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Home My WebLink About2019-07-17 Meeting MinutesCommission Meeting Agenda Commission Chamber - 7/17/2019 ATTENDANCE: Present: Hons. Frantom, Mayor Pro Tem; B. Williams, Sias, Fennoy, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hons. Hardie Davis, Jr., Mayor; Garrett (participates in voting by telephone on Item 29), member of Augusta Richmond County Commission. INVOCATION: Reverend Anthony Booker, First New Hope Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Augusta Summer Interns A. Presentation of City of Augusta Summer Interns.Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Recognition of the Augusta Summer Interns. Five (5) minute time limit per delegation DELEGATIONS B. Mr. Moses Todd regarding Augusta Recreation and worker safety Augusta- Richmond County. Item Action: None ItemApprovalSheet.html Motions Motion Text Motion Type Made By Seconded By Motion Result Presentation is made by Mr. Moses Todd. C. Mr. Brad Owens regarding Augusta Filming. (Requested by Mayor Hardie Davis, Jr.) Item Action: Approved Comm._agenda_Item_Mayor_Davis_Brad_Owens_7.17.19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Ben Hasan Passes D. Ms. Geri Sams regarding the Georgia Cancer Center (Augusta University) 2nd Annual United in the Fight Against Cancer. Item Action: None Geri_Sams.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Sams. E. Introduction of the President of the Augusta NAACP and its vision and mission. Item Action: None SKM_C65819071210340.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Melvin Ivey, President of the Augusta NAACP. CONSENT AGENDA (Items 1-23) PLANNING 1. Z-19-27 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by Linda M. Pearson requesting a change of zoning from Zone R-1C (One-family Residential) to Zone A (Agriculture) affecting property containing 0.13 acres and known as 1775 Nixon Road. Tax Map 099-1-025-00-0 DISTRICT 2 1. A manufactured home placed on the property must be 10 years old or newer from date of rezoning approval. 2. The site must conform to 27-7 of the Comprehensive Zoning Ordinance or all necessary Board of Zoning Appeals variances must be obtained before a manufactured home will be permitted on the property. Item Action: Approved z-19-27.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes 2. Z-19-29 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by Annie Ellison, on behalf of Ellen Taylor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 2342 Dorn Road. Tax Map 070-3-035-01-0 DISTRICT 5 1. A staff member must live in the home or the home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 6 residents total. Either 5 clients and 1 live-in staff or 6 clients with staff coming in shifts. 3. Any changes in the definition of the use, nature of the clientele or increase in Item Action: Approved numbers of occupants shall require another Special Exception. 4. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 5. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. z-19-29.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with a condition added that there is to be no signage. Motion Passes 9-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 3. Z-19-30 – A request for concurrence with the Augusta Planning Commission to deny a petition by Malisa Wanjala, on behalf of Kimberly Godbee, requesting a Special Exception to establish a Family Day Care Home per Section 26-1(F) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 4004 Madison Lane. Tax Map 053-4-012-00-0 DISTRICT 3 Item Action: Rescheduled z-19-30.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next Commissioner Ben Hasan Commissioner Mary Davis Passes Commission meeting. Motion Passes 9-0. 4. Z-19-31 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by Russell Kirkland requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-2 (General Business) to establish road access to 247 Camilla Avenue affecting property containing 0.46 acres and known as 243 Camilla Avenue. Tax Map 016-0-006-00-0 DISTRICT 7 1. The applicant must submit an engineered plan for site plan review complying with all development documents. 2. If the lot is to be used for additional parking, storage or any use other than alternative access, a new development plan must be submitted for site plan review and comply with all requirements of the zoning ordinance and associated development documents. Item Action: Approved z-19-31.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes PUBLIC SERVICES 5. Motion to amend Augusta, Georgia Code Section 3-5-86 (i) so as to specify additional safety equipment to be included on Personal Transportation Vehicles (PTVs) that operate on Augusta streets, and to waive the second reading. (Approved by Public Services Committee July 9, 2019) Item Action: Rescheduled PTV_ORDINANCE_AMENDMENT___20190618.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Passes Motion to refer this item to the next Commission meeting. Motion Passes 9-0. Commissioner Mary Davis Commissioner Marion Williams 6. Motion to approve awarding Poolside Inc. Bid #19-233 for Re-plastering Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool. (Approved by Public Services Committee July 9, 2019) Item Action: Approved 19-233_Newpaper_Advertisement.docx 19-233_TAB.xls 19-233_Department_Recommendation_of_Award.pdf 19-233_Planholders_-_Demandstar_GA_Procurement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 7. Motion to approve of the Daniel Field Airport DBE (Disadvantaged Business Enterprise) Program to include Mayor Davis signing the Policy Statement. (Approved by Public Services Committee July 9, 2019) Item Action: Approved DBE_Policy_Page_for_Signature.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes ADMINISTRATIVE SERVICES 8. Motion to approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00. The Augusta Aviation Commission approved this request on May 2, 2019. (Approved by Administrative Services Committee July 9, 2019) Item Action: Approved Airport_Memo.pdf 19-171_-Airport_Marshal_Tab_Sheet.xlsx 19-170_-_71_Advertisement_to_Paper.pdf 19-171_OFFICIAL_TAB_SHEET.pdf 19-171_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Clarke out. Motion Passes 8-0. Commissioner Sammie Sias Commissioner Bobby Williams Passes 9. Motion to approve request for replacement of one Ford F250 Utility Body truck for Recreation Trees and Landscape Division for $34,400 using capital outlay.(Approved by Administrative Services Committee July 9, 2019) Item Action: Approved Eval_-_994475_-_Rec-TL.pdf Tab_Sheet_-19-203_Rec-T_L_Tab_Sheet.xlsx 19-203_Advertisement_to_Paper.docx 19-203_TAB.pdf 19-203_Recommendatio_of_Award.pdf 19-262_Planholders_-_Demanstaar_-_GA_Procurment_Registry.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commissioner Bobby Williams Commissioner Dennis Williams Passes Motion to approve. Motion Passes 9-0. 10. Motion to approve Tax Commissioner’s Office requests to purchase of one silver XLT 4WD Ford Explorer via bid #19-215 in the amount of $34,712.00 - Allan Vigil Ford. (Approved by Administrative Services Committee July 9, 2019) Item Action: Approved 19-215_-_TC_Tab_Sheet.pdf 19-215_Advertisement_to_Paper.pdf 19-215_TAB.pdf Recommendation_Letter_from_Department.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. D. Williams out. Motion Passes 8-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 11. Motion to approve request to replace one Ford F250 Utility Body truck for Utilities Facilities Maintenance Division at a cost of $38,760 using the GMA lease program. (Approved by Administrative Services Committee July 9, 2019) Item Action: Approved Eval_-_203185_-_Util-FM.pdf 19-203-_Util-FM_Tab_Sheet.xlsx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 12. Motion to approve the award of contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. Bid Item 19-181. (Approved by Administrative Services Committee July 9, 2019) Item Action: Approved 19-181_ITB_to_Paper.pdf 19-181_TAB.pdf 19-181_MPB.pdf 19-181_Dept_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf Compliance_Information.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Clarke votes No. Mr. Sias out. Voting No: Commissioner John Clarke. Motion Passes 7-1. Commissioner Bobby Williams Commissioner Mary Davis Passes 13. Motion to approve Housing and Community Development Department’s (HCD’s) request to provide funding to Sand Hills Urban Development for the development of three (3) single family affordable housing units for low to moderate income families. (Approved by Administrative Services Committee July 9, 2019) Item Action: Approved SHUD-4321_Creekview_Drive.pdf SHUD-2565_Dover_Street.pdf SHUD-2525_Dover_Street.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes PUBLIC SAFETY 14. Motion to approve the Augusta Fire Department’s fund balance as the funding source of fire suppression holiday compensation for the July 4, 2019 holiday extension through July 5, 2019 for all employees that was approved by Commission at the June 27, 2019 Commission Meeting.(Approved by Public Safety Committee July 9, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes 15. Motion to approve and award the Inmate Food Services for the Richmond County Sheriff's Office to Aramark Correctional Servicesfor the effective date of August 1, 2019. RFP 19-199 (Approved by Administrative Services Committee July 9, 2019) Item Action: Approved Augusta_County-GA-ACS-Food-2019.pdf 19-199_Advertisement_to_Paper_REVISED.pdf 19-199_OFFICIAL_TAB.pdf 19-199_Cumulative.pdf Recommendation_Letter_from_Department.pdf Process_Regarding_RFPs.pdf 19-199_MPP.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias and Mr. Clarke out. Motion Passes 7-0. Commissioner Bobby Williams Commissioner Ben Hasan Passes ENGINEERING SERVICES 16. Motion to approve addressing the funding for tree assessment/removal process during the upcoming budget process. (Approved by the Engineering Services Committee July 9, 2019) Item Action: Approved Comm._Mary_Davis_Agenda_Item_Tree_Inventory.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes 17. Motion to approve award of Bid Item 19-127 for Rocky Creek Pumping Station Power House to Border States Industries at a total cost of $367,675.00. (Approved by Engineering Services Committee July 9, 2019) Item Action: Approved 19-127-_Recommendation_and_Bid_Tab_Rocky_Creek_Powerhouse.pdf 19-127_Invitation_to_Bid.docx 19-127_MPB.pdf 19-127_TAB.xls 19-127-Department_Recommendation_of_Award.docx 19-127_Planholders_-_Demandstar_-_GA_Procurment.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias out. Motion Passes 8-0. Commissioner Ben Hasan Commissioner Mary Davis Passes 18. Motion to approve Change Order to Bid #14-134 East Augusta Roadway & Drainage Project – Marion Homes for the repair and replacement of Sanitary Sewer Mains to Blair Construction, Inc. in the amount of $280,546.00. (Approved by Engineering Services Committee July 9, 2019) Item Action: Approved AED_2018-003_Cost_Proposal.xlsx AED_2018-003_Sewer_Network_Exhibit.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes 19. Motion to approve proposal from Johnson, Laschober & Associates, P.C. to provide supplemental engineering services for the Utilities Department’s Fort Gordon Cyber CoE Campus Utilities phased projects in the amount of $200,500.(Approved by Engineering Services Committee July 9, 2019) Item Action: Approved FG_Cyber_CoE_Campus_Utilities_Supplemental_Services_-_Vicinity_Map.pdf FG_Cyber_CoE_Campus_Utilities_Supplemental_Services-_Current_PO.pdf FG_Cyber_CoE_Campus_Utilities_Supplemental_Services-_Proposal.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias out. Motion Passes 8-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 20. Motion to approve the installation of nineteen streetlights on Old McDuffie Road. This is also to approve a new lighting tax district for all lots associated with the above road. Funding is available in the Street Lighting budget account #276041610-5312310. (Approved by Engineering Services Committee July 9, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias out. Motion Passes 8-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 21. Motion to approve the installation of fourteen streetlights on Phinizy Road. This is also to approve a new lighting tax district for all lots associated with the above road. Funding is available in the Street Lighting budget account #276041610-5312310.(Approved by Engineering Services Committee July 9, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias out. Motion Passes 8-0. Commissioner Mary Davis Commissioner Ben Hasan Passes PETITIONS AND COMMUNICATIONS 22. Motion to approve the minutes of the regular meeting of the Augusta Commission held on June 27, 2019 and Special Called Meeting held July 9, 2019. Item Action: Approved Regular_Commission_Meeting_June_27_2019.pdf Called_Commission_Meeting_July_9_2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes APPOINTMENT(S) 23. Motion to approve the reappointment of Richard Isdell to the Augusta Canal Authority representing District 7. Item Action: Approved Mayor_Pro_Tem_Frantom_Isdell_appt..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/17/2019 AUGUSTA COMMISSION REGULAR AGENDA 7/17/2019 (Items 24-34) PUBLIC SERVICES 24. Receive an update from the Augusta-Richmond County Coliseum Authority regarding status on the proposal for the new James Brown Arena. (Deferred from the June 27, 2019 Commission Meeting) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner Ben Hasan Commissioner Mary Davis Passes 25. Discuss the removal of the term expired members of the Augusta-Richmond County Coliseum Authority. (Requested by Commissioner Marion Williams) Item Action: Approved ARC_Coliseum_Authority_I.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner John Clarke Commissioner Mary Davis Passes ADMINISTRATIVE SERVICES 26. Augusta University local and minority business participation. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner Marion Williams Commissioner Mary Davis Passes 27. Discuss and amend 2019 Commission Calendar. (Requested by Mayor Hardie Davis, Jr.) Item Action: Rescheduled Mayor_Davis_Agenda_item_Comm._Calendar_7.17.19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next Commission meeting. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes 28. Discuss and adopt Commission Calendar for 2020. (Requested by Mayor Hardie Davis) Item Action: Rescheduled Mayor_Davis_Agenda_item_Comm._Calendar_7.17.19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next Commission meeting. Voting No: Commissioner Bobby Williams. Motion Passes 8-1. Commissioner Mary Davis Commissioner Marion Williams Passes PUBLIC SAFETY 29. Discuss Memorandum of Understanding (MOU) between Augusta, GA and Gold Cross for ambulance service in Richmond County (Requested by Commissioner Marion Williams) Item Action: Approved MOU_Draft_Gold_Cross_07.17.19.doc.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner William Fennoy, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Passes 6-4. Commissioner Bobby Williams Commissioner Marion Williams Passes 30. Motion to approve the award of RFP 19-191 Janitorial Services for Augusta Fire Department Administration Office to Immaculate Facilities Group, LLC and to authorize the Mayor to execute the appropriate documents. (Deferred from the June 27 Commission meeting) Item Action: Approved Agenda_Info_7.16.19_Mtg._-_19-191_Janitorial_-__Fire_Department_7.16.19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes 31. Motion to approve Amendment to the Inmates Food Services Contract with Trinity Food Services Group, Inc. for Richmond County Correctional Institution. Item Action: Approved SKMBT_36319062717210.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Dennis Williams Passes FINANCE 32. Discuss additional funding request(s) for the Marshal's Office. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Motion Result Approve Motion to approve receiving this item as information. Voting No: Commissioner Marion Williams. Motion Passes 8-1. Commissioner Bobby Williams Commissioner Dennis Williams Passes 33. Audit presentation from Mauldin & Jenkins. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner Ben Hasan Commissioner Marion Williams Passes ENGINEERING SERVICES 34. Discuss/approve the placement of a monument in honor of Dr. Martin Luther King, Jr. (Requested by Commissioner Bill Fennoy) Item Action: Approved Policy_Monument_Historical_Marker.pdf Historical_Marker_in_honor_of_Dr._Martin_L._King,_Jr..pdf SKM_C65819071210570.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the location of Tenth and Broad Streets and have continued discussion regarding the park with the Engineering Department. Motion Passes 9-0. Commissioner Mary Davis Commissioner Sammie Sias Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 35. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 7/17/2019 2:00 PM Invocation Department: Department: Caption:Reverend Anthony Booker, First New Hope Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Augusta Summer Interns Department: Department: Caption:Presentation of City of Augusta Summer Interns. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Mr. Moses Todd Department: Department: Caption:Mr. Moses Todd regarding Augusta Recreation and worker safety Augusta-Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Mayor Hardie Davis, Jr. Wednesday, )une 26,20L9 9:56 AM brad @theaugustaarsenal.com Lena Bonner; Marcus Campbell Re: [EXTERNAL] Fool me once... Ms. Bonner, Good morning. Please add Brad Owens to the delegations portion of the next full Commission meeting agenda in July. Thank you, Hardie Davis, Jr. Mayor City of Augusta Georgia Mayordavis@augustaga. gov 706.821.183 1 office From: Bradley E. Owens <brad@theaugustaarsenal.com> Sent: Tuesday, June 25,20t9 7:51:20 AM To: Mayor Hardie Davis, Jr. Subject: [EXTERNAL] Fool me once... Hardie, I don't appreciate you staging an ambush on me like you did with the meeting Monday. Since I have been denied any avenue for AFO to have a say in this process, I will take my concerns to the public and although it is clear that you all have already made the choice to move forward with this job killing ordinance and fees, it will not be without at least public input and opposition from me, how ever little that apparently means to you. I am submitting a request to be on the agenda as a delegation for the next meeting, and if I can't get out what I need in five minutes, I will come back again and again until I have our say. To say I am disappointed in your manipulation of this would be an understatement, but I will not be fooled again sir. Good day, Brad [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLICK on links, open attachments or respond to requests for information unless you are sure the content is safe.] Commission Meeting Agenda 7/17/2019 2:00 PM Mr. Brad Owens Department: Department: Caption:Mr. Brad Owens regarding Augusta Filming. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and thlrd Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - l:00 p.m. Commission/Committee: (Please check one and insert meeting date) X Commission Date of Meeting July 16. 2109 Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Adminishative Senrices Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date ofMeeting Contact Information for IndividuaVPresenter Making the Request: Narne: Geri A. Sams - Procureme,nt Director Address: 535 Telfair Street Room 605 Telephone Number: 7OG82l-2422 Fax Number: 706-821-2811 E-Mail Address: gsams@auqustaga.gov Caption/Topic of Discussion to be placed on the Agenda: Delegate for the Cancer Drive Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-tZl-lBZ0 Clerk of Commission Fex Number: 70G821-183g Suite 220 Municipal Buitding E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augustq GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Cler{rrs OIfice no later then 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week A five-minute time limit will be allowed for presentations. Hello, The Georgla Cancer Center {Augusta UnlverciUl has asked me, Gerl A. Sams, to be a member of thelr Executiye Board. As a member of the Executlve Board, I am also a representative supportlng cancer research. Georgia Cancer Center is an aggressive research and treatment center, located ln our beautiful City, well known throughout the country for its intense efforts in finding a cure for this disease. Cancer is a disease that is very personalto me as my mother had lung cancer and my father is a prostate cancer survlvor. Many other known family membeis, friends, associates, employees and their famities have all been touch by thls dlsease. We all know someone. I am seeking donations to asslst the transfor- mational work of doctors, researchers and clinlcians providing servlces at Georgla Cancer Center, which has a direct impact on patients here and around the world. lt starts and continues with all of us, including g. Please help us kick off the 2nd ANNUAL UNITE lN THE FIGHT against cancer watk on November 9th at taney High School FootballStadium. The walk is a unique opportunity to celebrate with sulivorr, and support family members of those who were less fortunate ln defeating thls dlsease. Our goal ls Ss,O00+ and to form a minimum of two l2l teams of 10 participates. Each department is asked to identify a contast person. Sheila Paulk is the contact representative for Procurement, please let her know who will represent your department. On Wednesday, July 24,2Ot9, we will launch our UNITE lN THE FIGHT information kickoff drop in and introduce persons representing each department. ln the Procurement Department's Conference Room at 2:fi) p.m. until 3:OO p.m. Donatlons; Please fill out one of the enclosed cards, attach your contribution and retum to Shella paulk through your representative (request addltonal cards from Sheila Paulk -70FlgZt-Z4Z2l, I am challenglng all Department Dhectors and Efeqtea Oficlals, Attornsys, Mepr, Adninlftrntr and Deputy Admlntstrators to contribute $lgQ.@ Commission Meeting Agenda 7/17/2019 2:00 PM Geri Sams Unite in the Fight Againist Cancer Department: Department: Caption:Ms. Geri Sams regarding the Georgia Cancer Center (Augusta University) 2nd Annual United in the Fight Against Cancer. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Augusta NAACP Department: Department: Caption:Introduction of the President of the Augusta NAACP and its vision and mission. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Z-19-27 Department:Planning and Development Department:Planning and Development Caption: Z-19-27 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by Linda M. Pearson requesting a change of zoning from Zone R-1C (One-family Residential) to Zone A (Agriculture) affecting property containing 0.13 acres and known as 1775 Nixon Road. Tax Map 099-1-025-00-0 DISTRICT 2 1. A manufactured home placed on the property must be 10 years old or newer from date of rezoning approval. 2. The site must conform to 27-7 of the Comprehensive Zoning Ordinance or all necessary Board of Zoning Appeals variances must be obtained before a manufactured home will be permitted on the property. