HomeMy WebLinkAboutCONTRACT BETWEEN ARC AND ANTIOCH MINISTRIES INC IN AMT OF $291,553.00 YR YR 2010 HOME INVESTMENT PARTNERSHIP PROGRAM "hOLLEY STREET EAST PROJECT" YR 2010 �
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CONTRACT
Between
AUGUSTA, GEORGIA
And
ANTIOCH MINISTRIES, INC.
In the amount of
$291,553.00
Two Hundred Ninety One Thousand Five Hundred and Fifty-Three Dollars & 00/100
For Fiscal Year 2010
Providing Funding From
HuME INVESTMENT PARTNERSHIPS PROGRAM
"Holley Street East Project"
THIS AGREEMENT ("Contract"), is made and entered into as of the o2��da of �
Y �`�`�
2011 ("the effective date") by and between Augusta, Georgia, acting through the Housing and
Community Development Department (hereinafter referred to as "AHCDD") — with principal
offices at 925 Laney Walker Blvd., 2 Floor, Augusta, Georgia 30901, as party of the first part
(hereinafter called "Augusta"), and Antioch Ministries, Inc. , a non-profit organization pursuant
to the Laws of the State of Georgia (hereinafter called "ANfI") as party in the second part.
WITNESSETH
WHEREAS, Augusta 'rs qualified by the U.S. Department of Housing and Urban Development
(hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta 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 eligible families; as
defined by HUD; and
WHEREAS, the grantee is a designated Community Housing and Development Organization
(hereinafter called "CHDO") 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 it HOME Program grant funds, as described in the Augusta-
Richmond County Consolidated Plan 2010-2014; and the Year 2010 Annual Action Plan; and
Augusta Housing and Community Development Department Page 1
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WHEREAS, Augusta must reserve not less than fifteen percent (15%) of its allocated HOME
entitlement funds for investments in affordable housing to be developed, sponsored or owned by
a designated CHDO; and
WHEREAS, Augusta wishes to enter into a contractual agreement with Antioch Ministries, Inc.
for the administration of HOME eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be an 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, AMI has been selected and approved through a solicitation process for
development partners to assist in the redevelopment of Laney Walker/Bethlehem communities.
WHEREAS, AMI has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, AMI has requested and Augusta has approved a total of $291,553.00 in loan funds
to perform eligible activities as described in Article I below;
NOW, TIIEREFORE, 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
a. Proiect Description �
AMI agrees to utilize approved HOME funds to support project related costs
associated with the Holley Street East project. This project is the construction of
affordable housing units which involves development and construction of two single
family units within the Holley Street Community. Under this agreement:
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i. Perform new construction services for 2(two) single family unit.
ii. Perform all required and requested �narketing and advertising activities;
in accordance with "Fair Housing" regulations
iii. All projects are to posses the following components:
1. Evidence of additional financing resources "Leveraging"
2. Evidence of Site Control
3. At the time of sales, evidence that a qualified homebuyer has been
identified, received and completed a comprehensive home buying
education course(s) and pre-purchase housing counseling program;
prior to the completion of the assigned home.
B. Use of Funds
HOME Program funds shall be used by AMI for the purposes and objectives stated in
Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of HOME funds
for any other purpose(s) is not permitted. The following summarizes the proposed uses of
funds under this agreement:
a. Construction Loan
An amount not to exceed $218,553.00 in a loan shall be expended by AMI from year
2010 HOME Program funds for construction costs related to the development of an
affordable single family unit in the Holley Street Community. The design and
specifications must be approved by AHCDD prior to construction (E�ibit A). Funds will
be used to assist with the cost of all construction related fees. This unit will be
constructed by AMI and made available for purchase by HOME Program eligible low
and moderate income homebuyers.
The address for this project is:
i. 1218 Hollev Street & 1224 Hollev Street, Augusta , Georgia 30901
AMI may request a change of address through written request.
AMI will provide 75% of the construction cost through a construction loan. The total
project cost is estimated to be approximately $523,368.00
Initial:
Augusta Housing and Community Development Department Page 3
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b. Demolition and Clearance
An amount not to exceed $18,000.00 in a grant shall be expended by AMI to support the
demolition and clearing of sites to be used construct affordable single-family housing
units to be made available for purchas by HOME program eligible low and moderate-
income homebuyers.
c. Developers Fee
An amount not to exceed $20,000.00 in a grant shall be expended to Laney-Walker in
support of the project development fees. AMI can draw down up to $10,000.00 per house
to pay itself a project developer's fee.
