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HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA GA AND EAST AUGUSTA COMMUNITY DEVELOPMENT CORP $92,128.50 YR 2005 FUNDING FOR HOME INVESTMENT PROGRAM CONTRACT • between AUGUSTA, GEORGIA And EAST AUGUSTA COMMUNITY DEVELOPiVfENT CORPORATION in the amouni of � 92,128.50 Ninety-Two Thousand One Hundred Twenty-Eight Doilars and Fifty Cents for Fiscal Year 2005 Providing funding for FiOME INVESTMENT PARTNERSHIPS PROGRAM "The Marion Homes Revitatization Project, Phase 1— Acyaisition and Demolition" THIS AGREEMENT ("Cuntract"), is made ai�d entered into as of the � day of �+���- 2005, ("the effective date") by and between Augusta, Geargia, acting thraugh the Housing and Ecanomic Development Department (hereinafter referred to as "AHBD") - with. principal offices at 925 Laney Walker Blvd, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta", and East Augusta Community Development Corporation, a non-profit carporation, organized pursuant to the Laws of the S#ate of Georgia, hereinafter called "EACDC" as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Devetopment (hereinafter called HUI�) as a HOME Program Participating Jurisdiction, and has received .HOME Tnvestment Partnerships Act (hereinafter called HOME or the HOM� Prograrn) funds from HUD for the purpose of providing and retaining affordable hovsing for HOME Program eligible families; as defined by HUD; and WHEREAS, the grantee is a designated Community Hausing and Development Organizatinn (CHDO) and Comrnunity Based Development Organization (CBDO) — hereinafter referred to as EACDC - and will be involved in HOME eligible activities; and WHEREAS, Au�usta wishes to increase homeownership opportunities and preserve and increase the suppty of affordable housing for HOME Progratn eligible low and moderate income families through eligible uses of its HOME Program grant funds, as described in the Augusta-Richmond County Consolidated Plan 2005-20U9 and tl�e Year 20Q5 Annual Action Plan; and WH�ItEAS, Augusta must reserve not less than fifteen percent (15%) oF its allocated HOME entitlement funds for investment in affordable housing tn be developed, sponsored or owned by a designated Co►nmunity Housing Development Corporation (CHDO); and WHEREAS, Augus#a wishes to enter into a contractual agreement with EACDC the administration af T-�OME eligible affordable housing develapment activities; and 3 ,J� WHEREAS, this activity has been determined to be eligible HOME activity according to 24 CFR 925�4(c)(13), and will meet ane or more of the natianal objectives and criteria outlined in Title 24 Code of Pederal Regulations, Part 92 of the Honsing and Urban Development regutations. WHEREAS, EACDC agreed #p pravide services funded through this contract free from political activities, reIigious influences or requirements; and WHEREAS, EACDC requested and Augusta has approved a tatal of $92,128.50 in grant funds to perform HOME eligible activities as described in Article I, below: NiOW, THEREFO1tE, the partias of this agxeement for the consideration set forth beIow, do here and now agree to the following ter�ns and conditions; ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: EACDC agrees to utilize approved HOME funds to support project related costs associated with the Marion Homes Revitalization Project, Phase 1— Acquisition & Demofition Project. This project is a multi-phased affardabte hoasing effart which involves the devefoprrient and construction of new single-family, scattered site, in-fili affardable housing units thraughout the East Augusta Community. Under this agreement; � Perforrt� acquisition of seventeen (17} lots in the Marion Home Subdivision. � Perform demalition and clearing of seventeen lots. � Perform all required and requested tnarketing and advertising activities; in accordance with "HOME" program "Fair Housing" regulations � All projects are to posses the following required components: • Evidence of Sita Controi • Evidence of additional financing resources "Leveraging" • Ev'rdence that the programmatic "MATCH" requiremenC has been met + Evidence that a qualified hamebuyer has been identified, received and compteted a comprehensive home buying education course(s) and pre-purcltase housing, counseiing program; prior to the completion of the assigned home. B. Use of Funds: HOME funds shall be used by EACDC for the purposes and objectives stated in Articie I, Scope of Services, and Exhibit "A" of this Agreement. The use of HOME funds far any other purpose(s) is not permitted. The following summari2es the proposed uses of HOME Program funds ut�der tlus Agreement: I. Acquisition An amount not ta exceed $62,128.50.00 shall be expended by EACDC to support the acquisition. Sites are to be utilized to construct affordable single-family housing units to be made availabie for purchase or rental by HOME prograrn eligible ]ow and moderate-inco�ne hom.ebuyers. EACDC witi acquire the following properties; Address will Ue submitted prior to acquisition. 