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Z-19-29 Department:Planning and Development Department:Planning and Development Caption: Z-19-29 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by Annie Ellison, on behalf of Ellen Taylor, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 2342 Dorn Road. Tax Map 070-3-035-01-0 DISTRICT 5 1. A staff member must live in the home or the home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 6 residents total. Either 5 clients and 1 live-in staff or 6 clients with staff coming in shifts. 3. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception. 4. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 5. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Z-19-30 Department:Planning and Development Department:Planning and Development Caption: Z-19-30 – A request for concurrence with the Augusta Planning Commission to deny a petition by Malisa Wanjala, on behalf of Kimberly Godbee, requesting a Special Exception to establish a Family Day Care Home per Section 26-1(F) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.46 acres and known as 4004 Madison Lane. Tax Map 053-4-012-00-0 DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Z-19-31 Department:Planning and Development Department:Planning and Development Caption: Z-19-31 – A request for concurrence with the Augusta Planning Commission to approve with the conditions below a petition by Russell Kirkland requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-2 (General Business) to establish road access to 247 Camilla Avenue affecting property containing 0.46 acres and known as 243 Camilla Avenue. Tax Map 016-0-006-00-0 DISTRICT 7 1. The applicant must submit an engineered plan for site plan review complying with all development documents. 2. If the lot is to be used for additional parking, storage or any use other than alternative access, a new development plan must be submitted for site plan review and comply with all requirements of the zoning ordinance and associated development documents. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission ORDINANCE #:_______________________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE TITLE 3, CHAPTER 5, ARTICLE 11, SECTION 3- 5- 86 (i) SO AS TO SPECIFY ADDITIONAL SAFETY EQUIPMENT TO BE INCLUDED ON PERSONAL TRANSPORTATION VEHICLES THAT ARE OPERATED ON AUGUSTA STREETS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, IT IS THE DESIRE OF THE AUGUSTA COMMISSION TO SET APPROPRIATE SAFETY STANDARDS FOR PTVS TO BE USED ON SPECIFIED AUGUSTA STREETS; THE AUGUSTA, GEORGIA COMMISSION ORDAINS AS FOLLOWS: SECTION 1. Augusta, Georgia Code Section § 3-5-86 (i) is hereby deleted in its entirety, and in lieu thereof, a new § 3-5-86 (i) is enacted as set forth in" Exhibit A" hereto. SECTION 2. This ordinance amendment shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinance in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. ______________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ “EXHIBIT A” Section § 3-5-86 (i) In addition to the requirements above, all Commercial PTVs must have four wheel disk brakes, be uniquely keyed or have a “lockout” key switch (requires code to be entered on keypad for security before vehicle will operate), be equipped with United States Department of Transportation approved tires and be marked in a conspicuous manner with the name of the company or organization operating the Commercial PTV. Section § 3-5-86 (i) In addition to the requirements above, all Commercial PTVs designed to carry six passengers or more must be equipped with hydraulic brakes, must be uniquely keyed or have a “lockout” key switch (requires code to be entered on keypad for security before vehicle will operate), be equipped with United States Department of Transportation approved tires and be marked in a conspicuous manner with the name of the company or organization operating the Commercial PTV. Commission Meeting Agenda 7/17/2019 2:00 PM PTV Code Amendment Department:Planning and Development Dept. Department:Planning and Development Dept. Caption:Motion to amend Augusta, Georgia Code Section 3-5-86 (i) so as to specify additional safety equipment to be included on Personal Transportation Vehicles (PTVs) that operate on Augusta streets, and to waive the second reading. (Approved by Public Services Committee July 9, 2019) Background:The current Personal Transportation Vehicle ordinance requires that Commercial PTVs must have four-wheel disc brakes. The vehicle manufacturers do not build all PTVs with this braking system. Analysis:The information that we received explains that the braking system on smaller ‘golf car’ size Commercial PTVs is sufficient for the vehicle’s weight and maximum speed, and hydraulic braking systems are not required. The proposed hydraulic braking system for the larger six passenger or more PTVs will provide an enhanced safety profile while allowing manufacturers to easily offer a range of PTV models. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation To Bid Sealed bids will be received at this office until Tuesday, June 4, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-233 Plastering of Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool for Augusta, GA – Recreation and Parks Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 17, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 25, May 2, 9, 16, 2019 Metro Courier April 25, 2019 OFFICIAL VENDORS Aquatic Management, Inc. GA 8725 Roswell Rd., Suite-O-206 Atlanta, GA 30350 Poolside, Inc. 1205 Oakhaven Dr Roswell, GA 30075 Attachment B Yes Yes E-Verify Number 317565 454584 Save Form Yes Yes Bid Bond Yes Yes Henry H. Brigham Community Center $38,460.00 $36,918.00 Augusta Aquatic Center $139,880.00 $39,725.00 Combined Total $178,340.00 $76,643.00 Total Number Specifications Mailed Out: 8 Total Number Specifications Download (Demandstar): 45 Total Electronic Notifications (Demandstar): 2 Pre-Bid Attendees: NA Total packages submitted: 2 Total Noncompliant: 0 Bid Opening for Bid Item #19-233 Replastering of Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool for Augusta, GA - Recreation and Parks Department Bid Date: Tuesday, June 4, 2019 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 7/17/2019 2:00 PM Re-plastering Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool – Bid #19-233 Department:Recreation and Parks Department Department:Recreation and Parks Department Caption:Motion to approve awarding Poolside Inc. Bid #19-233 for Re- plastering Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool. (Approved by Public Services Committee July 9, 2019) Background:The Augusta Recreation and Parks and Department operates Brigham Swim Center and Augusta Aquatic Center Diving Well Pool year-round. These two pools are heavily utilized for aquatic programming and fitness programs. Analysis:The recommendation to award Poolside Inc. was based on the bid specifications, their 35 years of experience in the swimming pool industry and being the lowest responsive bidder. Financial Impact:The financial impact is $76,643. Alternatives:1. To approve awarding Poolside Inc. bid #19-233 for Re- plastering Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool. 2. To deny could result in the pool surface being unsafe for use and causing injury to the public. Recommendation:1. To approve awarding Poolside Inc. Bid #19-233 for Re- plastering Brigham Swim Center Pool and Augusta Aquatic Center Diving Well Pool. Funds are Available in the Following Accounts: 329061110 - 216057906 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission April 2019 1 DBE PROGRAM DANIEL FIELD AIRPORT AUGUSTA, GEORGIA POLICY STATEMENT Objectives /Policy Statement (§§26.1, 26.23) August, Georgia, (Sponsor) owner of the Daniel Field Airport, has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance from the Federal Aviation Administration, and is anticipating awarding prime contracts in excess of $250,000.00 during this Fiscal Year and, as a condition of receiving this assistance, has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the Sponsor to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program; 7. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs and; 8. To promote the use of DBEs in all types of federally-assisted contract and procurement activities. Ms. Treza Edwards, Director, Augusta, Georgia Compliance Department has been delegated as the DBE Liaison Officer (DBELO) and is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Sponsor in its financial assistance agreements with the Federal Aviation Administration. The Sponsor has disseminated this policy statement to all branches of the Sponsor’s government, and posted it for public viewing. It will be distributed to DBE and non-DBE communities that perform work for the Sponsor on DOT-assisted contracts by website postings of the public notice. Honorable Hardie Davis, Jr. Mayor Augusta, Georgia ____________________________________________ Date: _____________ Commission Meeting Agenda 7/17/2019 2:00 PM Daniel Field Airport DBE Approval Department:Daniel Field Airport Department:Daniel Field Airport Caption:Motion to approve of the Daniel Field Airport DBE (Disadvantaged Business Enterprise) Program to include Mayor Davis signing the Policy Statement. (Approved by Public Services Committee July 9, 2019) Background:Augusta, Georgia, (Sponsor) owner of the Daniel Field Airport, has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance from the Federal Aviation Administration, and is anticipating awarding prime contracts in excess of $250,000.00 during this Fiscal Year and, as a condition of receiving this assistance, has signed an assurance that it will comply with 49 CFR Part 26. It is the responsibility of the Sponsor to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. Policy also requires: 1. To ensure nondiscrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program; 7. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs and; 8. To promote the use of DBEs in all types of federally-assisted contract and procurement activities. Analysis: Financial Impact:Augusta, Georgia, owner and sponsor of Daniel Field Airport, in accordance with 49 CFR Part 26, completed a Disadvantaged Business Enterprise (DBE) Plan, Policy, and Goal Methodology for projects planned for Federal Fiscal Years 2018-2020. In FY2018, Daniel Field did not have a project, therefore was not required to meet a DBE goal. For FY2019, the project DBE goal is 9.84%. For FY2020, the project DBE goal is 6.73%. Since these projects are planned for federal funding, Local Small Business Opportunities Program goals are not expected. Alternatives:Daniel Field Airport, as a recipient of federal funds for capital improvements, is required to establish a DBE Plan and Program, and updates its Goal Methodology at least every three years. There are no reasonable alternatives to complying with these federal requirements. Recommendation:The Daniel Field General Aviation Commission recommends approval of the Daniel Field Airport FY2018-2020 DBE Plan, Policy, and Goal Methodology and submittal to FAA. The Daniel Field Airport General Aviation Commission, Augusta Legal Department, and Augusta Compliance Department have reviewed the Plan, Policy, and Goal Methodology and concur with its findings. Funds are Available in the Following Accounts: This project was funded with 90% federal, 5% state, and 5% local funds for the DBE Plan, Policy, and Goal Methodology. The funding for this project was approved in December 2018. Total cost was $7,700. Org key: 552-09-1205 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM James Brown Arena Department: Department: Caption:Receive an update from the Augusta-Richmond County Coliseum Authority regarding status on the proposal for the new James Brown Arena. (Deferred from the June 27, 2019 Commission Meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: UPDATE 07/23/18 NAME OF BOARD AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY Members and Districts Appointment Effective Expiration DISTRICT 9 Booker T. Roberson 01/03/17 Immediately 12/31/20 Linda Edney-Wiley 01/03/17 Immediately 12/31/20 Bonita Jenkins 01/03/17 Immediately 12/31/20 DISTRICT 10 Darren Smith 01/03/17 Immediately 12/31/18 John Kelly 06/02/15 Immediately 12/31/18 Brad Usry 01/03/17 Immediately 12/31/18 LEGISLATIVE: Cedric Johnson 07/17/18 Immediately 12/31/20 MEETING DATE: Fourth Tuesday at 9:00 A.M. WHERE: Civic Center, 601 Seventh Street CONTACT: Linda Roberts, 722-3521 Ext. 514 FUNCTION: The mission of the Augusta-Richmond County Coliseum Authority is to economically and efficiently manage the Augusta-Richmond County Civic Center Complex as to provide facilities, services and events to enrich the cultural civic and economic vitality of the greater Augusta Area. CREATED: 1973 Ga. Law p. 3042 et seq.; 1974 Ga. Laws p. 3207 et seq.; 1975 Ga. Laws p. 4681 et. Seq. 1977 Ga. Laws p. 3300 et seq.; 1978 Ga. Laws p.4673 et seq.; 1993 Ga. Laws p. 4087 et seq. 09HB813 GENERAL INFORAMTION: Seven (7) members to be appointed as follows: Six (6) by the governing authority from Super Districts 9 & 10 of the Municipal Corporation. Terms correspond with commissioners from Super Districts 9 & 10. One (1) Chairman appointed by the Legislative Delegation. Commission Meeting Agenda 7/17/2019 2:00 PM Augusta-Richmond County Coliseum Authority Membership. Department: Department: Caption:Discuss the removal of the term expired members of the Augusta-Richmond County Coliseum Authority. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: BID 19-171 Year 2020 2020 Brand Ford Ford Model Explorer PI Explorer PI Delivery Date 10-18WEEKS 180-240 DAYS 5.03 Marshal Package $ 38,369.00 $ 37,569.00 6.03 VSO exterior paint colors each $ 950.00 $ 950.00 TOTAL FOR OPTIONS AND BASE PRICE 39,319.00$ 38,519.00$ FOR ALL DEPARTMENTS- 2019/2020 Pursuit Utility Vehicles-BIDS OPENED 3/5/19 @ 11:00 Wade FordAllan Vigil Ford Invitation to Bid Sealed bids will be received at this office until Tuesday, March 5, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-170 2019 Police SUV Vehicle - Special Services Model Bid Item #19-171 2019/2020 Pursuit Utility Vehicle - Police Model Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, February 15, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 24, 31, February 7, 14, 2019 Metro Courier January 24, 2019 OFFICIAL VENDORS ALLEN VIGIL FORD 6790 MOUNT ZION BLVD MORROW, GA 30260 WADE FORD INC 3860 SOUTH COBB DR SMYRNA, GA 30080 Attachment B Yes Yes E-Verify Number 94460 314470 SAVE Form Yes Yes 5.01 Administrative Package-Police Model Pursuit Utility Standard Equipment $35,233.00 $34,343.00 5.02 Civil Package Police Model Pursuit Utility Standard Equipment $36,670.00 $35,878.00 5.03 Marshal Package Police Model Pursuit Utility Standard Equipment $38,369.00 $37,569.00 5.04 Patrol Package Police Model Pursuit Utility Standard Equipment $41,431.00 $40,449.00 5.05 Traffic Package Police Model Pursuit Utility Standard Equipment $41,791.00 $40,867.00 6.01 3.0L V6 EcoBoost Engine $753.00 $751.00 6.02 Interior Upgrade $377.00 $371.00 6.03 VSO exterior paint colors each $0 / Standard Color $950.00 Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 VEHICLE/OPTIONS REQUIRED 6.00 OPTIONAL ITEMS Bid Opening Item #19-171 - 2019/2020 Pursuit Utility Vehicle for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, March 5, 2019 @ 11:00 a.m. Page 1 of 2 OFFICIAL VENDORS ALLEN VIGIL FORD 6790 MOUNT ZION BLVD MORROW, GA 30260 WADE FORD INC 3860 SOUTH COBB DR SMYRNA, GA 30080 Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Bid Opening Item #19-171 - 2019/2020 Pursuit Utility Vehicle for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, March 5, 2019 @ 11:00 a.m. 6.04 2nd Row Cloth Seats $60.00 $119.00 6.05 Dual AC with Front Controls $583.00 $579.00 6.06 Painted Aluminum Wheels $459.00 $451.00 6.07 SYNC Hands Free System Available Only w/interior upgrade package-65U Included 6.08 Keyless Remote (1extra)$335.00 N/C 6.09 Reverse Sensing $271.00 $261.00 6.10 Blind Spot Monitoring $527.00 $517.00 6.11 Engine Idle Feature $255.00 $248.00 Year 2020 2020 Make Ford Ford Model Police Interceptor Utility / SUV AWD K8A Delivery 10-18 Weeks ARO 180-240 ARO 2019/2020 DODGE PURSUIT UTILITY VEHICLE, POLICE MODEL Page 2 of 2 Commission Meeting Agenda 7/17/2019 2:00 PM 2019 - Airport Marshal's Vehicle Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00. The Augusta Aviation Commission approved this request on May 2, 2019. (Approved by Administrative Services Committee July 9, 2019) Background:The Augusta Regional Airport is requesting the acquisition of one 2019 Ford Pursuit Utility Explorer for use by the Airport Marshal to accommodate the many operations activities encountered on a daily basis on and around the airfield. The SUV will replace a 2007 Ford Crown Victoria. The Augusta Regional Airport Commission has approved this purchase per the attached memorandum Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for 2019 Pursuit Utility Vehicles with the following results. Bid 19-171 – 2019 Pursuit Utility Vehicle (Ford Explorer): Civil Package: Wade Ford = $38,519; Allan Vigil Ford = $39,319 Financial Impact:1- Ford Pursuit Utility Explorer @ $38,519.00. (ACT #: 551-08- 1108/61-11631) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00 Funds are Available in the Following Accounts: Approve the purchase of one Airport Marshal’s vehicle in the amount of $38,519.00, the Augusta Aviation Commission approved this request on May 2, 2019. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-203 Year 2019 Brand Ford Model F250 Delivery Date 90-120 5.01 2019/2020 Full Size Chassis $ 21,495.00 5.06 Super Cab Option $ 3,790.00 5.09 Heavy Duty Tow Package STD 5.15 Power Locks, Windows and Mirrors $ 1,050.00 5.17 Trailer Tow Mirrors, manual adjust NO COST 5.30 Delivery Fee $ 150.00 5.31 1 Extra set of keys $ 225.00 6.01 Steel Service Body - Knapheide 696 $ 6,200.00 6.02 Bed Liner $ 450.00 6.12 Trailer hitch $ 65.00 6.13 Trailer Wiring STD 6.14 Trailer Ball N/A 7.04 Window Tint - Ext Cab $ 150.00 7.06 County Emergency Package $ 825.00 TOTAL FOR OPTIONS AND BASE PRICE 34,400.00$ 2018/2019 Ford F250 9800GVWR V8, Long Bed, 4X2, Reg Cab Equipment included in base price: 6.2L V8 Gasoline/E85 Engine 6 Speed Automatic Transmission A/C AM-FM Radio Power Steering Pwer ABS Brakes Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare Tire Rear Step Bumper Solar Tinted Glass Trailer Wiring Harness Receiver Hitch (12.k) Tilt Steering Wheel Rear View Camera Electric Shift (4X4 Only) 5.01 FOR ALL DEPARTMENTS- 2019/2020 Pickup Truck 9500 GVWR SERVICE BODY-BIDS OPENED 4/23/19 @ 11:00 Allan Vigil Ford Allan Vigil Ford Governement Sales 6790 Mt. Zion Blvd Morrow, GA 30260 Invitation to Bid Sealed bids will be received at this office until Tuesday, April 23, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-203 2019/2020 Truck 9500 GVW Service Body Bid Item #19-211 2019/2020 Tractor Loader Subcompact Bid Item #19-215 2020 Midsize SUV Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 5, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 14, 21, 28, April 4, 2019 Metro Courier March 14, 2019 OFFICIAL VENDORS NICHOLS FLEET EQUIPMENT 2401 EAST 31ST STREET CHATTANOOGA, TN. 37407 ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Attachment B No Bid Yes E-Verify Number 94460 SAVE Form Yes 5.01 2019/2020 Full Size Chassis $21,495.00 5.02 Diesel engine, minmum 6.7 Liter $8,359.00 5.03 4 x 4 Option $4,175.00 5.04 6.7L Diesel Engine $8,359.00 5.05 Crew Cab Option $4,010.00 5.06 Super Cab Option $3,790.00 5.07 Cruise Control $225.00 5.08 Roof Clearance Lights $89.00 5.09 Heavy duty tow package Standard 5.10 Electric brake controller – installed in full compliance with section 8.00 as listed below $255.00 5.11 Daytime Running Lights $42.00 5.12 Reverse Aid Sensor $235.00 5.13 Back up camera $378.00 5.14 Rear Window Defrost $65.00 5.15 Power Locks, Windows and Mirrors $1,050.00 5.16 Dual Alternators $331.00 5.17 Trailer tow mirrors, manual adjust No charge 5.18 Trailer tow mirrors, manual w/power heated glass No charge 5.19 Front Tow Rings on bumper (2 EA)No charge 5.20 Black platform running boards $355.00 5.21 Skid plate package (4x4 only)$95.00 5.22 Infotainment Blue Tooth Sync System $525.00 5.23 Upfitter switches -minimum 4 located on instrument panel $160.00 5.24 Exterior Color Not Included in Base Price Color: N/A 5.25 Exterior Color Not Included in Base Price Color: N/A 5.26 Exterior Color Not Included in Base Price Color: N/A 5.27 Interior Color Not Included in Base Price Color: N/A 5.28 Interior Color Not Included in Base Price Color N/A 5.29 Interior Color Not Included in Base Price Color N/A 5.30 Delivery Fee ( per Vehicle)$150.00 Bid Opening Item #19-203 2019/2020 Truck 9500 GVW Service Body for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 53 Georgia Procurement Registry: 6 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 5.00 Vehicle/Chassis Options Required Page 1 of 3 OFFICIAL VENDORS NICHOLS FLEET EQUIPMENT 2401 EAST 31ST STREET CHATTANOOGA, TN. 37407 ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Bid Opening Item #19-203 2019/2020 Truck 9500 GVW Service Body for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 53 Georgia Procurement Registry: 6 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 5.31 1 Extra Set of Keys with remote (3-Total)$225.00 5.32 Heavy Duty Floor Mats Front (1 Set)$75.00 5.33 Heavy Duty Floor Mats Back (1 Set) $75.00 6.01 Steel Service Body Type: Should be a “Knapheide Service Body Style Model 696 or Equivalent $6,200.00 6.02 Bed liner – Rhino Linings, or approved equal $450.00 6.03 Service body bumper galvanized steel grip tread plate, ball hitch recess type, license plate light, bumper brackets welded to frame $975.00 6.04 Spotlight – Unity 325 or equal, driver side, 6 inch halogen bulb, with all necessary wiring and in full compliance with Section 8.00 as listed below $525.00 6.05 Rear Cable Steps (2 EA)$575.00 6.06 Rear Grab Handles (2 EA)$65.00 6.07 Modular Cab Guard for Rear Window $525.00 6.08 Flip Top Compartments (2 EA) Included 6.09 Pipe vise – Rigid model 40195 or equal, attached to street side of service body bumper $100.00 6.10 Recessed Cargo Tie Downs inside bed (6 EA)$375.00 6.11 Master Locking System for Tool Compartments $510.00 6.12 Trailer hitch – Class IV connection, consisting of: 1 each frame-mounted Class IV hitch, 1 each receiver bar with 2 inch ball and pin $65.00 6.13 Trailer wiring – trailer wiring harness with 7-flat pin plug(RV type) attached to rear step bumper, with all necessary wiring and in full compliance with Section 8.00 as listed below Included 6.14 Trailer ball – 2 inch hitch ball attached to rear step bumper N/A 6.15 Extra User’s Manual (2 Total)N/A 6.16 Parts Manual (If Available)N/A 6.17 Maintenance Manual (If Available) $275.00 7.01 Fire extinguisher – DOT approved, 5 pound (ABC type) $65.00 7.02 Outlet receptacle – one each Sho-Me model 14.0553 three plug outlet receptacle $75.00 7.03 Window tint, regular cab – 35% window tint film $135.00 7.04 Window tint, extended cab – 35% window tint film $150.00 7.00 Outfitter's Specialty Items 6.00 Utility Service Body Options Required Page 2 of 3 OFFICIAL VENDORS NICHOLS FLEET EQUIPMENT 2401 EAST 31ST STREET CHATTANOOGA, TN. 37407 ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Bid Opening Item #19-203 2019/2020 Truck 9500 GVW Service Body for Augusta, Georgia- Central Services Department- Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 30 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 53 Georgia Procurement Registry: 6 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 7.05 Window tint, crew cab – 35% window tint film $170.00 7.06 County Emergency Equipment Package:$825.00 Year 2019 Make Ford Model F250 Approximate Delivery Time 90-120 Days Exceptions Noted 2019/2020 Truck 9500 GVW Service Body Page 3 of 3 Commission Meeting Agenda 7/17/2019 2:00 PM 2019 - Recreation - F250 - ITB 19-203 Department:Central Services - Fleet Management Division Department:Central Services - Fleet Management Division Caption:Motion to approve request for replacement of one Ford F250 Utility Body truck for Recreation Trees and Landscape Division for $34,400 using capital outlay.