Draw downs are to be requested at the milestones listed below:
i. $ 1,000.00 When plans have been approved by AHCD and AMI has
entered into a contract to begin construction.
ii. $ 3,000.00 When construction is 50% complete.
iii. $ 5,000.00 When construction is 100% complete.
iv. $ 1,000.00 At closing of property.
Initial:
d. Soft Cost
An amount not to exceed $35,000.00 in a loan shall be expended to AMI for to support
the soft cost of construction to be used to construct two affordable single-family housing
units to be made available for purchase by HOME program eligible low and moderate-
income homebuyers.
Initial:
C. Program Location and Specific Goals to be Achieved
AMI shall conduct project development activities and related services in its project area
(also known as the Holley Street Community) that incorporates the following boundaries:
Holley Street on the West; 12�' Street on the East; Wrightsboro Road on the South; and
Laney Walker Boulevard on the North and its designated geographic boundaries
approved by AHCD.
Augusta Housing and Community Development Department Page 4
D. Proiect Eligibility Determination
It has been determined that the use of HOME Program funds by AMI will be in
compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract,
AMI shall provide activities and services as described in the description of the project,
including use of funds, its goals and objectives, tasks to be performed and a detailed
schedule for completing the tasks for this project as provided in Exhibit A of this
contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
AMI will be compensated in accardance with this Article II, Budget and Method of Payment,
that specifically identifies the use of HOME funds and any other project funding as represented
in Article IL C. 2 of this Agreement.. Antioch Ministries, Inc. agrees to perform the required
services under the general coordination of AHCD. In addition and upon approval by Augusta,
AMI may engage the services of outside professional services, consultants, and contractors to
help carry out the program and project.
A. Funds
Augusta shall designate and make HOME Program funds available in the following
manner:
a. Augusta agrees to pay AMI a maximum of $291,553.00 under this agreement
for project expenses incurred as outlined in ARTICLE I, Scope of Services,
subject to AMI's compliance with all terms and conditions of this agreement
and the procedures for documenting expenses and activities as set forth in
ARTICLE V.
b. The method of payment shall be on a reimbursement basis. The
Reimbursement Form can found in Appendix B. For invoicing, Antioch
Ministries, Inc. will include documentation showing proof of payment in the
form of a cancelled check attached with its respective invoice and completed
reimbursement form that includes amount requested amount remaining and
specific line item names that relate to the contract budget found in Appendix
A.
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c. AHCD will monitor the progress of the project and AMIs performance on a
monthly basis with regards to the production of housing units and the overall
effectiveness of project.
d. 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.
e. Funds may not be transferred from line item to line item in the project budget
without prior written approval of Augusta thru AHCDD.
f. The use of fiznds described in this agreement is subject to the written approval
of the U. S. Department of Housing and Urban Development.
g. This Agreement is based upon the availability of HOME Program funds.
h. Antioch Ministries, Inc. will make reasonable efforts to secure additional
funding sources using the $291,553.00 in HOME Program funds awarded
under this agreement as leverage to support the "Holley Street East". A copy
of this letter will be attached in Appendix C.
Initial: �
B. Proiect Financin�
AHCDD will fund no more than twenty-five percent (25%) of the total construction
costs of a single project, and seeks to provide AMI with the necessary HOME
Program Agreement upon receipt of AMI financial commitment letter for 75% of the
total cost of construction from a reputable financial institution.
The other portion can be used for other project related costs as described below:
a. AMI's funding can be used to cover project related soft costs
(architectural/engineering fees, other related professional fees, affirmative
marketing and fair housing services, and other soft costs as deemed eligible)
b. All funding is being provided at a 0% non-amortizing loan to be repaid once
the house sales.
Initial:
Augusta Housing and Community Development Department Page 6
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C. Timetable for Completion of Proiect Activities
AMI shall obligate the designated HOME Program funds within six months of the
date of execution of this Agreement. Based on the budget outlined in C.2 below,
Antioch lV�inistries, Inc. will provide a detailed outline of critical project milestones
and projected expenditures during the course of the development project as E�ibit B.
These documents will become an official part of the contractual agreement and
provide the basis for overall project performance measurements.