2 EACDC may request a change in acquisition address tkirough a written rec�uest. Upon . approval, EACDC may acquire praperty and be reimbursed, 2, Demolition and Ciearine An ainou�at not to exceed $30,OQ0.00 shall be expended by �ACDC to support the demolition and ciearing of sites to be used to construct affordable single-famiiy housing units to be made available for purchase or rental by HOME program eligible low and moderate-income homebuyers. The sites far demolition and clearing are located at: Address will be submitted prior ta acquisitipn. EACDC may request a change in address through a written request. Upon approva! from Augusta, EACDC rnay be reimbursed. C. Progr.am Location an. d Specific Goals to be Achieved EACDC shall conduct projec# development activities and related services, exclusive of administrative operations, in the areas fhroughout its'designated geographic baundaries. D, Proiect Eli i� bility Det�rmination It has been deiez�mined that the use of HOME funds by the EACDC will be in compliance with 24 CFR Part 92. Notwithstanding a�iy other provisions of this conhact, EACDCI shall provide activities and services as described in the descri.ption of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedute for completing the tasks for this project as provided in Bxhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYM�NT The EACDC wiIl be compensated in accordance with this Article II, Budget and Method of Payment, thac specifically identifies the use of HOME and otl�er project funding as represented in Article ZI. C.2 of this Agreemenf. EACDC, its directors, officers and staff will carry aut and oversee the impSementation of projects to he funded with HOME funds. �ACDC agrees to perform the required services under the generai coordinatinn of the Augusta Housin.g ar►d Ecoaomic Develapment Department. Tn addition and upon approval by Augvsta, EACDC may engage the services of outside professional services consultax�ts and contractors to help carry out the program and projects, A, Augusta shall designate and make HOMB Project funds available in the foilowing manner: 1, Augusta agrees to pay EACDC a maximum of $ 92,128.50 under this agreernent for prnject expenses incurred as outlined in ARTICLE I, Scope af Services, subject to EACDCs compliance with all terms and conditions of this agreetnent and the procedures for documenting expenses and activities as set forth in ARTICLE V. 2. The methad of payment shall be in accordance with Financia! Procedures as described in Article I or Exh.ibit A, attached hereto and made part thereof. 3. AHED will manitor the pro�ress of ttie project and EACDC's performat�ce on a monthly basis with regards to the production of housing units and �he overall effectiveness of project. 3 4. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shatl be due and payable on such date of the termination and sUall be paid no later than thirty (30) days thereafter. 5. Funds znay 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 DevelopmeF�t. , 7. This Agreement is based upon the availability of HOME Program Funds. 8. EACDC will make reasonable efforls to secure additional funding sources using the $ 92,128.50 in HC3ME funds awarded under this agreement as leverage to support the Marion Homes Revitatization Project, Phase i— Acquisation and Demolition. B. Timetable for Com�letion of Pro�eet Activities t. EACDC will provide a detailed outline of crit4cal project milestones and projected expenditures during the course of the development project. These documents will become an afficial part of the contractual agreement and prnvide the basis far overall project performance measurez�nents. Project must be completed within thirteen months from the signing of this agreement. C. 1?roject Budget: Limit�tions 1, EACDC shall be paid a total consideration of $ 92,I28.50 for full performance of the services specifred under this Agreement. Any cost above this amount shall be the soie responsibility of the EACDC is also understoad by both parCies to this contract that the funding provided under this contract fox this specific project shall be the only funds provided by Augusta — unless otherwise agreed to by Augusta and BACDC. D. Developer's Pee 1. EACDC collect an amount not to exceed fifteen percent (1S%) of the total expense of each home praduced. This amount will sezve as a"developer's fee" which acts as at� expense charged agaiiist each house produeed; and to be collected at the time of elosing. 2. The EACAC adhere to the following budget in ihe performance of this contract. A. Proiect AcHvitv Cast S 92,128.50 Acquisition 62,128.50 Clearing & Demolition 3fl,000,00 TOTAL HOME PROJECT COST: $ 92,12S.5U 4 ARTICL]E III - RESALE/RECAPTURE PROWISIONS [24 CFR 92.254(5}] l. T'he Resale/R.ecapture Provisions in this Article III shall ensure compliance with the HOME Program "Period of Affordability" require.ments pursuant ta 24 CFR 92.254(a)(4}, EACDC must assure that Resale/Recapture Provisions is inclucted in all sale contracts. A, Resale Provislons [24 CFR 92.254(51(i}� If the initial purchaser of the property sells the home during the 20-year loan period, EACDC has the "right of frst refusat" to repurchase the property for subsequent resale to other HOME Program-eligible purchasers. Tf EACDC exercises its right af first refusal and then s$lts the property to another HOME prpgram-eligible purchaser, the new purchaser must � agree to accspt the restrictions on tlie use of the praperiy required by the HOME Program through the execution of a new Promissary Note and a new Deed to Secure Debt. B, Recapture Provisions [24 CFR 92.254l5)(ii)1 If the etigible homebuyer (who received down payment assistaace [HOME Program] funds from Augusta) sells their p�•operty, then EACDC shatl recapture the HOMB funds and return the funds to Atigusta, which will ensure that the recaptured HOME Program fux�ds are reinvested in other affordable housing in Augusta for low and rnoderate-income persoias. Thzs shall be accomplished through deed restrictions, properiy liens, and contractual obIigations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this agreement sha(1 cammence on the date when this agreement is executed by Augusta and the EACDC (whichever date is iater) and shall end at the completion of all program aciivities, within the time specified in Article I.D, or in accordance with ARTICLE IX: Suspension and Termination. ARTICLE V. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advanee funding to EACDC or any subcontxactor hereunder. All payrnents to LACDC by Augusta will be made on a reimbursement basis. B. EACDC will be responsible for providing MATCH in an amount equal to no less than 12.5 percen� of the total HOME funds drawt� down far pi•oject cost upon the request for reimbursement. EACDC must suppiy to Augusta in writing how they will meet their MATCH requirement upon receipt of the executed agreement. C. EACDC shall maintain a separate account and accounting process for HOME funding sources. D. EACDC shall nat use these funds far any purpose other than the purpose set forth in this Agreement. E. Subject to EACDC's compliance with the provisions af this Agreement, Augusta agrees to reimburse aIl budgeted costs aliowable under federal, state, and local guidelines. F. A11 purchases af capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 °Uniform Administrative Requirements for Grant S Agreements with Tnstitutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. G, Requests by the eacdc for payment shall be accompanied by proper documentation and shall be subanitted to AHED, txansmitted by a cover memo, for approval no later than thirty (3Q) calendar days after the tast date covered by the request. For purposes of tkus section, proper documentation includes: "Reimbursement Request" form supplied by AHED, copies of invoices, receipts, other evidence of indebtedness, vudget itemization and description of specific activities undertaken. Where HOME funds are to be used to reimburse salary ex�enditures, proper documentatiort to include: "Time Sheet" forms supplied by Augusta, photocopies of paychecks, paycheck stubs and/or payroll documentation. Invoices shalI not be honored if received by Augusta later than s'►xty (60) caiendar days af�er expiratiozt date of this Agreement. H. AHED shaEl maintain an adequate ftnancial system and in.ternal fiscal controts. I. Unexpended Fund,�: Unexpended funds shall be recaptured by Augusta. AHED has thirteen moi�ths fi�om the date of this contract to expend funds. Upon wxitten request, Augusta will notify AHED of the recapture of any unexpended funds whzch will be used for other eligibte projects proposed by Augusta, ARTICLE VI. PROJECT PROCEEDS A. The HOME Fina3 Rule at 24 CFR 92.300(a){2) gives participating jurisdictions the option of permitting CHDOs to retain any proceeds resulting fortn the CHDOs investment of its CHDO set aside funds or requiring the CHDO to return these proceeds to the participating jurisdiction. A wr•itten agreement wi:tl be made with BACDC in regards to the CHDO Proceeds. 1. Proceeds must be used for HOME-e[igible or other housing activities to benefiti low- income families, as required by 24 CFR 923fl0(a){2); 2. Proceeds retained by EACDC are not sub}ect 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 EACDC specifying the usage and requirements of proceeds. B. AI1 funds retained by EACDC must be used for HOME-eligibte activities or other honsing activities that bene�t low-income families as required by 24 CFR 92.300(a)(2). ARTICI.E VII. RECORD KEEPING, REPORTTNG AND MONITORING REQUIREM�NTS A. EAGDC shall carry out its HOMB assisted activities in compliance with all HOME Progrann laws and regulations desceibed in 24 CFR Part 92 Subpart E(F'rogram Requirements), Subpart F(Project Requirements), and Subpart H(Other Federal Requirements). These campliance activities include, but are not limited to: 1. Maximam acquisition prices [24 CFR 92.205A.2] 2. Maximum per uszit HOME Program subsidy amount [Seotion 221(d)(3)j 3. Combined affordability of assisted units 4. Income eligibility of liornebuyers 5. Inspection of the homebuyer units to comply with HUD required Properiy Standards 6 6. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] 7. Environmental Review 8. 203 B Program 9. Lead-hased Paint Abatement B. To document low and moderate-income bene�ts required in 24 CPR 570.2Q0(a) (2). EACDC shall maintain records that document alI clients served with HOME funds. In addition, EACDC shall dacument each client's race, family size, annual household incame, and whether or not the family is female-headed. Augusta shall supply "Income Verification" forms which, when compieted by those clients served by EACDC, shall provide the information and veri�cation described above. C. EACDC shall prepare and submit reports relative to this project to Augusta at Augusta's request. Augusta shall supply EACDC with the following report forms and require the same to be completed as requested by Augasta: "Monthly Services", "Quarteriy Progress", "Quarterly Financial" and "Annual Report". Further explanation and report due dates are found in APPENDIX B below. D. EACDC shaIl maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accardance with practices that sufficiently a�ad properly reflect ali expenditure of funds provided by Augusta under this Agreement. E. EACDC shall ma[ce all records for this project available to Augusta, the U.S. Department of Housing and Urban Deveiopment, the Comptroller Generat of the United States, or any af their duiy authorized representatives for the purpase of making audits, examinations, excerpts azzd transcriptions. F. In complianee with OMB Circulaz A-I10 regarding reteantion and custodial requirements for records, EACDC shatl maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreeznent for a pexiod of three years, with the foilowing qualifications: 1. If any litigation, ciaim or audit is started before the expiration of the 3-year period, the records shall be retained until all Iitigation, claims, or audit findings involving the records have been resolved. 