(Approved by Administrative Services Committee July 9, 2019) Background:The Recreation Trees and Landscape Division is requesting the replacement of a 2000 Ford F250, asset number 994475, with 139,893 miles and 63 work orders totaling $10,761. This truck is used to repair irrigation lines throughout Augusta. Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 9500 GVWR Service Body Truck (Bid #19-203). Invitations to Bid were sent to 30 vendors with one vendor responding. Bid tab sheets are attached for your review. Bid 19-203: 2019 Ford F250 – Allan Vigil Ford – $34,400 Financial Impact:1 – 2019 Ford F250 @ $34,400. The vehicle will be purchased using the Capital Outlay. (ACCT# 272-01-6440/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:: Approve the replacement of one - Ford F250 Utility Body truck for the Recreation Department – Trees and Landscape Division at a cost of $34,400 using capital outlay and sell the replaced vehicle at auction. Funds are Available in the Following Accounts: Capital Outlay (ACCT# 272-01-6440/54-22210) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, April 23, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-203 2019/2020 Truck 9500 GVW Service Body Bid Item #19-211 2019/2020 Tractor Loader Subcompact Bid Item #19-215 2020 Midsize SUV Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 5, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 14, 21, 28, April 4, 2019 Metro Courier March 14, 2019 OFFICIAL Page 1 of 2 Bid Opening Item #19-215 2020 Midsize SUV for Augusta, Georgia - Central Services Department - Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. VENDORS ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Attachment B Yes E-Verify Number 94460 SAVE Form Yes 5.00 Vehicle/Options Required $27,895.00 6.01 4X4 Drivetrain $2,288.00 6.02 3.3L V6 Engine No Charge 6.03 Daytime Running Lights $43.00 6.04 All Weather Floor Mats $117.00 6.05 Rear Cargo Shade N/A 6.06 Splash Guards $202.00 6.07 XLT RWD Package $3,495.00 6.08 XLT 4WD Package) $5,475.00 6.09 Trailer Towing $685.00 6.10 Roof rail Crossbars $315.00 6.11 Running Boards N/A 6.12 Exterior Color Not Included in Base Price Color $375.00 6.13 Interior Color Not Included in Base Price Color No Charge 6.14 Delivery Fee per Vehicle $150.00 7.01 Fire extinguisher – DOT approved, 5 pound (ABC type) $65.00 7.02 Outlet receptacle – one each Sho-Me model 14.0553 three plug outlet receptacle $75.00 7.03 Trailer hitch – Class IV connection $685.00 (Includes the price for the Trailer Towing 6.09) 7.04 Trailer wiring – trailer wiring harness with 7-flat pin plug (RV type) attached to rear step bumper N/A 7.05 Trailer ball – 2 inch hitch ball attached to rear step bumper N/A 7.06 Window tint, – 35% window tint film with 6” windshield strip $200.00 7.07 County Emergency Equipment Package $850.00 7.08 Administrative Public Safety Equipment Package:$1,925.00 Year 2020 Make FORD 2020 Midsize SUV Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 28 Georgia Procurement Registry: 264 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 5.00 Vehicle/Options Required 7.00 Outfitter's Specialty Items 6.00 Manufacturer Options OFFICIAL Page 2 of 2 Bid Opening Item #19-215 2020 Midsize SUV for Augusta, Georgia - Central Services Department - Fleet Maintenance Division Bid Due: Tuesday, April 23, 2019 @ 11:00 a.m. VENDORS ALLAN VIGIL FORD 6790 MT. ZION BLVD. P.O. BOX 100001 MORROW, GA 30260 Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 28 Georgia Procurement Registry: 264 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 Model Explorer Approximate Delivery Time 90-120 Days Exceptions Noted Commission Meeting Agenda 7/17/2019 2:00 PM 2019 - Tax Commissioner Vehicle Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Tax Commissioner’s Office requests to purchase of one silver XLT 4WD Ford Explorer via bid #19-215 in the amount of $34,712.00 - Allan Vigil Ford. (Approved by Administrative Services Committee July 9, 2019) Background:The Tax Commissioner’s Office is requesting the purchase of a 2020 Ford Explorer for use in the service and administration of delinquent tax programs citing an increase in activity with business personal property delinquent accounts. Bid tab sheets to include vehicle options are attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for 2020 Midsize SUV with the following results. Bid 19-215 Midsize SUV: 2020 XLT 4WD Ford Explorer – Allan Vigil Ford = $34,712.00 Financial Impact:1 – 2020 XLT 4WD Ford Explorer @ $34,712.00 for the Tax Commissioner’s Office. This vehicle will be purchased using Capital Outlay funds. (ACCT# 272-01-6440/54-22110) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the Tax Commissioner’s Office request to purchase one silver XLT 4WD Ford Explorer via bid 19-215 in the amount of $34,712.00 Funds are Available in the Following Accounts: 2019 Capital Outlay: 272-01-6440/54.22110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-203 Year 2019 Brand Ford Model F250 Delivery Date 90-120 5.01 2019/2020 Full Size Chassis $ 21,495.00 5.03 4x4 Option $ 4,175.00 5.06 Super Cab Option $ 3,975.00 5.09 Heavy Duty Tow Package STD 5.15 Power Locks, Windows and Mirrors $ 1,050.00 5.17 Trailer Tow Mirrors, manual adjust NO COST 5.18 Trailer Tow Mirrors, power adjust-heated NO COST 5.30 Delivery Fee $ 150.00 5.31 1 Extra set of keys $ 225.00 6.01 Steel Service Body - Knapheide 696 $ 6,200.00 6.02 Bed Liner $ 450.00 6.12 Trailer hitch $ 65.00 6.13 Trailer Wiring STD 6.14 Trailer Ball N/A 7.04 Window Tint - Ext Cab $ 150.00 7.06 County Emergency Package $ 825.00 TOTAL FOR OPTIONS AND BASE PRICE 38,760.00$ 2018/2019 Ford F250 9800GVWR V8, Long Bed, 4X2, Reg Cab Equipment included in base price: 6.2L V8 Gasoline/E85 Engine 6 Speed Automatic Transmission A/C AM-FM Radio Power Steering Power ABS Brakes Vinyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare Tire Rear Step Bumper Solar Tinted Glass Trailer Wiring Harness Receiver Hitch (12.k) Tilt Steering Wheel Rear View Camera Electric Shift (4X4 Only) 5.01 FOR ALL DEPARTMENTS- 2019/2020 Pickup Truck 9500 GVWR SERVICE BODY-BIDS OPENED 4/23/19 @ 11:00 Allan Vigil Ford Allan Vigil Ford Government Sales 6790 Mt. Zion Blvd Morrow, GA 30260 Commission Meeting Agenda 7/17/2019 2:00 PM 2019 - Utilities-F250 Department:Central Services Department-Fleet Management Division Department:Central Services Department-Fleet Management Division Caption:Motion to approve request to replace one Ford F250 Utility Body truck for Utilities Facilities Maintenance Division at a cost of $38,760 using the GMA lease program. (Approved by Administrative Services Committee July 9, 2019) Background:The Utilities Facilities Maintenance Division is requesting the purchase of one 2019 F-250, 4X4 to replace a 2003 Ford F-350, asset number 203185, that was decommissioned due to the need for repairs totaling $11,400; these repairs would cause the cumulative total of repairs to exceed the value of the vehicle. This replacement complies with the 2004 Commission approved Fleet Management replacement policy. This vehicle will be used to support repairs to lift stations Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 9500 GVWR Service Body Truck (Bid #19-203). Invitations to Bid were sent to 30 vendors with one vendors responding. Bid tab sheets are attached for your review Bid 19-203: 2019 Ford F250 Allan Vigil Ford – $38,760 Financial Impact:1 – 2019 Ford F250 @ $38,760. The vehicle will be purchased through GMA Lease Program. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the replacement of one - Ford F250 Utility Body truck for the Utilities Department -Facilities Maintenance Division at a cost of $38,760 using the GMA Lease Program. GMA Lease Program 506043580-6111631 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Thursday, April 4, 2019 @ 3:00 p.m. for furnishing: Bid Item #19-181 Augusta 911 Additions and Renovations for Augusta, GA – Central Services – Facility Maintenance Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $175.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, February 21, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Tuesday, March 19, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, March 21, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 21, 28, March 7, 14, 2019 Metro Courier February 21, 2019 Revised: 2/2/2016 OFFICIAL Page 1 of 2 VENDORS Contract Management 1829 Killingsworth Rd Augusta, GA 30904 Paul S. Askins P.O. Box 631 Statesboro, GA 30459 Dabbs Williams 319 South Walnut St Statesboro, GA 30458 T.L. Clark & Associates 2065 Heckle St. Augusta, GA 30904 Attachment "B"Yes E-Verify Number 225306 Addendum 1 Yes Save Form Yes Bid Bond Yes Compliance Review 6% Goal Yes Base Bid Price $637,190.00 Alternate 1 [Add]$4,990.00 Alternate 2 [Add]$4,539.00 Alternate 3 [Add]$39,778.00 Alternate 4 [Add]$3,125.00 Alternate 5 [Add]$157,541.00 Alternate 6 [Add]$9,375.00 Alternate 7 [Add]$9,990.00 Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 173 Georgia Procurement Registry: 28 Mandatrory Pre-Bid Attendees: 7 Total packages submitted: 1 Total Noncompliant: 0 Bid Opening for #19-181 Augusta 911 Additions and Renovations for Augusta, GA - Central Services Department- Facilities Maintenance Division Bid Date: Thursday, April 4, 2019 @ 3:00 p.m. OFFICIAL Page 2 of 2 VENDORS Contract Management 1829 Killingsworth Rd Augusta, GA 30904 Paul S. Askins P.O. Box 631 Statesboro, GA 30459 Dabbs Williams 319 South Walnut St Statesboro, GA 30458 T.L. Clark & Associates 2065 Heckle St. Augusta, GA 30904 Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 173 Georgia Procurement Registry: 28 Mandatrory Pre-Bid Attendees: 7 Total packages submitted: 1 Total Noncompliant: 0 Bid Opening for #19-181 Augusta 911 Additions and Renovations for Augusta, GA - Central Services Department- Facilities Maintenance Division Bid Date: Thursday, April 4, 2019 @ 3:00 p.m. Alternate 8 [Add]$62,500.00 Commission Meeting Agenda 7/17/2019 2:00 PM Award Contract for Augusta 911 Addition and Renovations Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve the award of contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. Bid Item 19-181. (Approved by Administrative Services Committee July 9, 2019) Background:The Augusta 911 Center was completed circa 1996 to replace the old 911 Center which had been located in the basement of the old JLEC at 401 Walton Way. The relocation was predicated by need for additional space due to a growing population and moisture problems. Changing operations over the intervening 20 years made it apparent that there was a need for additional space for personnel and evolving operations dependent on technologically advanced communications. In response to recommendations from former 911 Directors, the Commission included allocations for this project in SPLOST 7 to provide additional office space, a training room that can function as a back-up Emergency Operation Center and upgrades to existing space. In 2018, the Augusta Commission awarded 2KM Architects the contract to design an addition and renovations to the Augusta 911 Center to accommodate evolving operations and requirements. Construction documents were prepared by 2KM and released under Invitation to Bid (ITB) 19-181. Analysis:Bids were received on April 4, 2019 and reviewed by the Procurement and Compliance Departments. CMI Inc. was determined to be responsive and within budget. The project scope includes: additional parking and a retention pond to alleviate flooding issues; improved cooling in the critical computer server room which have been problematic over the years; and sealing of an exterior masonry wall above the roof which has been a source of water intrusion. Financial Impact:The contract amount is $866,528.00. Alternatives:1. Award the contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. 2. Do not award Recommendation:Award the contract to construct the Augusta 911 Center Addition and Renovations to Contract Management, Inc. (CMI) of Augusta in the amount of $866,528.00. Funds are Available in the Following Accounts: This project is funded as follows: •911 SPLOST 7 $402,473 •911 Fund Balance $250,000 •CSD-FM SPLOST 7 $200,000 •911 Emergency Services $ 14,055 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 95,000.00 Ninety-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “4321 Creekview Drive – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is 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, Sand Hills 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 Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills 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, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Pinnacle Place Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $95,000.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 4321 Creekview Drive, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Pinnacle Place Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing 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 Sand Hills 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 Costs An amount not to exceed $ 95,000.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Pinnacle Place Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 4321 Creekview Drive, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Pinnacle Place Community) that incorporates the following boundaries: Highway 1 on the North and West, Deansbridge Augusta Housing and Community Development Department Page 4 Road on the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD 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 Sand Hills will be compensated in accordance 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 II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., 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: $95,000.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills 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 Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. 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. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of Capital Rise Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with Capital Rise Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 95,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. 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 Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 95,000.00 Total Project Activity Cost $ 95,000.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [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 Augusta, 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 Augusta 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 Sand Hills Urban Development (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. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-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. G. Requests by Sand Hills for payment 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. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills 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 Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. 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 Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills 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. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum 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 f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills 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. Sand Hills 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. Sand Hills 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, Sand Hills 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 years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills 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: Sand Hills’ 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). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills 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. Sand Hills 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 Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills 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 Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, 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 Sand Hills. 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. Sand Hills 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) Sand Hills 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 Sand Hills. In such instances, Sand Hills shall consult with AHCD/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 Sand Hills. 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. Sand Hills agrees that it will conduct and administer HOME Program 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 Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills 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. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 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 U.S.C. 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). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP 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). I. Sand Hills 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. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills 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. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills 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. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills 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. Any publicity generated by Sand Hills 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. In accordance with 24 CFR 85.43, if Sand Hills 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 VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills 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 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. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker 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). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs 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 Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker 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 Sand Hills Revitalization Plan, 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 Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills 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 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills 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, Laney-Walker 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 Sand Hills 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, Sand Hills 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 Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills 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 Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall 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 Sand Hills 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. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 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) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 95,000.00 in Fiscal Year 2017 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 4321 Creekview Drive, Augusta, GA 30906. 2. AHCD 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 Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. 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, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” 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 total 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; Augusta Housing and Community Development Department Page 22 floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. 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 maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD 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. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, 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 AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 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 USC 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 Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD 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 for 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 AHCD 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 Sand Hills Urban Development 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 AHCD to monitor and assess progress in connection with the performance of this agreement. Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 85,000.00 Eighty-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “2565 Dover Street – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is 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, Sand Hills 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 Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills 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, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover Street Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $85,000.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 2565 Dover Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing 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 Sand Hills 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 Costs An amount not to exceed $ 85,000.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Sand Hills Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 2565 Dover Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Dover Community) that incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones Expressway on Augusta Housing and Community Development Department Page 4 the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD 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 Sand Hills will be compensated in accordance 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 II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., 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: $85,000.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills 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 Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. 