Initial.• �Z��'"
D. Proiect Budget: Limitations
AMI shall be paid a total consideration of $291,553.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of Antioch Ministries, Inc.. It is also understood by both parties to this
contract that the funding provided under this contract for this specific project shall be
the only funds provided by Augusta- unless otherwise agreed to by Augusta and
Antioch Ministries; Inc.
AMI shall adhere to the following budget in the performance of this contract:
Construction $ 218,553.
Soft Costs $ 35,000
Demolition and Clearance $ 18,000
Developer's Fee $ 20,000
Total Project Activity Cost $ 291,553.00
Initial:
Augusta Housing and Community Development Department Page 7
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ARTICLE III. RESALE/RECAPTURE PROISIONS [24 CFR 92.254(5)]
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). 24 CFR
92.254 required that the City, its subrecipients, and CHDOs follow certain resale/recapture
restrictions with regard to its HOME-funded homebuyer program. Each property sold to a
homebuyer will remain affordable for the duration of the affordability period or the City will use
the recapture option.
If the eligible homebuyer (who received down payment assistance [HOME Program] or other
development subsidy funds from Augusta) sells their property, then AHCDD shall capture the
HOME funds 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 AMI (whichever date is later) and shall end at the completion of all program
activities, within the time specified in Article I. D, or in accordance with Article VII: Suspension
and Termination. I
ARTICLE V: DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance
funding to Antioch Ministries, Inc., or any subcontractor hereunder.
B. AMI shall maintain a separate account and accounting process for HOME funding
sources.
C. AMI shall not use these funds for any purpose other than the purpose set forth in this
Agreement
D. Subject to AMI compliance with the provisions of this Agreement, Augusta agrees to
reimburse all budgeted costs allowable under federal, state, and local guidelines.
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E. All purchases of capital equipment, goods and services shall comply with the
procurement procedures of OMB Circular A-110 "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.
F. Requests by AMI farpayment shall be accompanied by proper documentation and shall
be submitted to AHCDD, transmitted by a cover memo, for approval no later than their
(30) calendar days after the last date covered by the request. For purposes of this section,
proper documentation includes: "Reimbursement Request Form" supplied by HCD,
copies of invoices, receipts, other evidence of indebtedness, budget itemization and
description of specific activities undertaken. Invoices shall not be honored if received by
AHCDD later than sixty (60) calendar days after expiration date of Agreement. The
reimbursement request form is in Appendix B.
G. AMI shall maintain an adequate financial system and internal fiscal controls
H. The homebuyer subsidy will be determined after the amount of the buyer's permanent
mortgage has been determined.
I. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may
consider the reallocation of unexpended funds to eligible projects proposed by Laney-
Walker.
Initial:
ARTICLE VI. REPAYMENT/PROGRAM INCOME
A. AMI may retain a portion of the profit for from sale of the house as proceeds generated
from a CHDO development activity. The proceeds shall be used in the following manner:
a. HOME eligible activities
b. Other 1ow income housing activities, which may include operational support of
the CHDO (assuming the CHDO continues to meet its mission of providing
affordable housing.)
B. All funds retained by Laney-Walker must be used for HOME eligible activities or other
housing activities that benefit low income families as required by 24 CFR 92.300(a)(2).
C. AMI shall report quarterly the use of proceeds to Augusta. The report shall indicate how
the funds are acquired and how the funds were utilized.
D. Augusta will be responsible for monitoring the reuse of the proceeds.
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E. Any real property under AMI control that was acquired or improved in whole or in part
with HOME funds in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five
years after the expiration of this Agreement; or
b. Be disposed of in a manner that results in Augusta being reimbursed in the
amount of the current fair market value of the property, less any portion of the
value attributable to expenditures of non-HOME funds for acquisition of, or
improvement to, the property.
F. Any HOME funds invested in housing that does not meet the affordability requirements
for the period specified in §92.252 or §92.254, as applicable, must be repaid by AML
G. Any HOME funds invested in a project that is terminated before completion, either
voluntarily or otherwise, must be repaid by AML
H. If AMI is found to be in non-compliance with the HOME Program laws and regulations
as describe in 24 CFR Part 92, the organization will be required to reimburse the City for
the funding associated with the noncompliance issues.
ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
AMI 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:
a. M�imum acquisition prices [24 CFR 92.205A.2]
b. Ma�imum per unit HOME Program subsidy amount [Section 221(d)(3)]
c. Combined affordability of assisted units
d. Income eligibility of assisted unites
e. Inspection of the homebuyer units to comply with HUD required Property Standards
£ Acquisition, Displacement and Relocation Requirements [24 CFR 92.353]
g. Environmental Review
h. Lead-based Paint Abatement
i. Property Value [Section 203(b) Limits]
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To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Antioch
Ministries, Inc. shall maintain records that document all clients served with HOME funds. In
addition, AMI shall document each client's race, family size, annul 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 AMI, shall provide the information and
verification described above.
AMI shall prepare and submit reports relative to this project to Augusta at Augusta's request.
Augusta shall supply Laney-Walker 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.
AMI 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.
AMI 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.
In compliance with OMB Circular A-110 regarding retention and custodial requirements for
records, AMI 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:
a. 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.
b. Records for non-spendable personal property acquired with HOME grant
funds shall be retained for three yeaxs 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.
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In connection with the expenditure of federal funds, AMI shall provide to Augusta and
organization — wide audited financial statement consisting of a balance sheet, income statement
and a statement of changes in its financial position. All documents shall be prepared by certified
public accountant. Such financial disclosure information sha11 be filed with Augusta within,one
hundred eighty (180) calendar days after the close of the AMI fiscal year. AMI is responsible for
any cost associated with the audit. Failure to comply may result in the reallocation of funding
and termination of the contract. AMI shall supply, up on request, documentation maintained in
accordance with practices which sufficiently and properly reflect all expenditures of funds
provided by Augusta under this Agreement.
Open Records Disclosure: AMI's records related to this Agreement and the services to be
provided under the agreement may be a public record subject to Georgia's Open Records Act
(O.C.G.A. §50-18-70). AMI agrees to comply with the Open Records Act should a request be
submitted to it. Further, Antioch Ministries, Inc. agrees to comply with the provision of the Open
Meetings Law and the following compliance measures will be taken:
a. AMI will provide notice to the Augusta Chronicle and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called
meetings except emergency meetings;
b. AMI will post notices of its meetings in a public place at the meeting sites and it will
keep a written agenda, minutes, attendance, and voting record for each meeting and
make the same available for inspections by the press, the public and the Grantee,
subject to the provision of the Open Meetings Law.
c. The press, public, and the Grantee shall not be denied admittance to AMI's board
meetings, except for such portions of the meeting as may be closed pursuant to the
Open Meetings Law.
d. AMI shall provide the Grantee a tentative annual schedule of the Board of Director's
meetings. Publications and minutes of each meeting shall be submitted to Crrantee
within 30 days after each meeting.
ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS
Antioch Ministries, Inc. agrees to comply with the conflict of interest provisions contained in 24
CFR 85.36, 570.61 l, OMB Circular A- 110 and OMB circular A- 102 as appropriate.
Augusta Housing and Community Development Department Page 12
This conflict of interest provisions applies to any person who is an employee, agent, consultant,
ofFicer, or elected official or appointed official of AMI. No person described above who
exercises, may exercise or has exercised any functions or responsibilities with 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 whom they have business or family ties, during their tenure or for one year thereafter.
For the purpose of this provision, "family ties", as defined in the above cited volume and
provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother,
Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-
law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the
subject matter of this Agreement. Antioch Ministries, Inc. in the persons of Directors, Officers,
Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and
Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as
part in parcel to this Agreement)
AMI 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."
Augusta may, from time to time, request changes to the scope of this agreement and obligations
to be performed hereunder by AML In such instances, AMI shall consult with AHCDD/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 AMI.
Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix D and are attached and included as part of parcel to this Agreement.
Initial:
Augusta Housing and Community Development Department Page 13
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housin�
Antioch Ministries, Inc. agrees that it will conduct and administer HOME activities in
conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub.
L. 90-284 "Fair Housing Act", and that it will affirmatively further fair housing. One
suggested activity is to use the fair housing symbol and language in AMIs publications
andlor advertisements. (24 CFR 570.601).
B. Princinal Residence
Antioch Ministries, Inc. agrees that the HOME funded housing must be acquired by a
homebuyer whose family qualifies as low-income family and the housing must be the
principal residence of the family throughout the period of affordability. Annually, AMI
shall forward a letter to the homeowner certifying that the HOME assisted property is still
their principal place of residency.