2. Records for non-expendable personal properiy acquired with HOME grant funds shail be retained for tl�ree years after its finaI disposition. Non-expendable personal properry means tangibte personal property having a useful life of more than one year and an aequisition cost of $300 or more per unit. G. In connection with the expenditure of federal funds, EACDC shall provide to Augusta an organization -wide audited �nancial statement con�isting of a balance sheet, income statement and a statement of changes in its �nancial position. All documents shall be prepared by a certified public accountant. Such financial disclasure information shall be filed with Augusta within one hundred eigh#y (180) calendar days after the clase of the EACDC's fiscal year. EACDC is responsible for any cost associated with the audit. Failure to coznply may result in the reallacation of funding and termination of the contract. EACDC shatl suppty, upon request, documentation maintained in accordance with practices which sufficiently and properly reflect all axpenditures of funds provided by Augusta under this Agreement. H. O�en Records Disclosure: EACDC's records related to this Agreement and the services to be provided under the grant may be a public record subject to Georgia's Open Records Act 7 (O.C.G.A. § 50-18-70). EACDC agrees to cornply with the Open Records Act should a request be submitted to it. Further, EACDC agrees to comply witii the provisions of the ppen Meetings Law and the following compliance measures will be taken: EACDC wilI provide notice to the media of its regular board meeting schedule and of any special calied meetings except emcrgency meetings; it will post notices af its meetings .in a pubtic pIace at the meeting sites and it will keep a written agenda, minutes, attendance, and votin� record for each meeting and make ihe same available for inspactions by the press, the public and the Grantee, subject to the provisions of the Open Meetings Law. The media, publio and th$ Grantee shall not be denied admittance to EACDC's board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. EACDC shall provide tp the Grantee a tentative ai�nual schedule of the Board of Directors' meetings. Publicatians and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII ADMINISTRATNE REQUIltEMENTS A. Conflict of Interest EAGDC agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-11Q and OMB Circutar A-102 as appropriate. This conflict of interest provision appties to any person who is an employee, agent, consultant, offioer, or elected off'icial or appointed official of EACDC. No person described above who exercises, may exercise or has exercised any functions or responsibilifies with respect to the HOME activities supported under this contract; or who are in a position to participate in a decision-malcing process or gain inside informatio� 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 coniract activities, eitlaer 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-faw, Step-parent, Children, Step-children, Bxother, Sister, Brother-in-Eaw, Sister-in-law, Grandparent, Grandchildren of the individual holding any in#erest in the subject matter of this Agreement. EACDC zn the persons of Directors, Officers, EmpIoyees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shatl sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement} B. EACDC shall comply with t(ie requirements and standards of OMB Circufar A-122 "Cost Principles for Non-Profit Organizatioais" and 24 CFR part 570.502(b), "Appticability of Uniform Administrative Requirements." C. Augusta may, from time to time, request chan�es to the scape of this agreement and obligations to be performed hereUnder by the BACDC. Tn such instances, EACDC shall consult with AHED/Augusta on any changes that will result in substantive changes to this Agreement. All snch changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and EACDC. D. Statutes, regulations, guidelines and forms referenced throughout this Agreement are tisted in Appendix A and are attached and included as part in parcel to this Agreement. 8 ; ARTICLE IX: UTHER REQUIREMENTS A. Fair Housin� BACDC agrees that it will conduct and administer HOME activities in conformity witlt Pub. L. 88-352, "Titie VI of the Cival Rights Act of 1964", and witla Pub. L. 9q-284 "Fair Housing Act", and that it wilf af�rmaTively further fair hoasing. One suggested activity is to use the fair housing symbol and Iangnage in AMI publicalions and/or advertisements, (24 CF'R 570.601). B. Nt�n-Discrimination �ACDC agrees to comply with 24 CFR Part I, which provides that no person shali be excluded it•om 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 whote or in part w.ith federal funds made available pursuant ta the Act. C. Nan-Di.scram.ination and Residentiat Propertv EACDC agrees, in accordance with Bxecutive Order 11063 and 12259 that it wiil not discriminate because of race, color, religion, sex, or national origin in the sale, leasing, rental or other disppsition of residential property and