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. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of J.L. Lovett Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with J.L. Lovett Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 85,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. 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 Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 85,000.00 Total Project Activity Cost $ 85,000.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [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 Augusta, 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 Augusta 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 Sand Hills Urban Development (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. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-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. G. Requests by Sand Hills for payment 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. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills 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 Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. 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 Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills 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. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum 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 f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills 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. Sand Hills 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. Sand Hills 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, Sand Hills 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 years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills 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: Sand Hills’ 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). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills 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. Sand Hills 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 Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills 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 Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, 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 Sand Hills. 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. Sand Hills 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) Sand Hills 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 Sand Hills. In such instances, Sand Hills shall consult with AHCD/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 Sand Hills. 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. Sand Hills agrees that it will conduct and administer HOME Program 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 Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills 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. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 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 U.S.C. 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). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP 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). I. Sand Hills 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. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills 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. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills 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. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills 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. Any publicity generated by Sand Hills 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. In accordance with 24 CFR 85.43, if Sand Hills 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 VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills 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 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. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker 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). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs 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 Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker 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 Sand Hills Revitalization Plan, 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 Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills 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 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills 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, Laney-Walker 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 Sand Hills 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, Sand Hills 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 Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills 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 Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall 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 Sand Hills 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. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 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) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 85,000.00 in Fiscal Year 2017 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2565 Dover Street, Augusta, GA 30906. 2. AHCD 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 Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. 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, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” 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 total 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; Augusta Housing and Community Development Department Page 22 floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. 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 maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD 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. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, 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 AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 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 USC 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 Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD 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 for 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 AHCD 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 Sand Hills Urban Development 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 AHCD to monitor and assess progress in connection with the performance of this agreement. Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 85,000.00 Eighty-Five Thousand Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “2525 Dover Street – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is 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, Sand Hills 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 Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills 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, Sand Hills has been selected and approved to partner with Capital Rise Construction as development partners to assist in the development of the Dover Street Community. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $85,000.00 in loan/grant funds to perform eligible activities as described in Article I below; NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 2525 Dover Street, a single family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing 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 Sand Hills 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 Costs An amount not to exceed $ 85,000.00 in a loan/grant shall be expended by Sand Hills from year 2017 HOME Program funds for construction costs related to the development of an affordable single family unit in the Sand Hills Community. The design and specifications must be approved by AHCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 2525 Dover Street, Augusta, Georgia 30906 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Dover Community) that incorporates the following boundaries: Highway 1 on the North and West, Bobby Jones Expressway on Augusta Housing and Community Development Department Page 4 the South and Peach Orchard Road on the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD 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 Sand Hills will be compensated in accordance 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 II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by AHCD. Sand Hills agrees to perform the required services under the general coordination of AHCD. In addition, and upon approval by Augusta, Sand Hills Urban Development, Inc., 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: $85,000.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills 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 Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. AHCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. 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. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru AHCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing AHCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to AHCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of Capital Rise Construction. (See funding commitment letter) e. SHUD agrees that AHCD HOME funding will be utilized at the beginning of the construction phase of this project with Capital Rise Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of AHCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 85,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. 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 Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 85,000.00 Total Project Activity Cost $ 85,000.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [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 Augusta, 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 Augusta 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 Sand Hills Urban Development (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. ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-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. G. Requests by Sand Hills for payment 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. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills 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 Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. 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 Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills 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. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum 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 f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annual household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills 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. Sand Hills 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. Sand Hills 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, Sand Hills 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 years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills 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: Sand Hills’ 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). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills 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. Sand Hills 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 Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills 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 Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, 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 Sand Hills. 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. Sand Hills 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) Sand Hills 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 Sand Hills. In such instances, Sand Hills shall consult with AHCD/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 Sand Hills. 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. Sand Hills agrees that it will conduct and administer HOME Program 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 Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills 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. D. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 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 U.S.C. 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). E. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. F. Sand Hills agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/AHCD in complying with the NEPA Act and regulations, and that no activities will be undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP 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). I. Sand Hills 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. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin, or social status. K. Sand Hills 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. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills 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. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills 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. Any publicity generated by Sand Hills 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. In accordance with 24 CFR 85.43, if Sand Hills 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 VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills 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 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. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/AHCDD prior to the execution of this Contract. V. If applicable, Laney-Walker 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). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs 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 Sand Hills materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Laney- Walker 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 Sand Hills Revitalization Plan, 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 Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills 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 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills 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, Laney-Walker 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 Sand Hills 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, Sand Hills 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 Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta’s officers, agents, members, employees, and successors. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills 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 Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall 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 Sand Hills 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. ARTICLE XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. Augusta Housing and Community Development Department Page 20 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) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Interim Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the $ 85,000.00 in Fiscal Year 2017 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2525 Dover Street, Augusta, GA 30906. 2. AHCD 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 Sand Hills in accordance with the attached drawdown schedule and budget. 3. AHCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With AHCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. 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, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” 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 total 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; Augusta Housing and Community Development Department Page 22 floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. 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 maximum per unit amount defined at 24 CFR 92.250 b. AHCD will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. AHCD 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. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, 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 AHCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that AHCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 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 USC 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 Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD 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 for 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 AHCD 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 Sand Hills Urban Development 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 AHCD to monitor and assess progress in connection with the performance of this agreement. Commission Meeting Agenda 7/17/2019 2:00 PM HCD_Sand Hills Urban Development HOME Funding Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD’s) request to provide funding to Sand Hills Urban Development for the development of three (3) single family affordable housing units for low to moderate income families. (Approved by Administrative Services Committee July 9, 2019) Background:Housing and Community Development and Sand Hills Urban Development (SHUD) have been in collaboration promoting affordable housing through a partnership where in SHUD constructed eight (8) single family units in South Augusta. Sand Hills has requested HCD’s continual partnership in offering affordable housing by providing HOME funds for the construction of three (3) additional units. SHUD has acquired Capital Rise as a development partner that brings 50% of construction to all development deals. Sand Hill Urban Development is requesting: · 2565 Dover Street , Augusta, GA 30906: Total Construction Cost: $165,000. Requesting 85,000 · 2525 Dover Street , Augusta GA 30906: Total Construction Cost: $165,000. Requesting $85,000 · 4321 Creek View Drive, Hephzibah, GA 30815: Total Construction Cost: $190,000. Requesting $95,000 The funding request is to assist with the cost associated with the construction of single family units. Analysis:The approval of funding will allow SHUD to construct three (3) single-family units which will be sold to eligible low - moderate income homebuyers. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from Housing and Urban Development in the amount of $ $265,000.00 to assist in construction cost of three (3) single family units. Alternatives:Do not approve the funding to Sand Hills Urban Development. Recommendation:Motion to approve Housing and Community Development Department’s (HCD’s) request to provide funding to Sand Hills Urban Development for the development of three (3) single family affordable housing units for low to moderate income families. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: a) Home Investment Partnership Program (HOME) funds. Org key: 221073212 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Augusta University local and minority business participation Department: Department: Caption:Augusta University local and minority business participation. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Ms. Bonner: Mayor Hardie Davis, Jr. Thursday, July 1L, 201-9 8:45 AM Lena Bonner Marcus Campbell; Latisha McMillan; Commissioner Sean Frantom;Wayne Brown Agenda items Good morning. Please add the following items to the full Commission agenda for next week. 1. Discuss and adopt Commission Calendar for 2020. 2. Discuss and amend 2019 Commission Calendar. Thank you, Hardie Davis, Jr. Mayor City of Augusta Georgia Mavordavis@auq ustaoa. gov 706.821.1831 office Get Outlook for Android a rd$ult oi ths o-rnaiJ transmissiou. ti veritici.ilion is requirerJ. plearie rL,q*ei;t a irairi copy vilrsion. A.L:D.'104.'1 Commission Meeting Agenda 7/17/2019 2:00 PM Amend 2019 Commission Calendar Department: Department: Caption:Discuss and amend 2019 Commission Calendar. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Ms. Bonner: Mayor Hardie Davis, Jr. Thursday, July 1L, 201-9 8:45 AM Lena Bonner Marcus Campbell; Latisha McMillan; Commissioner Sean Frantom;Wayne Brown Agenda items Good morning. Please add the following items to the full Commission agenda for next week. 1. Discuss and adopt Commission Calendar for 2020. 2. Discuss and amend 2019 Commission Calendar. Thank you, Hardie Davis, Jr. Mayor City of Augusta Georgia Mavordavis@auq ustaoa. gov 706.821.1831 office Get Outlook for Android a rd$ult oi ths o-rnaiJ transmissiou. ti veritici.ilion is requirerJ. plearie rL,q*ei;t a irairi copy vilrsion. A.L:D.'104.'1 Commission Meeting Agenda 7/17/2019 2:00 PM Discuss and adopt Commission Calendar for 2020. Department: Department: Caption:Discuss and adopt Commission Calendar for 2020. (Requested by Mayor Hardie Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Funding Source - Suppression Firefighter Compensation for July 4, 2019 Holiday Extension through July 5, 2019 Department:Fire Department:Fire Caption:Motion to approve the Augusta Fire Department’s fund balance as the funding source of fire suppression holiday compensation for the July 4, 2019 holiday extension through July 5, 2019 for all employees that was approved by Commission at the June 27, 2019 Commission Meeting.(Approved by Public Safety Committee July 9, 2019) Background:At the June 27, 2019 Commission Meeting, the Commission approved an extension of the July 4th holiday to include July 5th for all employees and to compensate 24-hour fire suppression personnel. Nine (9) additional hours were added to all fire suppression personnel timecards on pay period ending June 28, 2019. Analysis:To ensure all employees receive compensation for the holiday extension, nine (9) additional hours of regular time was manually added to all 24-hour fire suppression timecards on pay period ending June 28, 2019. Funding for this expense was not included in the 2019 approved Fire Department budget; therefore, a funding source must be identified for the incurred salary costs. Financial Impact:The Augusta Finance Department has estimated the addition of these hours to be $87,600. Funds are available in the Augusta Fire Department fund balance. Alternatives:None Recommendation:To approve the motion to approve the Augusta Fire Department’s fund balance as the funding source of fire suppression holiday compensation for the July 4, 2019 holiday extension through July 5, 2019 for all employees that was approved by Commission at the June 27, 2019 Commission Meeting. Funds are Available in the Following Accounts: Funds in the are available in the Augusta Fire Department fund balance. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission -1- OPERATING AGREEMENT - FOOD SERVICE This OPERATING AGREEMENT (the “Agreement”) is made as of August 1, 2019 (the “Effective Date”) by and between Augusta, Georgia, a consolidated government, with offices at 535 Telfair Street, Augusta, GA 30901 (the “County”), and Aramark Correctional Services, LLC, a Delaware limited liability company, having a place of business at 2400 Market Street, Philadelphia, Pennsylvania 19103 (“Aramark”). W I T N E S S E T H: 1. GRANT: The County hereby grants to Aramark the exclusive right to provide food service (excluding vending machine operation) for the County’s inmates, staff and visitors at the Richmond County Sheriff’s Office Detention Center located at 1941 Phinizy Road, Augusta, GA 30906 (the “Facility”). Aramark hereby agrees to furnish nutritious, wholesome, and palatable food to such inmates, staff and visitors in accordance with this Agreement. The food service shall meet all current standards as established by: A. The American Correctional Association. B. The Food and Nutritional Board of the National Academy of Sciences as prescribed for inmates. C. The State of Georgia. 2. OPERATIONAL RESPONSIBILITIES: A. Facilities And Equipment: The County shall, at its expense, provide Aramark with adequate preparation kitchen, office and storage facilities at the Facility, completely equipped and ready to operate, together with such heat, refrigeration and utilities services (including telephone and internet service) as may be reasonably required for the efficient performance of the Agreement. The County shall furnish building maintenance services for the Facility and shall provide preventive maintenance and equipment repairs and replacements for the County-owned equipment. The County shall furnish and maintain an adequate inventory of serviceware, thermal tray and delivery equipment, pots, pans, beverage containers and utensils at the Facility. Should the County fail to provide the equipment, repair, maintenance and replacement services or supplies described in this Section, after notice from Aramark to do so, Aramark may, in its discretion and at its option, choose to provide, and bill the County for, such equipment, repair, maintenance and replacement services or supplies. In that event, the County shall pay for such equipment, repair, maintenance and replacement services or supplies at the prices billed by Aramark. Such prices shall be competitive with the cost of obtaining such products or services from an independent source in the open market. -2- B. Emergency Plan: Aramark shall submit a contingency emergency plan to provide for meal service in the event of a Force Majeure (hereinafter defined) within 60 days after the commencement of operations. In the event of a Force Majeure, the County shall assist Aramark by permitting reasonable variations in Aramark’s menu cycle and service methods. However, Aramark shall not be relieved of its responsibility to provide meal service under the terms of this Agreement. Additional costs, if any, incurred in providing service in the event of a Force Majeure shall be borne by the County. The term “Force Majeure” means any war, riot or other disorder, strike or other work stoppage, act of terrorism, fire, flood, or any other act not within the control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. C. Meal Delivery: Facility personnel shall receive meals at the County kitchen, shall transport such meals to appropriate areas, and shall return all trays and delivery equipment to Aramark at the County kitchen, in a timely manner. D. Food Products And Cleaning Supplies: Aramark shall purchase and pay for all food products and kitchen cleaning supplies. Products purchased for use in the food service operation shall be the property of Aramark. The County shall be responsible for providing maintenance supplies and for maintaining kitchen appliances and equipment at the County’s expense. Aramark shall purchase all food products from USDA inspected plants that are approved as strictly complying with food safety standards. All food products purchased have a manufacturer’s and distributor’s assurance of safe handling. Food products are reviewed and approved by Aramark’s registered dietitians to ensure that the food products meet inmate acceptability and nutritional standards. E. Portion Size Requirements: All entrée portions listed on the menu that are purchased fully cooked, within the manufacturer’s tolerance specifications, are based on weight measurements prior to reheating. Casserole portions and entrée portions made from scratch are based upon weight measurements after the food has been cooked according to standardized recipes. F. Menu: The menu served at the Facility may be modified in any way by mutual agreement of the parties. G. Sanitation: Aramark shall be responsible for daily cleaning and housekeeping in the food preparation, service, receiving and storage areas, and shall, on a continuing basis, maintain high standards for sanitation. The County shall provide janitorial services outside the kitchen facilities provided to Aramark. The County shall clean the vents and ductwork leading to the roof from food preparation areas. The County shall be responsible for extermination services and the removal of trash and garbage from the designated food service area. -3- H. Personnel: Aramark shall provide on-site management and supervisory personnel, and from its regional and headquarters locations, administrative, dietetic, purchasing, equipment consulting and personnel advice and supervision. The County shall provide inmate workers at the Facility kitchen. The number of inmates required shall be determined by the County liaison and Aramark’s district manager prior to the commencement of operations. Such inmates shall be assigned duties in the food service operation that may include sanitation, food preparation and production, and storeroom functions. The County acknowledges that Aramark has invested considerable amounts of time and money in training its management and supervisory employees in systems, procedures, methods, forms, reports, formulas, computer programs, recipes, menus, plans, techniques and other valuable information which is proprietary and unique to Aramark’s manner of conducting its business and that such information is available, on a confidential basis, to Aramark’s management and supervisory employees. Therefore, the County agrees that management and supervisory employees of Aramark shall neither be hired by the County for the term of this Agreement and twelve (12) months thereafter, nor shall the County permit management and supervisory employees of Aramark to be employed on the County’s premises for a period of twelve (12) months subsequent to the termination of this Agreement (unless such employees were formerly employees of the County). For the purpose of this prohibition, “management and supervisory employees” shall be defined as those persons who have directly or indirectly performed management or professional services on the County’s premises at any time during the twelve (12) month period immediately preceding termination of this Agreement. In addition, the County agrees that if it violates the conditions set forth in the immediately preceding paragraph, then the County shall pay to Aramark, and Aramark shall accept as liquidated damages and not as a penalty for such breach, an amount equal to two times the annual salary of each Aramark management or supervisory employee hired by the County or allowed to work on the County’s premises in violation of the terms of this Agreement. The County retains the right to thoroughly investigate any current or prospective employees assigned to the Facility, subject to applicable Federal, state and local laws and regulations, including but not limited to, the Federal Polygraph Protection Act, as amended. If Aramark incurs any costs, including legal fees, retroactive wages and damages, as a result of any personnel action taken by the County or by Aramark at the direction of the County, which Aramark would not have taken but for the County’s direction, the County shall reimburse Aramark for such costs. I. Equal Employment Opportunity: Aramark and the County mutually agree that they shall not discriminate against any employee or applicant for employment or on any matter directly or indirectly related to employment, because of race, color, religion, sex, sexual orientation, national origin, physical or mental handicap where not relevant to the job, height, weight, age, marital status, or other criteria made illegal by state or federal law or the County policy. In addition, Aramark agrees to take affirmative steps to ensure that applicants are employed, and that employees are treated, during employment, without regard to the criteria listed above. -4- J. Insurance: Aramark shall provide and maintain the following insurance coverage: Worker’s Compensation insurance as required by law. Comprehensive General (Public) Liability to include (but not be limited to) the following: Premises/operation; independent contractors; bodily injury; products/completed operation; contractual liability with a combined single limit for bodily injury and property damage of $1,000,000.00 per occurrence. Aramark may satisfy these requirements through a combination of primary and excess coverage. The County and Aramark waive any and all right of recovery from each other for property damage or loss of use thereof, howsoever occurring. This waiver shall include, but not be limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler leakage. This waiver shall not apply to claims for personal injury or death. Any insurance coverage (additional insured or otherwise) that Aramark provides for the County, its officers, employees, agents and servants shall only cover liability assumed by Aramark in this Agreement; such insurance coverage shall not cover liability in connection with or arising out of the wrongful or negligent acts or omissions of the County or its officers, employees, agents and servants. K. Hazardous Substances; Pre-Existing Conditions. Aramark has no duty to investigate, detect, prevent, handle, encapsulate, remove, or dispose of, and will have no responsibility to the County or others for any exposure of persons or property to, asbestos, lead, fuel storage tanks or contents, indoor air pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste substances, mold, fungi, mildew, pollutants, or contaminants (collectively, the “Hazardous Substances”) at the Facility or the surrounding premises. The County will comply with all applicable federal, state, and local laws and regulations, which have been or will be enacted during the term of this Agreement, regarding such Hazardous Substances on the County’s premises. The County will inform Aramark of the presence of such Hazardous Substances and acknowledges that Aramark employees will not be required to work in any location where they could be exposed to such Hazardous Substances. Aramark has advised the County that it does not provide or assume any responsibility to monitor or remediate mold, fungi, mildew, indoor air quality or any similar conditions, and that all determinations and corrective actions regarding mold, fungi, mildew, indoor air quality and any similar conditions shall be made by the County or a third party retained by the County. In no case will any Aramark employee act in the capacity of a “Designated Person” (within the meaning of the Asbestos Hazard Emergency Response Act, “AHERA”), which duties remain solely with the County. Aramark will not be responsible for any conditions that existed in, on, or upon the Facility before the commencement date of this Agreement (“Pre-Existing Conditions”), including, without limitation, environmental impairments, and other conditions. -5- L. Indemnification: Aramark agrees to indemnify, defend and hold harmless the County from and against any and all losses, injuries, demands, expenses, or reasonable attorney’s fees, arising out of or resulting from claims or actions for bodily injury, death, sickness, property damage, or other injury or damage if caused by the negligent act or omission of Aramark. M. Damages: Aramark’s liability hereunder shall not under any circumstances exceed the greater of (a) two (2) percent of the net revenue received by Aramark pursuant to this Agreement during the twelve (12) months prior to the applicable claim or (b) the actual proceeds of insurance (not to exceed the maximum limits of insurance required by Section 2.J.), less any applicable deductible. In no event will either party be liable to the other party for any loss of business, business interruption, consequential, special, indirect or punitive damages. N. Compliance With Laws: Each party hereto shall comply with all statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to their activities hereunder. The County shall provide reasonable and adequate physical security at all times for Aramark employees, suppliers, management and other authorized visitors. O. License, Fees, Permits, And Taxes: Aramark shall secure and pay for all federal, state and local licenses, permits and fees required for the food service operation. The County represents and warrants that it is a tax-exempt entity and, further, agrees to provide evidence of its tax-exempt status to Aramark upon request. The County further agrees to notify Aramark promptly in the event of a change in its tax-exempt status. In the event that a determination is made by a government authority that any sales, purchases, payments or use of property made to or by Aramark under this Agreement, either in whole or in part, is subject to any sales, use, gross receipts, property or any similar tax which tax was not contemplated by the parties at the commencement of operations hereunder, the full amount of any such tax liability, together with any interest paid by Aramark, shall be invoiced by Aramark and shall be reimbursed by the County, notwithstanding the fact that this Agreement may have expired or been terminated for any reason by either party prior to the date of such determination. 3. FINANCIAL AND ACCOUNTING ARRANGEMENTS: A. Meal Service and Prices: Aramark shall provide meals to the County’s inmates, staff and visitors at the per meal prices set forth in Attachment A. Aramark will provide, at no additional cost, a lacto-ovo vegetarian and/or vegan diet for all religious requests from the administrative or religious authority. Other religious meals requested by the administration or religious authority, such as prepackaged meals, shall be provided at a price to be mutually agreed in advance. The County shall notify Aramark of the actual number of meals ordered each day at a mutually agreed upon time prior to meal service, and the County shall make additions or deletions to such order within a mutually agreed upon time prior to meal service. When the initial notice of meals ordered is not given timely, Aramark shall prepare and will be paid for the same number of meals as prepared for the previous day. -6- B. Price Adjustments: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date and ending on December 31, 2019. Per meal prices for each subsequent 12-month period shall be increased on each anniversary of the Effective Date by an amount to be mutually agreed upon and set forth in an amendment to this Agreement in the form attached hereto as Attachment B; provided, however, that in the event no agreement is reached with respect to such increase, per meal prices shall be increased as further set forth below by the greater of the (a) yearly percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index (“CPI-FAH”), published by the U.S. Department of Labor and (b) the yearly percentage change in the Market Basket of Products (as defined below) which approximate the products served at the facilities covered by this Agreement (the “Client Menu”). The period for determining CPI-FAH and Market Basket of Products increases shall be July of the immediately preceding year to July of the then-current year (the “Base Period”). As set forth on the sample client statement attached as Attachment C, a copy of which shall be provided prior to implementing any price adjustments pursuant to this section, the “Market Basket of Products” represents categories or types of products that are generally used in the Client Menu. Such products are classified into the following six categories of food items (each, a “Menu Category”): beverage (composed of juice and non-alcoholic drinks other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the “Category Weighting”) representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics (“BLS”) category compiled by the U.S. Department of Labor and published at www.bls.gov for the Base Period, and the results of each such calculation will be added together to arrive at the overall percentage change which will represent the Market Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S. City Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U.S. City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on such a modification, Aramark shall have the right to terminate the Agreement upon 90 days’ prior written notice. The Market Basket of Products is designed to approximate price adjustments with product cost increases at the facility or facilities covered by this Agreement. The Market Basket of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories attempt to approximate the products served at the facility or facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS categories listed above. Please refer to Attachment C for an example of the Market Basket of Products calculation. -7- C. Additional Services: Food, beverage and other services required or desired by the Facility outside the scope of this Agreement (including Fresh Favorites) shall be provided by Aramark upon written authorization by the County and/or Sheriff at mutually agreed upon prices for such services. D. Initial Four-Week Payment: Prior to the commencement of operations hereunder, Aramark shall submit to the County an invoice for an amount equal to the estimate of Aramark’s total meal billings for one (1) four-week accounting period (the “Initial Payment”). Prior to each anniversary of the commencement of operations hereunder, Aramark shall submit to the County an invoice in an amount equal to the increase, if any, or a credit memo for the decrease, if any, in such Initial Payment from the amount previously billed. The foregoing payments shall be retained by Aramark and credited to the County at the time of the last billing made by Aramark to the County at the termination of this Agreement. E. Billing: Aramark shall submit to the County on the first day of every week, for the preceding week an invoice for inmate/staff meals ordered or served, whichever is greater, and other goods or services provided by Aramark, if any. The invoice shall reflect the preceding week’s food services detailing the greater of the number of meals served or ordered on a daily basis as follows: 1. Adult inmate meals 2. Staff/visitor meals 3. Any additional food, beverage or other services, as required Aramark shall provide the County with a comprehensive monthly summary of meals, services and credits. This summary shall be forwarded to the County Administrator or his designee each month. F. Manner Of Payment: Payment shall be made by check payable to Aramark Correctional Services, LLC within thirty (30) days after the invoice date. Such payment shall be sent to the address listed in the invoice. Payments only shall be sent to this address, all other correspondence shall be sent to the address set forth in Section 9 hereof. If any invoices are not paid within thirty (30) days of the invoice date, interest shall be charged on each invoice at One Hundred Twenty-Five Percent (125%) of the Prime Interest Rate per annum on the unpaid balance (or in the event local law prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted), computed from the invoice date until the date paid. The term “Prime Interest Rate” shall mean the interest rate published in The Wall Street Journal as the base rate on corporate loans posted by at least Seventy-Five Percent (75%) of the thirty (30) largest U.S. commercial banks, such rate to be adjusted on the last day of each Aramark accounting period. -8- The right of Aramark to charge interest for late payment shall not be construed as a waiver of Aramark’s right to receive payment of invoices within thirty (30) days of the invoice date. In the event that Aramark incurs legal expense in enforcing its right to receive timely payment of invoices, the County agrees to pay reasonable attorney’s fees and other costs. 4. MATERIAL ADVERSE CHANGE: The financial arrangements in this Agreement are based on conditions existing as of the Effective Date including any representations regarding existing and future conditions made by County in connection with the negotiation and execution of this Agreement. If such conditions change due to causes beyond Aramark’s control, including, but not limited to, a change in the scope of Aramark’s services; menu changes; a decrease in the Facility’s inmate population or the availability of inmate labor; efforts to organize labor; increases in food, fuel, equipment, utilities, supply, and labor costs; Federal, State and local sales, and other taxes and other operation costs; a change in Federal, State and local standards, requirements recommendations, and regulations including any applicable Child Nutrition Programs; or other unforeseen external market conditions outside Aramark’s control, then Aramark shall give County written notice of such increase or change, and within thirty (30) calendar days after such notice, Aramark and County shall mutually agree upon modification(s) to offset the impact of the increase or change, which modifications may include any or a combination of the following: an adjustment to Aramark’s price per meal, modifications to the menu, or modifications to Aramark’s scope of services. 5. ACCESS AND RECORDS: Aramark will maintain accurate books and records in connection with the food service operation and shall retain such records for thirty-six (36) months after the close of the federal fiscal year (October 1, through September 30). 6. TERM OF AGREEMENT: The initial term of this Agreement shall commence on August 1, 2019, and shall continue through December 31, 2019. By mutual agreement, this Agreement may be renewed for three (3) additional one year periods. Thereafter, the County and Aramark may extend this Agreement for additional periods of twelve (12) months each, provided that the services to be provided, and the prices thereof, for the extension period, have been mutually agreed upon by the County and Aramark. 7. TERMINATION: A. Termination For Convenience: Either party may terminate this Agreement for convenience, at any time during the term or any renewal or extension, upon ninety (90) days notice to the other party. B. Termination For Default: Either party may terminate this Agreement upon a breach or default of this Agreement by the other party, which is not cured within thirty (30) days after receipt by the defaulting party of a notice from the non-defaulting party, specifying the nature of such breach or default. -9- C. Consequences Of Termination: If this Agreement is terminated under any circumstances, the County shall pay Aramark for all inmate and staff meals, and other services, provided by Aramark to and including the date of termination, at the prices and within the payment periods set forth in this Agreement. The County’s obligation to pay for meals and services provided shall survive the termination or expiration of this Agreement. Upon the expiration or any termination of this Agreement, the County agrees, if requested by Aramark, to purchase Aramark’s usable inventory of food and supplies. The purchase price for such inventory shall be Aramark’s invoice cost. 8. NOTICE: All notices or other communication hereunder shall be deemed to be duly given when made in writing and delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested and addressed to the party at its respective address first set forth above, or such other address as it may designate, by notice given as aforesaid. 