C. Period of Affordability
Antioch Ministries, Inc., agrees to comply with § 92.254(a)3, which states that the
HOME assisted housing must meet the affordability requirements for not less than the
applicable period specified within this regulation and beginning after project completion.
D. Ownership Interest
Antioch Ministries, Inc., agrees that the ownership in the housing assisted must meet the
definition of "homeownership" in §92.2.
E. Non-Discrimination
Antioch Ministries, Inc. agrees to comply with 24 CFR Part I, which provides that no
person shall be excluded from participation in this project on the grounds of race, color,
national origin, or sex; or be subject to discrimination under any program or activity
funded in whole or in part with federal funds made available pursuant to the Act.
Augusta Housing and Community Development Department Page 14
F. Non-Discrimination and Residential Propertv
Antioch Ministries, Inc. agrees, in accordance with Executive Order 11063 and 12259
that it will not discriminate because of race, color, religion, sex, or national origin in the
sale, leasing, rental or other disposition of residential property and related facilities, or in
the use of occupancy thereof, if such property and related facilities are, among other
things, provided in whole or in part with the aid of loans, advances, grants, or
contributions agreed to be made by the Federal Government.
G. Labor Standards
1. General: Antioch Ministries, Inc. agrees that in instances in which there is
construction work over $2,000 financed in whole or in part with HOME funds
under this Agreement, 'AMI will adhere to the Davis-Bacon Act (40 USC 276), as
amended, which requires all laborers and mechanics working on the project to be
paid not less than prevailing wage-rates as determined by the Secretary of Labor.
By reason of the foregoing requirement, the Contract Work Hours and Safety
Standards Act (40 USC 327 et seq.) also applies. These requirements apply to the
rehabilitation of residential property only if such property contains eight or more
units. (24 CFR 570.603)
2. Labor Mat�ers: 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 standaxds applicable
hereunder to his or her employer. (24 CFR 570.603)
H. Environmental Standards
Antioch Ministries, Inc. agrees that in accordance with the National Environmental
Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in
complying with the Act and regulations, and that no activities will be undertaken until
notified by Augusta/HCD that the activity is in compliance with the Act and regulations.
Prior to beginning any project development activity, an envirorunental review must be
conducted by the Augusta-Richmond County Planning Department pursuant to (24 CFR
570.604).
I. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), Antioch
Ministries, Inc. agrees that HOME funds shall not be expended for acquisition or
Augusta Housing and Community Development Department Page 15
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.
J. Displacement and Relocation
Antioch Ministries, Inc, agrees to take all reasonable steps to minimize displacement of
persons as a result of HOME assisted activities. Any such activities assisted with HOME
funds will be conducted in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) and the Housing and Community
Development Act of 1974 (24 CFR 570.606).
K. Non-Discrimination in Emplovment
Antioch Ministries, Inc. agrees to comply with Executive Order 11246 and 12086 and the
regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be
discriminated against on the basis of race, color, religion, sex or national origin. Antioch
Ministries, Inc. will in all solicitations or advertisements for employees placed by or on
behalf of Antioch Ministries, Inc., state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin
or familial status.
L. Emplovment and Business Opportunities
Antioch Ministries, Inc. agrees that low and moderate income persons residing within
Augusta-Richmond County; and that contracts for work in connection with the project be
awarded to eligible business concerns which are located in or owned in substantial part
by persons residing in Augusta-Richmond County -(24 CFR 570.697).
M. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of the
CDBG Regulations, Antioch Ministries, Inc. agrees to comply with the Lead Based Paint
Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in
residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to
notification of the hazards of lead-based paint poisoning and the elimination of lead-
based paint hazards.
Augusta Housing and Community Development Department Page 16
N. Debarred, Suspended or Ineligible Contractor
Antioch Ministries, Inc. agrees to comply with 24 CFR 570.609 with regards to the direct
or indirect use of any contractor during any period of debarment, suspension ar
placement in ineligibility status. No contract will be executed until such time that the
debarred, suspended or ineligible contractor has been approved and reinstated by HCD.
O. Dru� Free Workplace
In accordance with 24 CFR part 24, subpa.rt F, AMI agrees to administer a policy to
provide a drug-free workplace that is free from illegal use, possession or distribution of
drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
P. Publicitv
Any publicity generated by Antioch Ministries, Inc. for the project funded pursuant to
this Agreement, during the term of this Agreement or for one year thereafter, will make
reference to the contribution of Augusta-Richmond County in making the project
possible. The words "Augusta-Richmond County Department of Housing and
Community Development" will be explicitly stated in any and all pieces of publicity;
including but not limited to flyers, press releases, posters, brochures, public service
announcements, interviews, and newspaper articles.