related facilities, or in the use of occupancy thereof, if such property and telated facilities a�•e, among other thin�s, 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 l. General: EACDC 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, EACDC will adhere to the Davis-Bacon Act (40 USC 276), as az�ended, which requires all laborers and mechanics working on the project to be paid not Iess 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 reauirements appiy ta the rehabilitation of residential property only if such property contains eight or n�ore units. (24 CFR 570.603} 2. Labor Matters: No persnn employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any comptaini 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 CFIt 570.603) E. Environmental Standards EACDC agrees tl�at in accordance with the Natianal Envirananental Policy Act of 1969 and 24 CFR part 58, it wiil cooperate with Augusta/AHED in caztiplying with the Act and regulations, and that no activiYies will be undertaken until notified�by Augusta/AHBD that the activity is in compliance with the Act and regulations. Prior to t�eginning any project � deveIopment activity, an envirocunenta) review must be conducted by the Augusta-Richmond County Planning Department pursuant to (24 CFR 570.604). 9 F. Fload Insurance Consistent with .the Flood Disaster Protection Act of 1973 (a2 USC 4001-412A), EACDC agreas that H�ME funds shall not be expended for acquisition ar construction in an area identified by the Federal Emergency Management Agency (FEMA) as ha�ing special flood hazards (representing the 100-year floodptain). Exceptlons wi11 be made if the community is participating in the National Flood Insurance Program or less than a year has passed since ' FBMA notificatiocx and flaod insarance has been ohtained in accordance with section 102(a) of the .�'laod Disaster Protectivn Act of 1973. G, Displacement and Reiocation EACDC agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities assisted with HOME fiinds will be condacted in accordance with the Unifarm Relocation Assistance and Real Property Acquisitian Policies. Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606}. H. Non-Discrim��ation in Emplo ent EACDC agrees to comply with Bxecutive Order 11246 and 12086 and the regulations issued pursuant fhereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. The EACDC will in all solicitations or advertisements for employees placed by or on behalf of the EACDC, state that all qualified applicants will receive cansideration for employment w3thout regard to race, calor; religion, sex, natianal origin or familial status. I. Employment and Busi��ess On�ortunities EACDC 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 persans residing in Augusta-Richmond Couniy - (24.CFR 570.b97). J. Lead-Based Paint In accordance with Section 92.355 of the HOMfi Regulations and Section 570.608 of the CDBG Regulations, EACDC 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 compiy with 24 CPR 570.60$ and 24 CPR 35 with regard to notifcat'ron of the hazards of (ead-based paint poisoning and the eiimination of lead-based paint hazards. K. Debarred Suspended or Ineiigible Contractor EACDC agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractar during any period of debarment, suspension or placement in ineiigibility status, No contract wiil be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHED. 10 L. Drug �'ree Workglace In accordance with 24 CFR part 24, subpart F, EACDC agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohot by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Publici � � � Any publicity generated by the EACDC for the project funded pursuant fo this Agreement, during the term of this Agreement or for one year thereafter, wi11 make refereiyce to the contribution of Augusta-Richmond Caunty in mak'tng the projec# possihle. The words "Augusta-Riclunond County Department of Honsing and Economic Development" wiil be explicitly stated in any and all pieces of publicity; including but nat limited to flyers, press reteases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timefy, Expenditure Qf Funds In accordance with 24 CFR 85.43, if the EACDC fails to expend its grant fands in a timely manner, such failure shall constitute a material fa.ilure to comply with this Agreement and invoke the suspension and termii�ation provisions of ARTICLE IX. . For purposes of this Agreement, timely expenditure of funds rneans the EACDC shall obligate and expend its funds as designatad under ARTICLE I. (C), (D} and (E). O. Compliance with Laws and Permits The EACDC sEiall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no frespass on any pubiic or private praperty in performing any of the work embraced by this contract. EACDC agrees to obtain all aecessary permits for intended improvements or activities. P. Assi�nmenfi of Contract EACDC shall not assign any interest in this contract or transfer any interest in tlae same without the priox written approval of Augusta. Q. E�,ua! ��play,ment Opportur�ity EACDC agrees to cornply with the proh:ibitions against discrim3nation on the basis of age � under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07} and implementing regutatioi�s at 24 CFR part 146 and the prahibitions against other.wise qualified individuals with handicaps under section 504 of tYte Rehabilitation Act af 1973 (29 U.S.C; 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants pragratn, the term dwelling anits in 24 CFR part 8 sha13 include sleeping accommodations. R. Affirmative