9. CONFLICTS OF INTEREST: Aramark covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with performance of this Agreement and no person having any such interest shall be employed. In addition, no officer, agent or employee of the County and no member of its governing body shall participate in any decision relating to this Agreement which affects his/her personal interest or any corporation, partnership, association which he/she is directly or indirectly interested or has any personal or pecuniary interest. 10. CONFIDENTIAL INFORMATION: All financial, statistical, operating and personnel materials and information, including, but not limited to, software, technical manuals, recipes, menus and meal plans, policy and procedure manuals and computer programs relative to or utilized in Aramark’s business (collectively, the “Aramark Proprietary Information”) are and shall remain confidential and the sole property of Aramark and constitute trade secrets of Aramark. The County shall keep all Aramark Proprietary Information confidential and shall use the Aramark Proprietary Information only for the purpose of fulfilling the terms of this Agreement. The County shall not photocopy or otherwise duplicate any materials containing any Aramark Proprietary Information without the prior written consent of Aramark. Upon the expiration or any termination of this Agreement, all materials containing any Aramark Proprietary Information shall be returned to Aramark. 11. ASSIGNMENT: Aramark may not assign this Agreement without the County’s prior written consent (not to be unreasonably withheld, conditioned or delayed), except that Aramark may assign this Agreement, in its sole discretion, to any of its affiliates without any consent being required. The term “affiliate” means any corporation, limited liability company or any other person controlling, controlled by or under common control with, Aramark. 12. PRESS RELATIONS: Aramark shall coordinate with the County Sheriff or Facility Administrator on any and all press or media releases. -10- 13. PUBLICITY RIGHTS: Neither Aramark nor County shall disclose the terms of this Agreement to any other person or entity outside its organization other than as required by law. Neither County nor Aramark and its Affiliates shall, without the other Party’s consent, use the other Party’s name, logo, trademark or otherwise refer to or identify the other Party in any publicity matters relating to the Services. Notwithstanding the foregoing, both Parties and their respective Affiliates may, without prior consent of the other Party, use that Party’s name or logo and the existence of this Agreement in connection with earnings calls or similar matters with their respective investors or analysts as well as communications to prospective clients (if applicable) and for use in such Party’s marketing materials. 14. ENTIRE AGREEMENT: This Agreement represents the entire agreement and understanding between the County and Aramark and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and Aramark. 15. SEVERABILITY: If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 16. WAIVER: The failure of Aramark or the County to exercise any right or remedy available under this Agreement upon the other party’s breach of the terms, covenants and conditions of this Agreement or the failure to demand the prompt performance of any obligation under this Agreement shall not be deemed a waiver of such right or remedy; or the requirement of punctual performance; or of any subsequent breach or default on the part of the other party. 17. COUNTERPARTS; PDF AND FACSIMILE SIGNATURES. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one, and the same, document. Signatures of the Parties may be exchanged by pdf or facsimile, and such pdf or facsimile signature pages shall be deemed originals in all respects. It shall not be necessary in making proof of this Agreement or any counterpart to produce or account for any of the other counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. [NO FURTHER TEXT ON THIS PAGE; SIGNATURES FOLLOW] -11- Aramark Correctional Services, LLC Augusta, Georgia State of Georgia By: Mark R. Adams Vice President, Finance By: Hardie Davis, Jr. Mayor 550477.3 Attachment A Augusta, Georgia Effective August 1, 2019 through December 31, 2019 Type of Meal Price per Meal* Inmate Meals $1.085 Therapeutic Meals $1.085 Staff/Vendor/Visitor Meals $4.00** *The price each meal is based on the County’s 28 day Cycle Menu **The County is responsible for (1) collection of staff contribution of $2 per Staff Meal, and (2) payment to Aramark for any Staff Meals in full. For the avoidance of doubt, any failure to collect such staff contribution will not relieve the County of payment obligations identified herein. 550477.3 FORM OF AMENDMENT FOR IMPLEMENTING MARKET BASKET INCREASES Attachment B Amendment No. __ to Operating Agreement THIS AMENDMENT NO. __ (the “Amendment”), is entered into this_____ day of ___________, 20__ by and between ____________________, with offices at ____________________ (“__________”), and Aramark Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at the Aramark Tower, 1101 Market Street, Philadelphia PA 19107 (“Aramark”). WHEREAS, _________ and Aramark entered into an ___________ dated _____________ for the management of the food service operation at _____________ (as amended, the “Agreement”); WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and WHEREAS, the parties desire to amend the provisions of the Agreement as follows, effective _____________. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement. 1. Price Adjustment: In accordance with [Paragraph __ of Amendment No. __ to the Agreement][Paragraph __ of the Agreement], the parties agree that the price per meal charged to __________ by Aramark shall be changed as set forth on Attachment A as a result of [changes in the Consumer Price Index][changes in the Market Basket of Products][mutual agreement of the parties]. This price shall be effective from ____________, 20__ through ____________, 20__. , and shall supersede in all respects the price per meal set forth in Paragraph [__] of the Agreement or in any other prior agreements between the parties. 2. Release: The methodology used to determine the price increase above, including the Category Weighting percentages ascribed to each Menu Category, has been reviewed and accepted by the parties. By their execution of this Amendment, each party hereby waives and releases any and all claims it may have based upon or arising out of any such methodology (including the elements thereof) used to calculate the price per meal as set forth in this Amendment, and further agrees not to bring any action, suit or proceeding challenging such methodology or calculation. 3. Except as specifically set forth herein, all other terms and provisions of the Agreement shall remain unaffected by this Amendment and continue in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. __ to be signed by their duly authorized representatives the day and year first written above. Aramark Correctional Services, LLC [___________________________] By: _________________________ By: _________________________ David Kimmel Vice President Finance 550477.3 Attachment C Sample Client Statement - Market Basket of Products Calculation XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 CATEGORY Menu Weighting Current Month Category CPI % Weighted CPI % Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% -5.00% -0.63% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0.17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 3.54% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.76% XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 CATEGORY Menu Weighting Current Month Category CPI % Weighted CPI % Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% 6.00% 0.75% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0.17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 4.92% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.92% Notes  * This category includes all menu items that are not otherwise included in another Menu Category. ARAMARK applies the BLS CPI Food index to the “Grocery” Menu Category for the calculation. The “Food” index encompasses the items in all Menu Categories in addition to food items not used at the facility or facilities covered by this Agreement. Request for Proposal Request for Proposals will be received at this office until Thursday, April 4, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-199 Inmate Food Services for Augusta, GA – Sheriff’s Office RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Mandatory Pre Proposal/Telephone Conference will be held on Tuesday, March 19, 2019, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable to “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, March 21, 2019 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 120 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 21, 28, March 7, 14, 2019 Metro Courier February 21, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 (Electronic) Copies Fee Proposal TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 YES 1213595 YES YES YES YES YES SUMMIT 500 E. 52ND STREET NORTH SIOUX FALLS, SD 57104 YES 973392 YES YES YES YES YES ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 YES 350685 YES YES YES YES YES KELLWELL P.O. BOX Z BEATTYVILLE, KY 41311 TRINITY/KEEFE 1371 TRADEPOINT DR JACKSONVILLE, GL 32218 RFP Item #19-199 Inmate Food Services for Augusta, Georgia - Sheriff's Office RFP Date: Friday, April 5, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): 60 Total Electronic Notifications (Demandstar): 1 Georgia Procurement Registry: 487 Mandatory Pre-Proposal/Telephone Conference Attendees: 5 Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 19-199 OFFICIAL TAB TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 SUMMIT 500 E. 52ND STREET NORTH SIOUX FALLS, SD 57104 ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 SUMMIT 500 E. 52ND STREET NORTH SIOUX FALLS, SD 57104 ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)15 4 5 5 60 75 75 3. Organization & Approach (0-5)15 2.5 5 4.5 37.5 75 67.5 4.Scope of Services Quality Assurance of food to be supplied as reference in the specifications. b. Management Services team ability to provides the quality and quantity of food. c. Management ability to provide supervision of vendors and properly communicates with the commanding officer. (0-5)25 2 5 5 50 125 125 5. Schedule of Work (0-5)5 2.5 4.5 4.5 12.5 22.5 22.5 6. References (0-5)5 2.5 5 4.5 12.5 25 22.5 Within Richmond County 5 10 0 0 0 Within CSRA 5 6 0 0 0 Within Georgia 5 4 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 10 0 0  All Others 5 1 5 5 0 5 5 13.5 24.5 23.5 182.5 327.5 317.5 8. Presentation by Team (0-5)10 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 Lowest Fees 5 10 5 0 0 50 Second 5 6 5 0 30 0 Third 5 4 0 0 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 0 5 5 0 30 50 13.5 29.5 28.5 182.5 357.5 367.5 Procurement DepartmentRepresentative:______Nancy Williams______________________________________ Procurement Department Completion Date: 4/24/19 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 4/24/19 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Phase 1 RFP Item #19-199 Inmate Food Services for Augusta, Georgia - Sheriff's Office Evaluation Meeting: Thursday, March 18, 2019 @ 1:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores Commission Meeting Agenda 7/17/2019 2:00 PM Motion to approve the Inmate Food Services Contract for the Richmond County Sheriff’s Office Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve and award the Inmate Food Services for the Richmond County Sheriff's Office to Aramark Correctional Servicesfor the effective date of August 1, 2019. RFP 19-199 (Approved by Administrative Services Committee July 9, 2019) Background:Since pre-consolidation, the Richmond County Jail has provided a food service provider for inmates. In January 2012, the Richmond County Sheriff’s Office entered into a contract agreement with Trinity Food Services. Since 2012, the Sheriff’s Office has experience changes in inmate population and cost increases. On March 18, 2019, the evaluation team rated the qualified vendors that submitted proposals and discussions included, inmate food services cost per day, staffing and benefits, and litigation. In conclusion, Aramark was ranked as the most qualified vendor. Analysis:The annual operating budget of the Richmond County Sheriff's Office includes funding for the inmate Food Services Contract each year. The City of Augusta Legal team will negotiate with Aramark for the month of July as an emergency procurement. Financial Impact:The Inmate Food Services agreement prices are stated in the contract. The per meal prices for each subsequent 12-month period shall be increased on each anniversary of the effective date by an amount to be mutually agreed upon and set for in an amendment. The County is responsible for 1 collection of staff contribution of $2.00 per staff meal, and 2 payments to Aramark for any Staff in full. Inmate meals $1.085 per meal Therapeutic Meals $1.085 per meal Staff/Vendor/Visitor Meals $4.00 per meal Alternatives:None Recommendation:The Richmond County Sheriff's Office recommends that the Food Services contract be award to Aramark for the initial cost of $697,328.72 for August 1, 2019- December 31, 2019 (invoices) and July transition invoice. Funds are Available in the Following Accounts: Funding is available in account 273032511-5317110 for the 2019 budget. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission MEMORANDUM OF UNDERSTANDING by and between AUGUSTA, GEORGIA and GOLD CROSS EMS 1. Parties. This Memorandum of Understanding (hereinafter referred to as “MOU”) is made and entered into by and between Augusta, Georgia (hereinafter referred to as “Augusta”), a political subdivision of the State of Georgia, and Gold Cross EMS, Inc. (hereinafter referred to as “Gold Cross”), a Georgia Corporation. 2. Purpose. The purpose of this MOU is to establish the broad framework under which Augusta is willing to provide Gold Cross with subsidy for the provision of emergency ambulance services in Richmond County, Georgia as the designated zone provider for Richmond County, Georgia. 3. Term of MOU. This MOU is effective August 1, 2019 and shall remain in full force and effect for a period of forty-one (41) months (through December 31, 2022), or upon/until termination, whichever occurs first. This MOU may be renewed for two (2) one-year periods with the mutual written consent of both parties. 4. Termination. Either party may terminate this MOU by giving the other party thirty (30) day notice of its intent to terminate. This MOU shall automatically terminate in the event Gold Cross is no longer the designated zone provider for Richmond County, Georgia or if the Augusta, Georgia Commission does not allocate funding for the MOU in the annual budget. 5. Notices. All notices, requests, or other communications hereunder shall be in writing and either transmitted via overnight courier, hand-delivery, or certified or registered mail, postage prepaid and return receipt requested to the parties at the addresses below. Notices will be deemed to have been given when received. TO GOLD CROSS TO AUGUSTA Gold Cross EMS, Inc. Augusta, GA Consolidated Gov’t 4328 Wheeler Road 535 Telfair Street, Suite 900 Martinez, GA 30907 Augusta, GA 30901 Attn: Chief Executive Officer Attn: Administrator 6. Subsidy. Gold Cross is eligible for an annual subsidy in the following amounts: 2019 - $400,000 (pro-rated); 2020 - $600,000; 2021 - $650,000; and 2022 - $650,000. The subsidy amount shall remain at $650,000 for any renewal periods. Subsidy shall be paid in equal monthly installments. Subsidy is not transferable or assignable. 7. Responsibilities of Augusta. Augusta shall: a. Augusta shall provide a subsidy to Gold Cross in the manner and amount set forth in Paragraph 6 hereinabove. b. provide three (3) ambulances dedicated to emergency calls in Richmond County, twenty-four hours a day, seven day a week; c. staff each ambulance with at least an Advanced EMT, Paramedic preferred; d. have the Augusta, Georgia Commission set the billing rates for ambulance services, as amended from time-to-time; e. stage the ambulances at the following locations: Fire Station 9, Fire Station 13, and Fire Station 18; and f. conduct an annual review of the billing rates based on market conditions and ensure that the rates will not decrease below the billing rates approved by the Augusta, Georgia Commission on February 5, 2019 rates, without the approval of both parties. 8. Responsibilities of Gold Cross. Gold Cross shall: a. provide eight (8) ambulances dedicated to emergency medical calls in Richmond County, twenty-four hours a day, seven day a week; b. staff each ambulance with at least an Advanced EMT, Paramedic preferred; c. bill at the rates set by the Augusta, GA Commission, as amended from time-to-time; d. dispatch the closest ambulance, including the Augusta Fire Department’s three (3) ambulances; g. stage the ambulances at the following locations: 2512 Wrightsboro Road, 2323 Washington Road, 900 Baker Avenue, Tenth Street & Walker, 2802 Regency Boulevard, and the Hephzibah Fire Station. 9. General Provisions. a. Amendments. Either party may request changes to this MOU. Any changes, modification, revisions, or amendments to the MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and become effective when approved by the Augusta, Georgia Commission. b. Applicable Law. The construction, interpretation, and enforcement of this MOU shall be governed by the laws of the State of Georgia. The Superior Court of Richmond County shall have jurisdiction over any action arising out of this MOU and over the parties, and the venue shall be Augusta, Georgia. c. Entirety of Agreement. This MOU represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. e. Signatures. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. Gold Cross EMS, Inc. ___________________________________ Vince Brogdon, CEO Dated: _____________________________ Augusta, Georgia ___________________________________ Hardie Davis, Jr., Mayor Dated: _____________________________ Attest: ___________________________________ Lena Bonner, Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM MOU between Augusta, GA- Gold Cross Department: Department: Caption:Discuss Memorandum of Understanding (MOU) between Augusta, GA and Gold Cross for ambulance service in Richmond County (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 6n7 n0D 2:00 PM Vendor Award RFP 19-l9l Janitorial Services for Augusta Fire Department Admin Office Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Fire Fire Motion to approve the award of RFP l9-l9l Janitorial Services for Augusta Fire Department Administration Office to Immaculate Facilities Group, LLC and to authorize the Mayor to execute the appropriate documents. The Augusta Fire Department, through the Augusta Procurement Department RFP process, requested proposals janitorial services for the Administrative Office. This is a three-year contract with the option to extend services for an additional two years Augusta Fire Department recommends the award of RFP 19-191 Janitorial Services for the Augusta Fire Department Administration Office to Immaculate Facilities. After careful review and scoring of the proposal submitted to the Procurement Department in response to RFP l9-l9l,Immaculate Facilities received the highest overall score. This is a three-year contract with the option to extend services for an additional two years. The annual fee for this service will be $20.780.28 with a cumulative three-year total of 62,340.84. None To approve the award of RFP l9-l9l Janitorial Services for Augusta Fire Department Administration Office to Immaculate Facilities Group, LLC and to authorize the Mayor to execute the appropriate documents. Funds are available in the Fire Department's 2019 Operatior0{ver Memo budget for custodial services. 274034110 - 5222310 t Finance. Law. Administrator. Clerk of Commission Cover Memo Request for Proposals will be received at this office untilTuesday, April 16, 2019 @ 10:00 a.m. for furnishings for: RFP ltem f19-191 Janitorial Services - Augusta, GA Flre Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street - Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Conference will be held on Friday, March 22, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. Mandatory Site Vislt will follow. All questions must be submitted in writing by fax to 706 82L-281L or by email to procbidandcontract@aueustaea.gov to the office of the Procurement DePartment by Tuesday, March 26, 2019 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposols (RFP) ond specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 705-82 l-281L or Email: procbidandcontract@augustaga.sov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier February 28, March 7,74,21,20L9 February 28,2019 f33P 9d l e e E * a i , a E T a3 5r6 g tt a t I3 6B E 2IicI g 2 sI:ta3!I 1 E t a ! oI t 3oI EIa I 3 tPiE6ila*ti i*E!-P * ,9t Ett 3;lE;f a arg i3 cE ;Ei iEi HE; I t9 E iE;Eli I rlil iEEEB!:> I5;E il i i;aH iE.E-i fi :ErqEttt:e!E IE; /; A Ctrlrtopher E. Jemcq Flre CLld/EMADlrector TO:Geri Sams, Procurement Dlrector Christopher E. James, Flre Chief May 9,2019 RFP-19-191 Janitoria I Services for Flre Adminlstration Recommendatlon MEMO FROM: DATE: RE: I would like to recommend lmmaculate Facilities Group as the vendor to provlde Janltorial services to the Augusta Fire Department. After careful review and scoring of all proposals submitted for RFP 19'191 Janltorial Services Fire Administratlon, lmmaculate Facilities Group scored the highest overall. At this time we would like permission to enter lnto contract negotiatlons so that we may obtain Admlnistrator approval and begin using their services as soon as possible. Please proceed with the vendor notification. lf you have questions or requlre further information, do not hesltate to contact me at 706r&z3-tilO or 7OG821,2933. Fire Deprrtment/Dmergency Maugcmmt Agelcy 3l 17 Deans Bridge Road, Augu*a GA 3@06 (7W) 821-ZW9 - Phone (706) 821-2907-Fax WWW.AUGUSTAGA.GOV FYI: Process Regarding Request for proposals Sec. l-10-51. Request for proposals. Request for proposals shall be handled in the same manner as described above for solicitation and awarding of contracts for with the following exceptions: the bid process as goods or services (a) Only the names of the vendors making offers shall be disclosed at theproposal opening. (b) Content of the proposals submitted by competing persons shall not bedisclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offleror. (e) Discussions may be conducted with responsible persons submitting aproposal determined to have a reasonable chance of being selected for theaward. These discussions may be held for the purpose if clarification toassure a fulI understanding of the solicitation requirement andresponsiveness thereto. (0 Revisions may be permitted after submissions and prior to award for thepurpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, thereshall be no disclosure of any information derived from tnl oiher persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. The competitive sealed proposals method may beutilized when the Augusta, Georgia Administrator approves the writtenjustification of the Procurement Director or using ugin.y head that the sealed bid method is not in the best interest of Augustu, Georgia. Generally,this method may be used when competitive sealed bidding Jin.rrotving ttrepreparation of detailed and specific specifications) is eithei not practicable or not advantageous to Augusta, Georgia. Augusta, Georgia is not restrictedfrom using alternative procurement methods for obtaining ttre best value onany procurernent, such as Construction Management at Risk, Design/Build, etc.