Q. Timelv Expenditure of Funds
In accordance with 24 CFR 85.43, if Antioch Ministries, Inc. fails to expend its grant
funds in a timely manner, such failure shall constitute a material failure to comply with
this Agreement and invoke the suspension and termination provisions of ARTICLE X.
For purposes of this Agreement, timely expenditure of funds means Antioch Ministries,
Inc. shall obligate and expend its funds as designated under ARTICLE II. (B).
R. Compliance with Laws and Permits
Antioch Ministries, Inc. shall comply with all applicable laws, ordinances and codes of
the federal, state, and local governments and shall commit no trespass on any public ar
private property in performing any of the work embraced by this contract. Antioch
Ministries, Inc. agrees to obtain all necessary permits for intended improvements or
activities.
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5. Assi�nment of Contract
Antioch Ministries, Inc. shall not assign any interest in this contract or transfer any
interest in the same without the prior written approval of Augusta.
T. Epual Emplovment Opportunitv
Antioch Ministries, Inc. 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.
U. Affirmative Action
Antioch Ministries, Inc. will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or familial status.
Antioch Ministries, Inc. will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without xegard to their
race, color, religion, sex, national origin, or Antioch Ministries, Inc. social status. Such
action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
Antioch Ministries, Inc. agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by Augusta setting forth the provisions
of this nondiscrimination clause.
V. Reli�ious Influence
Antioch Ministries, Inc. will not discriminate against any employee or applicant for
employment on the basis of religion and will not give preference of persons on the basis
of religion. Antioch Ministries, Inc. will not discriminate against any person applying for
shelter on the basis of religion. Antioch Ministries, Inc. will provide no religious
instruction or counseling, conduct no religious worship or services, engage in no religious
proselytizing and exert no religious influence in the provision of shelter and other eligible
activities funded by this grant.
Augusta Housing and Community Development Department Page 18
_ __ _ _
W. Indirect Costs
Indirect costs will only be paid if Antioch Ministries, Inc. has indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
X. Travel
If applicable, Antioch Ministries, Inc. shall obtain prior written approval from the
Grantee for any travel outside the State of Georgia with funds provided under this
contract. All Federal Travel Regulations are applicable (41 CFR Part 301).
Y. Construction Repuirements - SEE APPENDIX C
All housing units [rehabilitated, reconstructed or newly constructed] and assisted with
HOME Program funds must, before occupancy, meet the Property Standards specified at
25 CFR 92.251 [the HOME Program Regulations]. The Property Standards at 24 CFR
92.251 require that the homes receiving HOME Program funds must meet all local codes
for new construction. In the absence of local codes, properties must meet the HUD
Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement
is "new construction" by HOME Program definition and therefore must meet the local
building codes for new housing in Augusta-Richmond County, as applicable
Initial:
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event Antioch Ministries, Inc. materially fails to comply with any terms of this
agreement, including the timely completion of activities as described in the timetable
andJor contained in ARTICLE II.C, Augusta may withhold cash payments until AMI
cures any breach of the agreement. If AMI fails to cure the breach, Augusta may suspend
or terminate the current award of funds. AMI will not be eligible to receive any other
funding.
B. Notwithstanding the above, AMI 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
Augusta Housing and Community Development Department Page 19
remedies it may have at law or equity, Augusta may withhold any payments to AMI for
the purposes of offsetting the exact amount of damages once determined.
C. In the best interest of the project and to better serve the people in the target areas and
fulfill the purposes of the Holley Street Community project, 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 this Agreement, Augusta
shall pay AMI for documented committed eligible costs incurred prior to the date of
notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, AMI shall not be
relieved of any duties or obligations imposed on it under this Agreement with respect to
HOME Program funds previously disbursed or income derived therefrom.
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by certified United States mail, return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice shall remain such until it
shall have been changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
530 Greene Street, Suite 801
Augusta, GA 3 0911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2" Floor
Augusta, GA 3 0901
Augusta Housing and Community Development Department Page 20
Antioch Ministries will receive all notices at the address indicated below:
Antioch Ministries, Inc.