Action EACDC will not discriminate against any employee or applicant for employment because of race, cofor, religion, sex, nat.ional origin, ar familial status. BACDC wi11 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 EACDC 11 socia! status. Such action shall include, but not Ue limited to the following: employment, u�grading, denintion ar transfer; recruihnent or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. EACDC agrees to post ia conspicuous places, avaitahle to employees and applicants for employme�rt, notices to be provided by Augusta setting forth the provisians of tlus nondiscrimination clause. The EACDC agrees to make efforts to encourage ' the use of minority and wamen-owned business enterprises in connection with HOME supported activities. S. Reli�ious Influence The EACDC will not discriminate against any employee or applicant for emplaytnent on the basis of religion and witl not give preference of persons on the basis of religion. EACDC will not discrinlinate against any person applying for shelter on the basis of religion. EACDC will provide no religious instruction or counseling, conduct no religious worship or services, engage in no retigious 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 EACDC has a indirect cost altocation ptan approved by the Department of Housing and Urban Development prior to the execution of this Coatract. U. r e If applicable, BACDC 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 Regulafions are applicable (4I CFR Part 30 t). V. Construction Requirements - SBE APPENDiX C All housing units [rehabilitated, reconstructed or newly constructed] and assisCed with H(�ME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.251 [the HOME Program Regulations]. The Property Standards at 24 CPR 92.251 require that the homes receiving HOME Program funds must meet all local codes for aew construetion. In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. Atl housing assisted under this Agreement is "new construction" by HOME Program definition and therefore must meet the local buitding codes for c�ew housing in Augusta-Richmond County, as applicable. ARTICLE X. SUSPENSION AND TERMINATION A. In the event EACDC materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable andlor contained in ARTICLE I, Scope of Services, or the provisions of ARTICLE VIII(1�, Augusta may withhold cash paynnents until EACDC cures any breach of the agreement. If EACDC fails to cure the breach, Augusta may suspend or terminate the current award of HOMB funds for the EACDC's program. 12 . B,. Notwitlistanding the above, the BACDC shall not be reiieved of its liability to Augusta for damages susfained as a result of any breach of this agreement. Tn addition, to any ofher remedies it may have at law or equity, Aagusta may withhold any payments to the EACDC for the purposes of set off until such time as the exact amount of damages is determined. C. Tn the best interest of the program and to bet#er serve the paopie in the target areas and fulfill the purpases of the Act, eitl�er pariy may terminate this Agreement upon giving thirty (30) days notice in wciting of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates the Agreement, Augusta shall pay EACDC for documented committed eligible costs incurred prior to the date of notice af termination. D. Notwithstanding any termination or suspension of this Agreement AMI shall not be relieved of any duties or obligati�ns imposed on it under ARTiCLBS V, VI; VII, VIII, IX, XI, and XII of this agreement with respect to HOME funds previously disbursed or income derived therefi•om. 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 Iast speci.fied, 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 Administratar Municipal Buitding 530 Green Street, Suite 801 Augasta, Georgia 30911 With copies to: Augusta Housing and Economic Department 92S Laney Walker BEvd., 2° Floor Augusta, Georgia 3090 t EACDC will receive alf notices at the address indicated below: Bast Augusta Community Development Corporation 1.011 12` Street Augusta, Georgia 30901 ART'iCLE XII. INDEMNIFICATION BACDC will at all times hereafter indemnify and hold harmless Augusta, its officers, agenks and employees, against any and all clainis, Iosses, liabiiiYies, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits nr damages of any kind resulting fram injuries or damages sustained by any persan or persons, corporation or praperty, by virtue of the performance of this Agreement. By execufion of this Agreement, EACDC specificaily consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives ar►y right to contest jurisdiction or venue in said Court. 13 , ARTICLE XIII. INSURANCE AND BONDING EACDC sha11 acquire adequate insurance coverage to protect atl contract assets from loss or damage resultin� from theft, fraud or physica3 damage. All policies and amounts of coverage shail be subject to approval by Augusta. Additionally, EACDC shall procure and provide far approval by Augusta a blanket fidelity bond in the amaunt of at ieast $100,000.flQ cavering all personnel of the BACDC handling or charged with the responsibitity for handling funds and praperty pursuant to this contract. AMI shali procure and provide, for approval by the Augusta, comprehensive general liabil.ity insurance in the amount of at least $1,OOQ,000.00 insuring the Grantee and adding as named insured the Augusta, the Mayor, Commissioners, and Augusta`s officers, agents, metnb�rs, employees, and successors, Additionally, EACDG shall procure officers and directors liability