of this Agreement.
ARTICLE XV.
LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation
to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement
shall be read and enforced as though it were included herein and if, through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, then upon application
of either party this Agreement shall forthwith be amended to make such insertion.
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ARTICLE XVI.
COUNTERPARTS
This agreement is executed in two (2) counterparts - each of which shall be deemed an
original and together shall constitute one and the same Agreement with one counterpart being
delivered to each party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above:
ATTEST:
AUGUSTA, GEORGIA
(Augusta)
rih S_EAL~
LtlIt
Clerk of Commission
~.
ATTEST:
SAND HILLS NEIGHBORHOOD ASSOCIATION. INC.
(Grantee)
SEAL
/""t
, /..
(p!d? UArUlW yq 4? DAA-
~.. A, Its Corpo:ate Secretary
7~' trj~
(plam Witness)
~~
By: ' . - ( v . .
As Its President
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APPENDIX A
Statutes:
24 CFR Part 92, HOME Investment Partnerships Program ("HOME")
OMB Circular A-II0 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 - Cost Principles for Non-Profit Organizations
OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit
Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 - HUD Requirements for Notification, Evaluation and Reduction of Lead-Based
Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential
Property being sold, Final Rule
Augusta-Richmond County Procurement Policy
Forms:
Income Verification and Income Limits Table
Inventory
Time Sheet
Reimbursement Request
Monthly Statistical Reports
Quarterly Program Progress
Quarterly Financial Report
Annual Program Report
Travel Log
Conflict of Interest Affidavit
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APPENDIX B
REPORTING REQUIREMENTS
The SHNA shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports
Due each month by the 10th for the previous month.
2. Quarterly Progress & Financial Reports
3. Annual Progress Report
4. Audit/Financial Report (No later than April 15, 2006)
5. Grantee shall maintain files on each person assisted. Each file shall contain,
but is not restricted to, income data and verification for each person assisted;
application for services; record of services provided; amount of services
provided; documentation of costs for which assistance is provided;
transportation log; documentation of medical need regarding prescriptions; and
any other document that will provide proof of needed service(s) and
subsequent provision of such service(s) as allowed under this contract.
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APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and
ordinances, including, but not limited to, the following:
A. "Standard Building Code", 2000 Edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
D. "National Electric Code", latest edition, National Fire Protection Association,
Quincy, Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. "ADA Accessibility Guidelines for Buildings and Facilities", Department of Justice,
American with Disabilities Act of 1990".
G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
H. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29,
Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18,
1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title
29, Code of Federal Regulations (Federal Register, Volume 37, Number 243,
December 16, 1972..
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f).
2. Bidding:
A. Only contractors included on the Augusta-Richmond County Housing & Economic
Development Department Approved Contractor List may bid on construction
projects funded with CDBG funds
B. All bids will be awarded to the lowest bidder submitting an accurate and qualified
bid.
C. All bidding documents and procedures will be made available for HND review upon
request
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... \-
3. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG projects may
apply for inclusion on the AHED Approved Contractor List. Applications will be
processed and either approved or disapproved within 10 working days. Under no
circumstances will barred, disapproved, or otherwise ineligible contractors be allowed to
bid on CDBG funded projects.
4. Project Review. All plans, specifications, work write-ups, projected cost estimates,
punch lists or other means of outlining work on a particular project will be submitted in
writing to AHED for review and approval prior to bidding. AHED Construction and
Rehabilitation Inspectors will review these items for compliance with new construction
and/or rehabilitation standards and materials use.
5. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical
Condition Standards for BUD Housing." Workmanship and material standards will
comply with the Augusta-Richmond County Housing & Economic Development
Department Contractors Manual and Performance Standards. A copy of this manual is
provided to every contractor when included on the AHED Approved Contractors List. A
copy is enclosed for inclusion.
6. Inspections. All projects will be inspected and approved by an AHED Construction and
Rehabilitation Inspector prior to release of the funds for that project.
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EXHIBIT" A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Economic Development Department agrees to
provide up to $92,128.50 in Year 2005 HOME Investment Partnerships Funds to Sand
Hills Neighborhood Association, Inc.. These funds will support the Fleming Street
Apartments Rehabilitation Project.
2. In connection with the acquisition of HOME funded development sites, the SHNA
shall submit to AHED an overall land development plan. This plan should identify the
proposed properties to be acquired in connection with the phased implementation of
the Fleming Street Apartments Rehabilitation Project. Prior to the purchase of any
HOME funded development sites, SHNA shall notify AHED of the proposed location
and estimated acquisition prices. This information shall be supported with a valid
appraisal or reasonable basis for establishing the purchase price for the property. The
acquisition of HOME development sites, the proposed houses, construction timetable,
sales amount and other project development information will be specified in EXHIBIT
B. Each new project added under EXHIBIT B must be submitted to HND for review
and approval by the Executive Director of the Housing and Economic Development
Department or his or her designated project representative.
3. AHED must review and approve all residential design plans, project specifications and
total development cost for each residential development project before work is
commenced and before funds can be released for payment reimbursement.
Construction payments will be released to SHNA in accordance with a payment
schedule outlined in the construction contract between SHNA and the Contractor.
4. SHNA will provide the lots on which all new affordable homes are to be built under
this agreement and in connection with the Fleming Street Apartments Rehabilitation
Project.
5. With AHED approval, SHNA may use HOME funds under this agreement for the
following purposes:
a. To support development costs as outlined in Item 6 below.
b. As the source of funds from which a project developer fee will be paid as
outlined in Item 7 below.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be identified on a
project-by-project basis in EXHIBIT B. In no case will this amount exceed the
maximum per unit amount as defined at 24 CFR 92.250.
b. SHNA will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications and
the project budget.
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c. SHNA must make sure contractor obtains and posts all permits on job site. Prior
to releasing final payment on each house, SHNA must also secure a Certificate of
Occupancy from the contractor that has been issued by the Department of Licenses
and Inspection.
d. SHNA must collect progress and final lien releases from the contractor,
subcontractors and material suppliers prior to making a payment to a contractor.
e. AHED may continually inspect each house for contract compliance and to
determine the percent of completion prior to processing a draw request and
releasing payment. AHED may elect to make up to five (5) payments per house.
AHED may choose not to release payments if the work being performed is not of
acceptable quality to AHED and if the house is not being built or rehabilitated in
accordance with plans and specifications, or if project is not on schedule.
7. Permanent Financing and Sales Prices
a. The sales price of each home sold in accordance with this agreement must be based
on a formal appraisal. Unless otherwise agreed to by AHED, the sales price of
each house shall not exceed the appraised value of the house.
b. The purchasers of houses constructed with HOME funds must meet HOME and
City of Augusta program requirements.
c. Buyers will be required to borrow no less than 60% of the sale price of the house
from a private.lending institution unless otherwise agreed to by AHED.
d. When necessary, SHNA may leave HOME development funds in a house as a
second mortgage permanent loan to the purchaser. SHNA will, however, be
required to assign these loans to AHED once they have been executed.
Proiect Developer Fees
a. SHNA can draw down up to 15 % of development cost and fees of the HOME
funds awarded under this agreement to pay itself a project developer fee.
b. The total development cost must be met if there is to be a reduction in sell price of the
home, developer understand the reduction originates from developers fee. The developer will
not receive agreed development percentage.
Note: The above developer fee structure relates only to single family affordable housing
development projects. Any other development fee such as that for a multi-family rental
project (or other commercial development) must be negotiated separately and approved by
the Executive Director of HND or his/her designated representative prior to payment to
grantee.
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