P.O. Box 1565
Augusta, GA 30913
ARTICLE XIL• INDEMNIFICATION
Antioch Ministries, Inc. will at all times hereafter indemnify and hold harmless Augusta, its
officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of
any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all
suits or damages of any kind resulting from injuries or damages sustained by any person or
persons, corporation or property, by virtue of the performance of this Agreement. By execution
of this agreement, AMI 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.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control the same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors and assigns, all jointly and severally under the terms of this Agreement.
Initial:
ARTICLE XIII. INSURANCE AND BONDING
AMI 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, AMI 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 AMI handling or charged with the responsibility for handling funds and property
pursuant to this contract. AMI shall procure and provide, for approval by Augusta,
comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the
Augusta Housing and Community Development Department Page 21
Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and
Augusta's officers, agents, members, employees, and successors.
Additiona.ily, AMI shall procure officers and directors liability insurance under policies to be
approved by 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 required to be
provided by AMI hereunder shall be cancelable without at least fifteen (15) days advance
written notice to the Grantee. All insurance policies required hereunder or copies thereof sha11 be
promptly submitted for approval by Augusta.
ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS
This Document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of
this agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. Augusta is not obligated to provide funding of any kind to Antioch
Ministries, Inc. beyond the term of this Agreement.
ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to
be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be
read and enforced as though it were included herein and if, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted, then upon application of either party
this Agreement shall forthwith be amended to make such insertion.
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ARTICLE XVII. 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)
SEAL
By: 1..�` ���x�r( --.�
��p� David S. openha�er
����0��
� " � ,a �������� Q���� As Its Mayor
�^�fln,9p � `d.h
�,' ��� � , � 6��,p�� %
C,�
c i1 �
�:-� e f :� ��� Y , b� .�' 3 ���,� �� .
iz.
Lena Bonne � �� � � ��� ° ;�
� <.: � ;, . ;s
Clerk of Co � s�ior� �.: . .�
��`� �,�;� � :�
�� m 'r` > (15�2� Frederick Russell
�� �����,a�>��= �
���� �`�������.°�" Admi ' trator
� .._
Chester A. Wheeler, III
Director, AHCDD
ATTEST: ��,,,,�,»s�,►�,.,,, ANTIOCH MINSTRIES, INC..
� t ,. � � � N t S T R � , � ° � �•,,, �
,�,� ;�.>.,� s � ,,., (Grantee)
. ey
� �:
SEAL = z c,�`aU�r� =�
d �'' �
's gEP�'
. B
.-
,. �
. ., ,,.
'.. ,�� Its: �..sr Dc'.�r�T/�E�
,�,,, �� „►,,,
(Plain witness)
Augusta Housing and Cornmunity Development Department Page 23
APPENDIX "A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Community Development Department agrees to
provide up to �291,553.00 in Fiscal Year 2010 HOME Program funds to Antioch
Ministries, Inc.. These funds will support new construction with the production of
approximately 2 affordable single-family residential units in connection with the Holley
Street East Proj ect.
2. AHCDD must review and approve all residential design plans, project specifications and
total development cost for each residential development project before work is
commenced and before funds can be released for payment reimbursement. Construction
payments will be released to AMI in accordance with the attached drawdown schedule
and budget. �
3. With AHCDD approval, AMI may use funds under this agreement far the following
purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion delays, remedies, and penalties.
a. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, AHCDD may:
i. Terminate the contractor in accordance with the "Provisions for Augusta
Housing and Community Development Department (AHCDD)" clause of
this contract.
ii. Assess liquidated damages of Two Hundred Dollars ($200) per working
day from the schedule of completion to the date of final acceptance of the
project. The total amount of liquidated damages will be deducted from the
tota.l contract price, plus any change order amounts.
b. The contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
i. To any acts of the Federal, State, or City/County Government; including
controls or restrictions upon or requisitioning of materials, equipment,
tools or labor by reason of war, National Defense, or any other National,
State, or City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
iii. To cause not reasonable foreseeable by the parties in this contract at the
time the execution of the contract which are beyond the control and
without the fault or negligence of the Contractor; including but not
restricted to acts of God; acts of the public enemy; acts of another
contractor in the performance of some other contract with the owner; fires;
floods; epidemics; quarantine restrictions; strikes; freight embargoes; and
Augusta Housing and Community Development Department Page 24
weather or unusual severity such as hurricanes, tornadoes, cyclones, and
other extreme weather conditions; and
5. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be indentified on a
project-by-project basis. In no case will this amount exceed the ma�imum per unit
amount defined at 24 CFR 92.250
b. AMI will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications
and the proj ect budget.