insurance under policies to be approved by the Augusta. Ali 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 po�icy providing insurance coverage required to be provided by EACDC hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All insurance policies z•equired hereunder or copies thereof shall be promptly submitted for approval by the Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This document incorporates and i.ncludes all prior negotiations, correspondence, conversations, agreements or understandings appliaable to the matters contained herein and the parties agree tliat there are no commitments, agreements, or understandings concerning the subject matter of this agreement tl�at are not eontained in this document. Accordingly, if 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 ta provide funding of any kind to EACUC 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 regufation to be inserted in this Agreement shali be deemed to he inserted herein and this Agreement shall be read and enforced as thouglz it were included herein and if, through mistake or otherwise, any such provision is not inserted or is nat correctly inserted, then upon application of either party this Agreement shall forthwith be am.ended to make such insertion. �4 ARTICLE XVI. COUNTERPARTS This agreement is executed in two (2} counterparfs — each of which shall be deemed an original and together shait constitute one and the same Agreement with one cnunterpart being deliVered to each . party hereto. IN WITNESS WHEREOF, the parties have sat their hands and seals as of the date first written above: ATTEST: AUGUS�'A, GEORGTA (Aug sta) SEAL Wiilie Mays � As lts Interim ayor � � Len ' er Cier of Commission ATTEST; EAST AUGUSTA COMMUNITY,DEVELOPMENT CORPORATION (Gra ) ,. �``--�------ , -.--_ _...... . _ ... . SEAL By: � As �ts.�r s dent � As Its Corporat ecretary � � � {Fiain Witness) 15 APPENDIX A � Statutes: 24 CFR Part 92, HOME Investment Parinerships Program ("HOME") OMB Circular A-110 - Unifozm Admin.istrative Requirements for Grants and Agreement with Institutions af Higher Education, Hospitals, and Other Non-Prafit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organixations 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 Re[ocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 — HUD Requirements for Natification, Evaluatian and Reduction of Lead-Based Pa'tnt Hazards in Housing Receiving Federal Assistance and Faderaily-Owned Residential Property being sold, Final Rule � Augusta-Richmond County Procurement Policy Farms: Income Verificatian and Incozne Limits Table lnventory Time Sheet Reimbursement Request Monthly Statistical Reports Qaarterly Program Progresa Quarterly Financial Report Annua! Program Report Travel Log Conflict of Interest Affidavit 16 APPENDIX B REPORTING REQUIREMENTS 'I'he EACDC shall submit to the Grantee the foilowing reports for the term of this agreement. I. Monthly Statistical Reports Due each month by the l Oth for the previous month. 2. Quarterly Progress & Pinancial Reports 3. Annual Progress Report 4. AuditlFinancial Report (No iater than April 15, 2006) 5. Grantee shall maintai�a files on each person assisted. Each fle shall contain, but is not restricted ta, income data and verif.tcation for each person assisted; application far services; record af services provided; amount of services provided; documentation of costs far which assistance is provided; transportation. log; documentation of inedical need regarding prescriptions; anc! any other document that will provide proof of needed service(s) and sabsequent provision of such service(s) as allowed under this contract. 17 APPENDIX C CONSTRUCTION REQUIRElO�IENTS l. All constructiou projects shall compty with Federal, Stafie, and locai codes and ordinances, including, bvt not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, Internatianal, Inc,, Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, Internatianal, Inc., Birmingham, AlaUama. C. Standard Mechanical Code, latest edition, Southern 13uitding Congress, Tnternational, inc,, Birmingham, Alabama. D. "National Electric Code", latest edition, National Fire Protection Associatian, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. "ADA Accessibility Guidelines for Buildings anc! Facilities", Depar�ment of Justice, American w4th Disabilities Act of 1990". G. Witliams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 — Occupatianal Safety and Health Standards, Chapler XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). 1. Part 1926 - Safety and Health ReguIations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December �6, 1972. ]. Section l06 of the National Historic Preservation Act (16 U.S.C. 470f). 2. Bidding; A. Onty contractors included on the Augusta-Richmond County Housing & Economic Development Department Approved Contractor List tnay bid on construetion prajects • funded with CDBG funds B. All l�ids will be awarded to the lowest bidder submitting an accurate and qua(ified bid, C. Al( bidding documents and procedures will be made availabl.� for AHED review upon request 3. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG p%jects may apply for inclusion on the AHED Appz•oved Contractor List. Applications will be processed and either approved or disapproved within 10 working days. Under no circumstances will barced, disapproved, or otherwise ineligibfe conYractors be allowed to bid on CDBG funded projects. S8 ' 4. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of autlining work on a particulac project will be submitted in writing to AHED for review and approva! prior to bidding. AHED Construction and Rehabilitation Inspectors wiil review these items for aompliance with new construction and/or rehabiiitation standards and materials use, 5. Rehabilitation Standards. All rehabiiitation wark will comply with the "Unifarm Physical Condition Standards for HUD Housing." Workmanship anci material standards will con�ply with the Augusta-Richmond County Hausing & Economic Development IDepartment Contractors Manual and Performance Standards. A copy of this manual is provided ta every contractor when included on the AHED Approved Contractors List. A copy is enclosed far inclusian. b. Inspections. All projects will Ue inspacted and approved by an AHED Construction and Rehabilitation Tnspector prior to relsase of the funds for that projact. 19 EXHIBIT "A" PROdECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta t(u�ough the Housing and Economic Development Department agrees to provide up to $92,128.50 in Year 2605 HOME Investment Partnerships Funds to East Augusta Corrimunity Development Corporation. These funds will support demoli#ion & clearing, construction and other cosfs associated with the production of approximately 6 affordable singlc famify zesidential unzts in connection with the continuation of the East Aug�sta Community Development. 2. In connection with the acquisition of HOME funded development sites, the EACDC shall submit to AHED an overall land development plan. This plar� should identify the propased properties to be acquired in connection with the phased implementation of the Bast Augusta Community Revitalization Project. Prior to the purchase af any HOME funded development sites, EACDC shall notify AHED of the proposed location and estimated acquisition prices. This information shall be supparted with a vati.d appraisal or reasonable basis for establishing the purchase p�•ice for the property. The acquisition of HOME development sites, the pro�osed houses, construction timetable, sales amaunt and otl�er project development infarmation will be specified in EXHIBIT B. Each new project added under EXHIBIT B must be submitted to AHED for review and approval by the Executive Director �f 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 deve[opment 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 EACDC in accordance with a payment schednle outlined in the construction contract between BACDC and the Contractor. 4. EACDC witl provide the lots on which al( new affordable homes are to be built under this agreement and 9n connection witl� the East Augusta Community RevitaGzation Project.. 5. With AHED approval, EACDC may use HOME funds w�der tl�is agreemenC for the following purposes: a. To support development costs as outlined in Ttem 6 below, b. As the source of funds from which a project developer fee will be paid as outtined in Item 7 beiow. 6. Coi�struction osts and �Zequirements a. The amount that can be used to pay for development costs wilt be identi�ed oi� a project- by-project basis in EXHIBIT B. In no case wili. this amount exceed the maximum per unit amount as defined at 24 CFR 92.250. b. EACDC will provide constructian management for the project to ensure that construction work is being aarried out in accordance with plans, specifications and the project budget. c. EACDC must make sure contractor obtains and posYs all perznits on job site. Prior to releasing final payment on each house, BACDC must also secure a Certificate of Occupancy from the contractor th.at has been issued by the Deparfn�en� af Licenses and Inspection. 20 d. EACDC must collect progress and final lien releases from. the contractor, subcontractors and material suppliers prior to making a payment to a contractor, e: AHEA may contit�uaily inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and relaasing payment. AHED may elect to make up to five (5) payments per house, AHED may choose not ta release payments if the work being performed is not of acceptable quaiity to AHED and if the house is not being built or rehabititated in accordance with plans and specifications, or if project is r�ot on schedule. 7. Permanent Financing and Sa3es Prices a. The sates price of each home sotd 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 zxaust meet HOME and City of Augusta program requirements. c. Buyers will be requzred to borrow no less than 60% of the sale price of the house from a private lei�ding institution unEess otherwise agreed to by AHED. d. When necessary, EACDC znay leave HOME development funds in a house as a second mortgage permanent loan to the purchaser. EACDC wiIl, however, be required to assign these loans to AI I�D once they have been executed. Project Devefoper Fees a. AHED can draw down up to 15 % of development cost and fees of the H.OME funds awarded nnder this agreement to pay itself a project developer fee. Draw downs are to be requested at the rnilestones Jisted belqw: b. The total development cost znust be met if there is to be a reduction in sell price of the home, developer understand the reduction originates from deveiopers fee. The developer wiIl not receive agreed development percentage. Note: The above developer fee structure relates only to single family affordable housing developmsnt prajects. Any other develapmet�t fee siech as that for a n:ulti fan:idy rental project (or other commercia! development) must be negotiated separately and approved by !he F�ecutine Director of HND or his/her designated representative prior to payme�Tt to �rantee. 21