c. AMI must make sure contractors obtain and post all permits on job site. Prior to
releasing final payment on each house, Antioch Ministries must also secure a
Certificate of Occupancy from the contractor that has been issued by the
Department of Licenses and Inspections.
d. AMI must collect progress and final lien releases from the contractor,
subcontractors, and material suppliers prior to making a payment to a contractor.
e. AHCDD or its agent may continually inspect each house for contract compliance
and to determine the percent of completion prior to processing a draw request and
releasing payment. AHCDD may choose not to release payments if the wark
being performed is not of acceptable quality to AHCDD and if the house is not
being built or rehabilitated in accordance with plans and specifications, or if the
project is not on schedule.
6. 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 AHCDD, the sales
price of each house shall not exceed the appraised value of the house.
b. The purchasers of houses constructed must meet the City of Augusta program
requirements
c. Buyers will be required to borrow no less than 75% of the sale prices of the house
from a private lending institution unless otherwise agreed to by AHCDD.
Augusta Housing and Community Development Department Page 25
APPENDIX "B"
REPORTING REQUIRMENTS
Antioch Ministries, Inc. shall submit to the Grantee the following reports for the term of
this Agreement.
1. Monthly/Quarterly Progress & Financial Reports
a. Due the 15�' of the new quarter.
2. Annual Progress Report
a. Due 365 days from the effective date of this agreement
3. Audit/Financial Report
4. 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;
documPntation of inedical 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.
APPENDIX "C"
STATUTES (AVAILABLE ON REQUEST)
l. 24 CFR Part 92, HOME Investment Partnerships Program ("HOME")
2. OMB Circular A-110 — Uniform Administrative Requirements for Grants and
Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations.
3. OMB Circular A-122 — Cost Principals for Non-Profit Organizations
4. OMB Circular A-133 — Audits of Institutions of Higher Education & other Non-
Profit Institutions
5. 40 USL 276 Davis-Bacon Act
6. 40 USC 327 Contract Work Hours and Safety Standard Act
7. Uniform Relocation Assistance and Real Property Acquisition Policies Act
8. Lead Based Paint Poisoning Prevention Act
9. 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
10. Augusta-Richmond County Procurement Policy
11. Conflict of Interest Affidavit.
FORMS
1. Reimbursement Form
Augusta Housing and Community Development Department Page 26
EXHIBIT "A"
CONSTRCUTION REQUIREMENTS
All construction projects shall comply with Federal, State, and Local codes and ordinances,
including, but not limited to, the following:
•"Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
•"Standard Plumbing Code", latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
•"Standard Mechanical Code", latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
•"National Electric Code", latest edition, National Fire Protection Association, Quiney,
Massachusetts.
• Model Energy Code, 1997, Council of American Building Officials
•"ADA Accessibility Guidelines for Buildings and Facilities", Department of Justice,
American with Disabilities Act of 1990.
• Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
• 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).
• Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29,
Code of Feder�l Regulations (Federal Register, Volume 37, Number 243, December 16,
1972).
• Section 106 of the National Historic Preservation Act 916 U.S.C. 470�.
Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or
other means of outlining work on a particulax proj ect will be submitted in writing to AHCDD for
review and approval prior to bidding. AHCDD Construction and Rehabilitation Inspectors will
review these items for compliance with new construction and/or rehabilitation standards and
materials used
Rehabilitation Standards: All rehabilitation work will comply with the "Uniform Physical
Condition Standards far HUD Housing." Workmanship and material standards will comply with
the Augusta-Richmond County Housing & Community Development Department Contractors
Manual and Performance Standards. A copy of this manual is provided to every contractor when
included on the AHCDD Approved Contractors List.
Inspections: All projects will be inspected and approved by and AHCDD Construction and
Rehabilitation Inspector prior to release of the funds for that request.
Augusta Housing and Community Development Department Page 27
EXHIBIT "B"
PROJECT SCHEDULE OF COMPLETION
AMI must provide a completed schedule of completion as Exhibit "B" with appropriate
milestones within 10 to 15 days after the signing of this agreement. This schedule must be
provided in sufficient detail to permit AHCDD to monitor and assess progress in connection with
the performance of this agreement.
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