(b) Request for proposals. Competitive sealed proposals shall be solicitedthrough a request for proposals (RFp). Page 1 of3 (c) (d) Public notice. Adequate public notice of the request for proposals shall begiven in the same manner as provided in section l-10- s0(cj@ublic Notice and Bidder's List); provided the normal period of time betrveen notice and receipt of proposals minimally shall be fifteen (15) calendar days. Pre-proposal conference. A pre-proposal conference may be scheduled atleast five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section l-10-50(c)jprbHc Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (0 Public inspection The responses will be open for public inspection only after contract award. Proprietary or confidential information marked u, ,r.i, in each proposal will not be disclosed without written consent of the offeror, (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in thecontext of proposal evaluation and contract award. (Pricing proposals willnot be opened until the proposals have been reviewed and rankid). Such evaluation factors may include, but not be limited to: The ability, capacity, and skill of the offeror to perform the contract orprovide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, withoui delay or interference; The character, integrity, reputation, judgment, experience, andefficiency of the offeror; The quality of performance on previous contracts; compliance by the offeror with laws and (l) (3) (4) (s)The previous and Page2 of3 (h) ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to hisability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services tothe particular use required; and (8) Price. Selection comntittee- A selection committee, minimally consisting ofrepresentatives of the procurement office, the using .grnry, ,ro theAdministrator's office or his designee shall convene -for-the fiurpose ofevaluating the proposals. Pre.lintinary negotiations. Discussions with the offerors and technicalrevisions to the proposals may occur. Discussions may be conducted withthe responsible offerors who submit proposals fo. the prrpor" ofclarification and to assure fuil understanding-of, and conformancJ to, theso.licitation requirements. Offerors shall be aciorded fair unO .quui trrr.n,with respect to any opportunity for discussions and revision "f ;;;p;;ars andsuch revisions may be permitted after submission and prior to u*.J for thepulpose of obtaining best and final offers. In conducting discurrionr, thereshall be no disclosure of information derived from proposals submitted bycompeting offerors. from the date proposals are received by the Procurement Director throughthe date of contract award, no offeror shall mak e any substitutions,-deietiors, additions or other changes in the configuration or itructure of the offeror,steams or members of the offeror,s team. Final negotiations- and letting the contract. The Committee shall rank thetechnical proposals, open and consider the pricing proposars submitted byeach offeror. Award shall be made or recommended foi award through theAugusta, Georgia Administrator, to the most responsibre and ,"rfonriu.offeror whose proposar is determined to be the most advantageous toAugusta, Georgia, taking into consideration price and the evaluatio-n factorsset forth in the request for proposals. No oihq factors or criteria shall beused in the evaluation. The contract file shall contain a written ,"port of thebasis on which the award is made/recommended. The contract shall beawarded or let in accordance with the procedures set forth in this Section andthe other applicable sections of this chapter. (i) 0) (k) Page 3 of3 v11! f 3Itsrrl(0 q. -o-i- EAir3{ F;H3.6 s+ HTFfg B.ueE EgBEl,s, =3$*il rE q!sisI . ie'a' =l-, lggooE!ooF5 E L =g:GI ens;*t F, 7?^ ='Oc, -'€rcJ e\ r #D 9 q-'= GS\} $s -x- F C--'rEs-\BsF F. L'r !, z.!.E'- tti.< )ft.s.I 'Ef,l. E\ t,, \tE \*. { \\ i.l-iH =q-:- tHFrr., Es'$. ;. )/ h fr b.\\.\, u\s a)t;r\ErYr =.\nN\ z H (> C-ts-Pp1 =$5Q - rJnpS='n1trs,)(, (^qf,n4-\r\ FF ^)-Ir .1\s h\+;\'F\D\C..6 {53s *1-9.a aa \ ':,.\g\B 1. 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II ./a fl =Ft( I ;\ :e '/ G>o,* d qaK'c)7 =tr { o'l) z =E F 3D tr I li (1r \.)tt\I r.1 (t c/ A.t Y I, F( l, If :.D\.G\:1.n-Lln ,i ulo;^jsJ L#?rtan 7!F, ql A t^ { t/)(t d $r i" oo3t z 5FIrtl at rflHEo-1F o!'.t Bfl Is!f,o >ur('Jrliv$$ FF \r. N$+,Ot\,c' sr .Fg(sJiB 3tH$lo,fSch$t ij$$ri$ rfi h N$$Ft FB\tst 3 {{[ [i "i f,F et EE go Bq *,b Fr a F-rrlPBFe ri\ c5'tg-'g o \- ND HVaxEEriQaiIFl uiti HE .{of\6 + Fao('r \.}o .(-\,N c.s {I W It-tr St \L' \$\\Ic Wtrt\9!l fl s\Jf(J\{ {af. I st I\,x b'J6'oc6-.of4-l 'J-ec \t *-Sq z>,dEt EE EE2E' \)o(- v\- I,-{ .-1 sst Dq! $\: sJv -(..- J- rrZOtfttl t t1ra\ {o ",f f-C{-tr (lJ-c[- s Txi6' at xza EEn ^C)-ErFFtro ?.!o s\^e,'\Sl^:{l)sSsAL\o<\ _Hs TE,96tl Gqq i!qNl0i$ ttt B r{$ ^)t 5Fov l{t G sF6 G&,J\$ -Ur c,) d\s EI3> F $I $l j" J E:t p t Ud4 ? |gr.l EttaEE { IMMACUTATE FACITITIES GROUP 350 BAY STREET sulTE 140 AUGUSTA, GA 30901 RICK,S CLEANING SERVICE, ILC 3188 TEXINGTON WAY AUGUSTA, GA 30909 CSRA CUSTODIAN SPECIAUST 27G' OAI(ANDAVENUE AUGUSTA, GA 30909 TMMACUTATE CTEANTNG 2OO8 HOPETOWN DRIVE AUGUSTA, GA 30904 SMILE CLEANING 2230 RATEIGH DRIVE, AUGUSTA, GA 30904 CHRIS JAMES FIRE DEPARTMENT BtD |TEM f19-191 JANITORIAL SERVICES FOR AUGUSTA, GA.FIRE DEPARTMENT BID DUE: TUES,APRIL 16,2019 GP lOAM JAN-PRO 105 ROSSMORE PL AUGUSTA, GA 30909 G & C CLEANING 1718 FAIRWOD DRIVE AUGUSTA, GA 3G'09 EXECUTIVE JANITORIAT SERVICES 3O7O DAMASCUS ROAD SUITE "F' AUGUSTA GA 30909 EASTER SEAL EAST, GA INC., 15OO WRIGHTSBORO RD AUGUSTA GA 30904 CSRA BIO.CARE TtC 1q,3 GRINDSTONE CREEK HEPHZIBAH GA 30815 PHYIIIS MIttS JOHNSON COMPLIANCE DEPARTMENT BrD ITEM Sl9-191 ,ANITORIAT SERVICES FOR AUGUSTA, GA.FIRE DEPARTMENT BID MAIIED: THURS, 2128i19 JANI.KING OF AUGUSTA 3665 WHEETER RD SUITE 1A AUGUSTA, GA 30909 TMAGANN CIEAN|NG SERVICES, tNC 2640 LITHONIA IND. BIVD LITHONIA, GA 30058 SCRUBBING BUDDIES 2101 TROTTERS WAY, AUGUSTA, GA 3(x)()6 M & M MANAGEMENT 3114 AUGUSTA TECH DRIVE, SUITE 403 AUGUSTA GA 3GIO6 DIAMOND SH!NE SERVICES 2208 SUNNY DAY DR. HEPZ|BAH, GA 30815 Commission Meeting Agenda 7/17/2019 2:00 PM Vendor Award RFP 19-191 Janitorial Services for Augusta Fire Department Admin Office Department:Fire Department:Fire Caption:Motion to approve the award of RFP 19-191 Janitorial Services for Augusta Fire Department Administration Office to Immaculate Facilities Group, LLC and to authorize the Mayor to execute the appropriate documents. (Deferred from the June 27 Commission meeting) Background:The Augusta Fire Department, through the Augusta Procurement Department RFP process, requested proposals janitorial services for the Administrative Office. This is a three-year contract with the option to extend services for an additional two years Analysis:Augusta Fire Department recommends the award of RFP 19-191 Janitorial Services for the Augusta Fire Department Administration Office to Immaculate Facilities. After careful review and scoring of the proposal submitted to the Procurement Department in response to RFP 19-191, Immaculate Facilities received the highest overall score. Financial Impact:This is a three-year contract with the option to extend services for an additional two years. The annual fee for this service will be $20.780.28 with a cumulative three-year total of 62,340.84. Alternatives:None Recommendation:To approve the award of RFP 19-191 Janitorial Services for Augusta Fire Department Administration Office to Immaculate Facilities Group, LLC and to authorize the Mayor to execute the appropriate documents. Funds are Available in the Funds are available in the Fire Department's 2019 Operational budget for custodial services. 274034110 - 5222310 Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Amendment to Inmates Food Services Contract Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve Amendment to the Inmates Food Services Contract with Trinity Food Services Group, Inc. for Richmond County Correctional Institution. Background:In January 2016, the City of Augusta entered into a contractual agreement with Trinity Food Services Group, Inc. to manage the Inmates Food Services at the Richmond County Correctional Institution. The contract is scheduled to expire on June 30, 2019; however, the vendor has agreed to extend the term through August 31, 2019 until the current on-going RFP process is completed. Analysis:Approval of the amendment will allow continual operation of the Inmates' Food Services Financial Impact: Alternatives: Recommendation:Recommend approval of the amendment Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Additional funding request for the Marshal Office Department: Department: Caption:Discuss additional funding request(s) for the Marshal's Office. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM 2018 audit report Department:Finance Department:Finance Caption:Audit presentation from Mauldin & Jenkins. Background: Analysis: Financial Impact: Alternatives: Recommendation:Receive as information Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Subject: Commissioner Mary Davis Wednesday, June 12, 2019 9:24 PM Lena Bonner Tuesday agenda Ms. Bonner, please add this to Tuesday's Commission, June 18 agenda. Discuss assessment of tree inventory, the process of the removal of hazardous trees and the timeline of removal. Thanks. Mary Get Outlook for iOS a Ie$LllI of ti].i -o-rtail t,'ansmi$:3iorr. l{verificalicn is reqirireri. 6rlease rertruesl a hard copy verslell. i\Fi)r li)4 1 Commission Meeting Agenda 7/17/2019 2:00 PM Assessment of tree inventory Department: Department: Caption:Motion to approve addressing the funding for tree assessment/removal process during the upcoming budget process. (Approved by the Engineering Services Committee July 9, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Invitation to Bid Sealed bids will be received at this office until Thursday, January 17, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-127 Rocky Creek Power House - Augusta, GA Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Wednesday, January 2, 2019 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, January 3, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 6, 13, 20, 27, 2018 Metro Courier December 6, 2018 OFFICIAL VENDORS Copper Construction Co. Inc. 410 Newton Street Vidalia, GA 30475 R.L. Wiles Electric 4144 Wheeler Road Augusta, GA 30907 Alrich Electric Contracting Co. Inc. 2110 Vandivere Rd. Augusta, GA 30904 Mayer Electric 1259 Augusta West Parkway Augusta, GA 30909 Schneidon Electric 513 Church Street Walh, SC 29691 Border States Industries 105 25th St., N Fargo, ND 58102 Capital City Electrical Services, LLC 1346 Oakbrook Drive Norcross GA 30093 Attachment B Yes Yes E-Verify Number 154164 843796 SAVE Form Yes Yes Cost $255,800.00 $246,022.00 Brand SQD SQUARE D Model Model 6 LVMCC MODEL 6 Cost $122,875.00 $118,172.00 Brand SQD SQD Model Power Zone for MCC Power Zone by Schneider Cost of Shipping Power Zone House $3,439.02 $3,481.00 Cost of (3) User Department Employees $3,600.00 $0.00 Startup cost for onsite testing and programming of Power Zone House $9,800.00 $0.00 Cost of Certified Technician/hr.$200.00 $0.00 Bid Opening Item #19-127 Rocky Creek Power House for Augusta, Georgia- Utilities Department Bid Due: Thursday, January 17, 2019 @ 11:00 a.m. Motor Center Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 22 Total Electronic Notifications (Demandstar): 5 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 Power Zone House (to include cost of mounting motor control center inside the Power Zone) Page 1 of 1 UTILITIES DEPARTMENT Tom Wiedmeier Director Augusta Utilities Administration 360 Bay Street – Suite 180 - Augusta, GA 30901 (706) 312-4154 – Fax (706) 312-4123 WWW.AUGUSTAGA.GOV MEMORANDUM TO: Geri Sams, Director – Procurement Department Nancy Williams – Quality Assurance Analyst Tywanna Scott – Bid Management Assistant FROM: Tom Wiedmeier, Director --Utilities Department Allen Saxon, Assistant Director – Water and Wastewater Production & Facilities Steve Orton – Superintendent II, Facilities and Maintenance Department SUBJECT: Rocky Creek Power House (Bid Item #19-127) BID RECOMMENDATION (2019) DATE: February 1, 2019 Attached is the Bid Tabulation Sheet for Bid Item #19-127, Rocky Creek Power House. It is our recommendation that this bid be awarded to Border States Industries. Between the two compliant vendors, they had the lowest prices on both the motor center and power zone house. Thank you for your assistance regarding this matter. Sincerely, Tess Thompson forTess Thompson forTess Thompson forTess Thompson for Tom WiedmeierTom WiedmeierTom WiedmeierTom Wiedmeier 2222----1111----2019201920192019 ______________________________________ Date: ___________ Tom Wiedmeier, Director cc: Tess Thompson, Finance Manager Bobby Robinson, Superintendent I-Maintenance/Fiber Optic John Goodenough – Maintenance Group Manager Camethia West, Administrative Assistant, Facilities and Maintenance Department Commission Meeting Agenda 7/17/2019 2:00 PM Award Bid Item 19-127 for Rocky Creek Pumping Station Power House Department:Utilities Department:Utilities Caption:Motion to approve award of Bid Item 19-127 for Rocky Creek Pumping Station Power House to Border States Industries at a total cost of $367,675.00. (Approved by Engineering Services Committee July 9, 2019) Background:Augusta has a project to install a new wastewater pumping station and force main in the Rocky Creek basin to eliminate significant sources of rainwater impact on the wastewater collection system. In order to expedite this project and insure equipment compatibility with other upgraded facilities, we are providing the electrical and control components for the pumping station as a prefabricated structure. The purpose of Bid Item 19- 127 is to procure the prefabricated structure and the components that will be installed by the manufacturer during assembly. Analysis:We have reviewed the bids received through our normal procurement process and determined that the low bid submitted by Border States Industries meets all of the requirements for this project. The total for all bid items from Border States Industries is $367,675.00 and is within the project budget. Financial Impact:$367,675.00 from Budgeted Funds Alternatives:None Recommended Recommendation:We recommend award of Bid Item 19-127 to Border States Industries at a total amount of $367,675.00. Funds are Available in the Following Accounts: 506043580-5421110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Item No.Description Estimated Quantity Units Unit Price Total Price 1 Replace all existing manhole frame and covers throughout subdivision 23 EA $ 600.00 $13,800.00 2 Point Repairs on multiple exisiting gravity sewer segments.19 EA $ 2,800.00 $53,200.00 3 Total Replacement of multiple existing gravity sewer segments with 8" SDR-26 PVC 3754 LF $ 49.00 $183,946.00 AUGUSTA UTILITIES DEPARTMENT Cost Proposal Marion Homes Subdivision - Sanitary Sewer Repair/Replacement !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!( !(!( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( 3 4 8 2 20 6 1 6 2 3 5 2 2 21 1 0 1 7 1 9 1 4 7 1 8 9 1 2 15 13 11 MC061M3680 MC061M3676 MC061M3675 MC061M3674 MC061M3673 MC062M3746 MC062M2819 MC048M2866 MC048M2832 MC048M2824 MC048M2823 MC061M2862 MC061M2861 MC061M2852 MC061M2838 MC061M2837 MC061M2836MC061M2835 MC061M2834 MC061M2833 MC061M2831 MC061M2830 MC061M2829 MC061M2828 MC061M2827 MC061M2826 MC061M2825 MC061M2822 MC061M2821 MC061M2820 MC061M2817 MC061M2814 MC061M2813 MC061M2812 MC061M2811 MC061M2810 MC061M2809 MC061M1647 MC061M1619MC061M0276 MC061M2359 MC061M2436 D u p o n t S t Fairhope St Sand Bar Ferry Rd C o u r t l a n d D r M c E l m u r r a y D r P o l l a r d D r Pollard Rd Courtland Dr Levee RdInterstate 520 EB Broad St Go rd o n Hw y Walton Way Barton Chapel Rd Sibley R d Rosier Rd LEGEND Cleanouts !(Manholes Abandoned Main Active Main Sewer Laterals Parcel Outlines 60 3600Feet Marion Homes Sewer Lines — 2/2019 Data ± LOCATION MAP Cartographer: Dennis Martin, City of Augusta, GA, UtilitiesDate Saved: 4/22/2019 5:23:56 PMThis data represented on this map has been compiled by the best method available. Accuracy is contingent upon the source information as compiled by various agencies and departments both internal and external to the consolidated government of Augusta, GA.Augusta, GA and the companies contracted to develop this data assume no legal responsibilities for the information or accuracy contained on this map.It is strictly forbidden to sell or reproduce these maps or data for any reason without the written consent of the Augusta-Richmond County Commission.Document Name: Marion Homes - 2019 Sewer Survey 1 inch = 167 feet Commission Meeting Agenda 7/17/2019 2:00 PM East Augusta Roadway & Drainage Project – Marion Homes Subdivision (Bid Item 14-134) Supplementary Addition for the Repair and Replacement of Sanitary Sewer Mains within project limits. Department:Augusta Utilities Department Department:Augusta Utilities Department Caption:Motion to approve Change Order to Bid #14-134 East Augusta Roadway & Drainage Project – Marion Homes for the repair and replacement of Sanitary Sewer Mains to Blair Construction, Inc. in the amount of $280,546.00.(Approved by Engineering Services Committee July 9, 2019) Background:The project to improve the roadway and drainage in the Marion Homes Subdivision is in construction currently with Blair Construction having been previously awarded the project. During the course of construction, it was discovered that significant and previously unknown issues existed with the existing sanitary sewer system. As a result, the sanitary sewer main(s) need repairs and replacement sections to remedy the existing issues and prevent further need of repair or replacement. Analysis:Augusta Utilities Department has reviewed the cost proposal submitted by Blair Construction Inc. The proposal for construction services was deemed to be fair and reasonable by Augusta Utilities Department. Financial Impact:Funding in the amount of $280,546.00 is available from SPLOST 7 account. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Blair Construction Inc. in the amount of $280,546.00 for Marion Homes Subdivision Supplementary Addition for the Repair and Replacement of Sanitary Sewer Mains Funds are Available in the Following Accounts: Funds are available from SPLOST account 329041110 (JL 216829105) - 5414110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Project Vicinity Map AUD Fort Gordon Cyber CoE Utilities Cyber CoECampus Utilities Commission Meeting Agenda 7/17/2019 2:00 PM Fort Gordon Cyber CoE Campus Utilities Department:Utilities Department:Utilities Caption:Motion to approve proposal from Johnson, Laschober & Associates, P.C. to provide supplemental engineering services for the Utilities Department’s Fort Gordon Cyber CoE Campus Utilities phased projects in the amount of $200,500.(Approved by Engineering Services Committee July 9, 2019) Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and non-potable irrigation utility provider for Fort Gordon. Fort Gordon is constructing a new Cyber Center of Excellence (CoE) campus, which encompasses the existing campus facilities around Signal Tower. Existing buildings are scheduled for demolition or renovation, and new buildings will be constructed to create a new cyber campus. The campus requires new water, sanitary sewer and irrigation mains and service lines to provide utility services to each facility on campus. The Army’s masterplan has projects scheduled to be performed in sequence out to 2028. Thus, the utility work sequence will be complicated to keep existing facilities in service, while constructing new mains and services for the new and renovated buildings. Johnson, Laschober & Associates, P.C. (JLA) has been providing engineering services to the Fort Gordon planning team for the Cyber CoE Campus site planning. Thus, JLA is knowledgeable of the campus planning, design, scheduling and coordination information, which is often subject to change. JLA is uniquely positioned to provide professional engineering services to AUD and represent AUD interests within the overall campus design process. Therefore, AUD contracted JLA to provide design and engineering services for AUD’s first phase of construction, Project D1 (MCA-1). This project is proceeding to bid, and we need to continue the design of the follow-on phases of AUD projects for the campus. At AUD’s request, JLA has provided a proposal to provide professional services for the following additional phased AUD projects: D2 (MCA-2), D3 (MCA-3), D4 (MCA-4) and 8th Avenue Water Main. These supplemental services will enable JLA to maintain a continuity of design throughout the phasing of AUD’s campus utility projects through the 2028 CoE plan.These professional services costs are to be recovered within AUD’s projects’ budgets for Cyber CoE Campus utility projects paid for by Fort Gordon. Analysis:Utilities Department recommends approving JLA to perform these supplemental services for AUD’s Fort Gordon Cyber CoE Campus utilities projects. Utilities Department requests approval in the amount of $200,500.00 to fund these services. Financial Impact:$200,500.00 funds are available from the following accounts: 507043490-5212115 / 88880160-5212115 Alternatives:No alternatives are recommended. Recommendation:Recommend approval for Johnson, Laschober & Associates, P.C. perform supplemental services for the amount of $200,500.00. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043490- 5212115 / (JL 88880160-5212115) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Old McDuffie Road Street Light Request Department:Traffic Engineering Department:Traffic Engineering Caption:Motion to approve the installation of nineteen streetlights on Old McDuffie Road. This is also to approve a new lighting tax district for all lots associated with the above road. Funding is available in the Street Lighting budget account #276041610- 5312310. (Approved by Engineering Services Committee July 9, 2019) Background:Georgia Power Company will install nineteen lights on Old McDuffie Road. The yearly cost for these lights will be paid by all the lots associated with this road in a special taxing district to appear on the 2019 tax bill. This fee will be added to the tax bill each year to cover the cost of the lights and maintenance. Analysis:The cost proposal was received by Georgia Power on May 3, 2019 in the amount of: CONTRACTOR BID 1.Georgia Power Upfront Cost - $0.00 Yearly Cost -$4,110.84 Financial Impact:Adequate funds are available and expenditure of this amount will leave sufficient funds for any emergencies that may arise before the end of the year. Alternatives:1. Approve installation of new streetlights by Georgia Power and approve the creation of a new taxing district on Old McDuffie Road. 2). Do not approve and disregard proposal. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 276-04-1610-5312310 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Phinizy Road Street Light Request Department:Traffic Engineering Department:Traffic Engineering Caption:Motion to approve the installation of fourteen streetlights on Phinizy Road. This is also to approve a new lighting tax district for all lots associated with the above road. Funding is available in the Street Lighting budget account #276041610-5312310. (Approved by Engineering Services Committee July 9, 2019) Background:Georgia Power Company will install fourteen lights on Phinizy Road. The yearly cost for these lights will be paid by all the lots associated with this road in a special taxing district to appear on the 2019 tax bill. This fee will be added to the tax bill each year to cover the cost of the lights and maintenance. Analysis:The cost proposal was received by Georgia Power on May 3, 2019 in the amount of: The cost proposal was received by Georgia Power on May 3, 2019 in the amount of: CONTRACTOR BID 1.Georgia Power Upfront Cost - $0.00 Yearly Cost - $3092.04 Financial Impact:Adequate funds are available and expenditure of this amount will leave sufficient funds for any emergencies that may arise before the end of the year. Alternatives:1. Approve installation of new streetlights by Georgia Power and approve the creation of a new taxing district on Phinizy Road. 2). Do not approve and disregard proposal. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 276-04-1610-5312310 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 6, CLk otr Cowr s/zr/cto Department of Public Worki a;A bngineering Clifford A. Goins Assistant Director Public Works - Engineering CLIFFORD A. GOINS,INTERM ASSISTANT DIRECTOR PUBLIC.WOB.KS - ENGINEERINIG DTVIS{ON 701,530 Greene Street Augusta, Georgia 30911 1706 FAX(?06) 821-1708 TO: FROM: HONORABLE BOB YOUNG, MAYOR MEMBERS OF COMMSSION ULMER BRTDGES, CHAIRMAN, ENGINEERING SERVICES COMMITTEE RANDY OLIVER, ADMINISTRATOR a4 DATE: MAY ?3,2000 MAY 30,2OOO COMMITTEE MEETING SUBJECT: MONUMENT/I{ISTORICAL MARKER POLICY FILEREFERENCE: 2000-009 CAPTION: ADOPT POLICY FOR PLACEMENT OF MONUMENTS AND OTHER MARKERS ON PUBLIC zuGHTS OF WAYS OR OTI{ER PUBLIC PROPERTY. BACKGROUND: There have been several requests in the past few months to place a monument or other appropriate marker in the right of way or on public property to commemorate a specific ierson or event. While this has been done in the past on a case by case basis, the need to establish a policy has become apparent. The Public Works and Engineering Department has performed a limited field reconnaissance on the existing monuments and historical markers in the area. By far, the majority of the existing monuments are on Greene Street with the historical markers at various locations. The median iuea on Green Street and other streets with width medians makes them ideal for the placement of monuments. Historichl markers can be placed in more confined locations. ANALYSIS: The criteria of the policy for placement of monuments or historical markers would include:1. Application for placement of monument or marker submitted to an ad hoc committee comprised of,. Planning and Zoning. Public Works and Engineering Department Administrator's Office .'AGEMiAITEM May 19,2000 PAGE TWO 2- The applicant would be required to enter into a perpetual maintenance agreement. The City would reserve the right to remove the monument or marker from the right of way or public property in case of disrepair or damage of a significant nature not being addressed by the appticant. 3. The successful applicant would apply for and secue an encroachmentpermit frori the Public works and Engineering Department. This permitwould address site requirements such as sight distances, clear zone, restrictions, etc. 4. Installation will be in accordance with City specifications and under City. ,inspection. , FINA}ICIAL IMPACT: The agenda item does not contain a request for funding. ALTERNATIVES: Do not approve recommended policy in whole or in part. RECOMMENDATION: It is recommended that the Commission adopt the Monument/tlistorical Marker Policy as outlined in the Agenda Item. PIIBLIC WORKS DEPARTMEI{T DIRECTOR: ADMINISTRATOR:cAe^-a.6 P. qs-*L s/' F'UNDS ARE AV LE IN THE FOLLOWING ACCOUNTS: FINAIICE:Sl., COMN4ITTEE ACTION: CAG&mw xc: Lon Morrey, Compffoller Kakoli Basu Agenda File Main File Ms. Teresa Smith, Pre-Constmction Engineer ,. tl pol-rcy FoIJlctsMENr OF MONUMENTS AND OrHER MARKERS ON PUBLITryGHTS OF WAYS OR OTHER PUBLTC pROpERTy The criteria of the policy for placement of monuments or historical markers would include: l.Application for placement of monument or marker submitted to an ad hoc committee comprised of : Planning and Zoning Public Works and Engineering Department Administrator's Office 2. The applicant would be required to enter into a perpetual maintenance agreement. The City would reserye the right to remove the monument or marker from the right of way or public property in case of disrepair or damage of a significant nature not being addressed by the applicant. 3. The successful applicant would apply for and secure an encroachment permit from the Public Works and Engineering Department. This permit would address site requirements such as sight distances, clear zone, restrictions, etc. 4. Installation will be in accordance with City specifications and under City inspection. As adopted by the Augusta Commission this 20th day of July. o o o Clerk of Commission '\. Commission Meeting Agenda 7/17/2019 2:00 PM Placement of a MLK monument Department: Department: Caption:Discuss/approve the placement of a monument in honor of Dr. Martin Luther King, Jr. (Requested by Commissioner Bill Fennoy) Background:See attachment. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda Commission Chambe r - 6t2712019 ATTENDANCE: Present: Hons. Frantom, Mayor Pro Tem; B. williams, Garrett, Sias, Fennoy, M. Williams, D. Williams; Hasan and Clarke, members of Augusta Richmond County Commission. Absent: Hons. Hardie Davis, Jr., Mayor; Davis, member of Augusta Richmond County Commission. INVOCATION: Reverend Mark N. Van Alstine, Pastor, St. Joseph Catholic Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TINITED STATES OF AMERICA. RECOGNITION(S) June Years of Service A. congratulations! 2019 June Years of Service (yoS) Recipients.Item Action: None B ItemAnorovalsheet.html Motions Y:lt"t Motion Textr ype Made Seconded MotionBy By Result Recogniton of June 2019 years of Service recipients. CONSENT AGENDA (Item 1) PETITIONS AND COMMUNICATIONS 1. Motion to approve the minutes of the regular meeting of the Augusta Commission held on June lg,2Ol9. Item Action: Approved E Reqular Commission l\leetinq June 18 20l9.odf El ItemApprovalsheet.html Motions Motion ru.1:^_m-__1 rr r h Motion- ----- Motion Text Made By Seconded ByI Ype -'---- -r ResultJf- Motion to Approve ryp1oy.; n n s;##,'j'Jl*.' fi:ilTlil,]|,h, passes Motion Passes 9-0. ' * ***END CONSENT AGENDA?K'( * * AUGUSTA COMMISSION 6127t2019 AUGUSTA COMMISSION REGULAR AGENDA 6127 t2019 (Items 2-29) PUBLIC SERVICES 2. Report from Code Enforcement regarding abandoned ramshackle structure Item located next door to the Georgia Crime Center on 8th Street. (Requested by Action: Commissioner Bill Fennoy) Approved B ltemAnorovalsheet.html Motions |'r'J:" Motion Text Made By seconded By [:tji| Approve Motion to approve Commissioner Commissioner passes receiving this item as William Brandon information.and receive Fennoy Garrett an update on the property in 60 days. Motion Passes 9-0. 3. New Location: A.N. 19-18: A request by Nickolas Robert Prokosa for a Item consumption on premise Beer License to be used in connection with Wedges Action: & Woods located at373t Wrightsboro Rd. District 3. Super District 10. Approved B AN.l9-18.pdf B ItemAoorovalSheet.html Motions Y.:j:"t Motion Text Made By seconded By MotionrYPe r ---------- -r Result Motion to Approve uppro*. Commissioner Commissioner MJ;;p"sses 9-0. William Fennoy Brandon Garren Passes 4. New Ownership: A.N. 19-20: A request by Tasneem Hassan Jamil for a retail Item package Beer & Wine License to be used in connection with Super Express #l Action: located at 3150 Wrightsboro Rd. Suite A. District 2. Super District 9. Approved E lN.lq-zo.oor B ltemApprovalsheet.html Motions X:11" Motion Text Made By Seconded By Motion I YPe ''---- -r Result Motion to Approve upp.o*. :ommissioner Commissioner MJ;;p"sses 9-0. William Fennoy Bobby Williams Passes 5. New Ownership: A.N. 19-21: A request by Tasneem Hassan Jamil for a retail Item package Liquor License to be used in connection with H & S Wine & Spirits Action: located at 3150 Wrightsboro Rd. Suite B. District 2. Super District 9. Approved [= AN.l9-2r.pdf lB ItemAoorovalsheet.html Motions Motion Motion Text Type Motion to Approve approve. Motion Passes 9-0. B AN.t9-22.pdf IB ItemAoorovalsheet.html Motions Motion--'-"" Motion Textr ype Motion to Approve approve. Motion Passes Made By Made By Commissioner 9-0. B., Hasan Seconded By Motion Result Commissioner Commissioner william Fennoy Bobby williams Passes 6. New Ownership: A.N. 19-22: A request by Scott Allen for a consumption on Item premise Beer License to be used in connection with Great Scott Golf, LLC Action: located at 4324 Peach Orchard Road. District 6. Super District 10. Approved Seconded By Motion Result 7.New Location: A.N. 19-19 A request by Nader premise Beer &. Wine License to be used Mediterranean Grill located at 901 Broad Street. Commissioner william Fennoy Passes Khatib for a consumption on Item in connection with Laziza Action: District l. Super District 9. Approved E AN.l9-l9.pdf IB ItemAnnrovalsheet.html Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes Made By Seconded By Commissioner Commissioner 9_0. B., Hasan Brandon Garrett Motion Result Passes 8.Discuss illegal dumping in Augusta-Richmond County. (Requested by Commissioner Marion Wiltiams) Item Action: Approved IB ltemAnorovalsheet.html Motions Motion Motion Text Made B Seconded Motion r ype lon l ext Made tty By Result Motion to approve asking the Marshal's Office and Code Enforcement to come back with a plan of how to increase a _^_^_^^__^ the authority of the Marshal's CommissionerApprove oirr.. to handle commercial Sammie Sias Passes properties and the resources that are needed for that. Mr. M. Williams not voting. Motion Passes 8-0. 9. Receive an update from the Augusta-Richmond County Coliseum Authority Item regarding status on the proposal for the new James Brown Arena. (Requested Action: by Commissioner Bill Fennoy) Approved B ItemApprovalsheet.html Motions Motion Motion Text Made By seconded By f.".Xil'r ype Motion to approve removing the four members of the Coliseum Authority who have voted no on A Commissioner Approve the continuation of the ::m3lsstoner Marion Withdraws study currently in 5en flasan williams progress which will assist in determining a location for a new arena. Motions |';t:" Motion Text Made By seconded By HJil Approve Substitute motion to Commissioner Commissioner Fails approve receiving this Bobby Brandon item as information. Williams Garrett Mr. M. Williams abstains. Voting No: Commissioner John Clarke, Commissioner Ben Hasan, Commissioner Sammie Sias. Motion Fails 5-3 -1. Motions X:11"' Motion Text Made By MotionType -'""- -r Result Motion to refer this h ^ item to the next full Commissioner CommissionerDet'er co-*ision meeting. Ben Hasan Sammie Sias Passes Motion Passes 9-0. 10. Update from Historic Augusta regarding the Jewish Museum. (Requested Item by Commissioner Bill Fennoy) Action: Approved B ItemAnprovalsheet.html Motions Motion Motion- ----- Motion Text Made By Seconded By'tYPe - ------ -'t --------- -J Result Motion to approve receiving this item as Commissioner Commissioner Approve information. Mr. M. William Brandon Passes Williams out. Fennoy Garrett Motion Passes 8-0. ADMINISTRATIVE SERVICES 11. Discuss the day-to-day operations of Augusta, GA. (Requested by ltem Commissioner Marion Williams) Action: None lE ltemAoorovalsheet.html Motions Motion Type Motion Text Made By Seconded By f"'.tjil See motion under ltem#27, 12. Request to approve submission of the FY20l9 Annual Action Plan, upon Item completion of the required 30-Day Public Comment Period and authority for Action: the Mayor, as Augusta, Georgia's Certiffing Official, to execute the Approved documents, including but not limited to, the SF-424s and Certifications required to be included with this submission. Certifications of Consistency with the Local Consolidated Plan for the FY2019 Continuum of Care N.O.F.A. grant competition are included in this authorization as well. The FY2019 Annual Action Plan represents funding for the following programs funded by the U.S. Department of Housing and Urban Development (HUD): Community Development Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, and Housing Opportunities for Persons with AIDS (HOPWA) Program.Any comments received during the 30-Day Comment Period will be forwarded back to the Commission. E Final FY20l9 AAP Budset for Commission Presentation 062719,odf E ItemAnnrovalsheet.html Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes Made By Seconded By 13. Motion to approve Housing and Community Development's (HCD's) request Item to substantially amend the 2010-2014 Consolidated Plan and 2015-2019 Action: Consolidated Plan, as well as the 2014-2017 Annual Action Plans, to Approved reallocate $275.000.00 to the funding year 2018 for the creation of an Affordable Housing and Economic Development projects. Commissioner Commission 9-0. Su*-ie Sias Dennis wi[;;, Passes Made By Commissioner Sammie Sias Seconded By Motion Result Motion Result lB ItemAporovalsheet.html Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 9-0. Commissioner Dennis williams Passes 14. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide additional funds to the (4 affordable townhouses) Action: Community Development Collaborative to assist with construction cost of Approved Ashley Landings @Heritage Pine. B HCD Ashley Landinp Amend Contract 062719.pdf 15. Motion to approve Housing and Community Development Department's ltem (HCD's) request to provide funding to assist one (l) low to moderate income Action: homebuyer with down-payment assistance to purchase a home. Approved E ItemAoprovalsheet.html Motions Motion;- ---- Motion Textrype Motion to Approve approve. Motion Passes 9-0. Commissioner Commissioner Sammie Sias Dennis williams Passes Made By Seconded By Seconded By Motion Result Motion Result B Ho*lr nut'en-ncnEettetT oozzlg.nat [B ItemAoprovalsheet.html Motions Motion;- ----- Motion Text Made Byr ype Motion to Approve approve. Motion Passes Commissioner Commission 9-0. Su--ie Sias Dennis wil;;, Passes 16. Motion to approve Housing and Community Development's (HCD's) Item Substantial Amendment request for the 2017 Annual Action Plan (AAP) to Action: reallocate $12,606.82 in Emergency Solutions Grant (ESG) funds and the Approved related publication of 30-Day Comment Period, as required by the City of Augusta's HUD-approved Citizen Participation plan. B Item.{oorovalsheet.html Motions Motion Text Made By Seconded By 17. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide HOPWA funding to St. Stephen's Ministry for Action: 2018 Award Year. Approved E St Stephens (HOP\l'A) Contract 062719.pdf E ltemAonrovalsheet.html Motion Type Motion to Approve approve. Motion Passes 9-0. Motions Motion Motion Text'l'ype Motion to Approve approve. Motion Passes 9-0. Motions Motion Motion Text'r'ype Motion to Approve approve. Motion Passes 9-0. Motion Result Commissioner Commissioner Sammie Sias Dennis williams Passes seconded By Motion Result Commissioner Commissioner Sammie Sias Dennis williams Passes Made By Made By Commissioner Sammie Sias Motion Result Passes 18. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide funding to twenty-one (21) low to moderate Action: homeowners in need of decent, safe and compliant services. Approved E HO\IE BI:}'ER AGREEIUE\T 0627I9.Ddf B ItemApprovalsheet.html Seconded By Commissioner Dennis Williams 19.An update on The Depot Project. (Requested by Commissioner Ben ItemHasan) Action: Approved E Comm. B. Hasan Deoot Proiert.odf B ltemAonrovalsheet.html Motions X:jtl"" Motion Text Made By Seconded By Motion'I'ype ----- -'t ------"-- -" Result Motion to approve h^r^+^ deleting this item Commissioner CommissionerL')elete from the agenda. Ben Hasan william Fennoy Passes Motion Passes 9-0. PUBLIC SAFETY 20. Motion to approve assigning the honorary road name of Terry Elam Item to Augusta Tech Drive. (Requested by Commissioner Bitl Fennoy) Action: Approved E SKM c658r90620l{J8o.pdf lB Resolution Dr. TerrvElam.odf lB ItemApprovalSheet.html Motions Motion rf ^.:^- 'Tr^-.. f,tr- -r- n d Motion- """" Motion Text Made By Seconded Byt YPe ''---- -r Result Motion to commissioner commissionerApprove approve. ;_"-.-'''.'""j:'*^ ::"":i":"""^ passes Motion passes 9-0. Su*-ie Sias John Clarke 21. Motion to approve $17,000 from contingency for the Record Restriction Item Program. (Requested by Commissioner Dennis Williams) Action: Approved B sxrvl cosstqoozotqloo.par B ltemApprovalsheet.html Motions X:ji' Motion Text Made By Seconded By Motion t YPe '''--- -r Result Motion to Approve approve. commissioner commissioner Motion passes 9-0. Su*-ie Sias Dennis williams Passes 22. MOTION TO APPROVE RESOLUTION AMENDING T}IE MARSHAL ItCM FEE SCTDDULE FOR SERVICE OF PROCESS IN TI{E CIVIL AND T}IE Action: Approved MAGISTRATE GEORGIA. COURT OF AUGUSTA.RICHMOND COUNTY, 23. Motion to approve the award of RFP l9-l9l Janitorial Services for Augusta Item Fire Department Administration Office to Immaculate Facilities Group,LLC Action: and to authorize the Mayor to execute the appropriate documents. Approved E sx*t cesStgoezoultt.oor B ItemAnprovalsheet.html Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 9-0. B ItemAporovalsheet.html Motions Motion Motion TextI ype Motion to postpone until the next Commission meeting approval of this item until the item can be rerouted through the Procurement Department Defer in order for them to attach all relevant information related to the bidding process. Voting No: Commissioner William Fennoy. Motion Passes 8- 1. Motions Motion Motion Textlype Commissioner Commissioner Sammie Sias Dennis williams Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Commissioner Brandon Garrett Commissioner Sammie Sias Passes Motion ResultMade By Seconded By Approve Substitute motion to Commissioner Commissioner Fails approve. Mr. Clarke, William Dennis Mr. Frantom, Mr. Fennoy Williams Garrett, Mr. Hasan, Mr. Sias, Mr. B. Williams and Mr. M. Williams vote No. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Brandon Garreff, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 2-7. FINANCE 24. Present2020 Budget Planning Calendar for approval.Item Action: Approved B 2020 Budset Planninq Calendar 6-lJ-l9.pdf IE ItemAoorovalsheet.html Motions X:11'" Motion Text Made ByI ype Motion to Approve approve. Motion Passes Seconded By Commissioner Commissioner 9_0. Su.*ie Sias William Fennoy Motion Result Passes ENGINEERING SERVICES 25. Approve Augusta-Richmond County 2022 Transportation Special Purpose ltem Local Option Sales Tax (T-SpLOST) priority List. Action: Approved LB 2019-16-0.1 Resolution TlA.pdf E ltemApprovalsheet.html Motions Motion Motion Textlype Made By Seconded By Commissioner Dennis Williams Made By Seconded By Motion Result Passes Motion to approve Approve the updated list. commissioner Motion passes 9-0. sammie Sias ADMINISTRATOR 26. Discuss extended holiday for employees.Item Action: Approved lE ItemAonrovalsheet.html Motions Motion Motion Textr ype Motion to approve allowing July 5 to be an extended day off for employees at a cost of $216,000 with funding to come from Public Safety and Fire Departments with the Fire Department ^ addine nine hours toADDTOVC- -r,-- accmmodate their holiday schedule. Mr. Clarke abstains. Voting No: Commisioner Sean Frantom, Commissioner Brandon Garrett. Motion Passes 6-2 -1. Motions Motion Motion Textrype Defer Motion Result Commissioner William Fennoy Commissioner Ben Hasan Passes Motion Result Fails Made By Seconded By OTHER BUSINESS 27. Discuss rules and procedures of the Augusta Commission. (Requested by ltem Commissioner Marion Williams) action: Approved Substitute motion to deny the request. Mr. Clarke abstains.. Voting No: Commissioner William Fennoy, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Fails 2-6 -1. IB ItemAoorovatsheet.html Motions Motion Motion TextI vneJt - Motion to approve scheduling a workshop to be held on July 24 or July 25 to further discuss this item and Approve item #ll. Mr. M. Williams not voting. Voting No: Commissioner William Fennoy. Motion Passes 7-1. ADDENDUM Commissioner CommissionerBrandon John Clarke Garreff Made By Seconded By Motion Result Commissioner Commissioner Ben Hasan Sammie Sias Passes 28. Motion to go into an executive session to discuss litigation, real estate and documents that are exempt under O.C.G.A. 5-lg-72. 29. Motion to approve a settlement agreement and release of claims by Teresa Item Smith against the Richmond County Sheriffs Office and Augusta, Georgia. Action: Approved Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 9-0. Motions Motion Motion TextI ype Motion to approve in ^ the amount ofAPProve $38,000. Motion Passes 9-0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. Motions Motion Type Approve Commissioner Commissioner Brandon Garrett Ben Hasan Passes seconded By Motion Result MotionSeconded BY Resurt Commissioner^-------;--::"-' Passessammte sras Made By Made By Commissioner Dennis Williams Made By Commissioner Ben Hasan of the affidavit of Item Action: Approved Item Action: Approved 30. Motion to authorize execution by the Mayor compliance with Georgia's Open Meeting Act. Seconded By Motion Result CommissionerBen Passes Hasan Motion Text Motion to approve. Motion Passes 9-0. Upcomins Meeti CALLED MEETING COMMISSION CHAMBER July 9, 2019 Augusta Richmond County Commission convened at I l:00 a.m., Tuesday, July g,20lg, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, M. Williams, Davis, D. Williams, Hasan and clarke, members of Augusta Richmond county commission. ABSENT: Hon. Frantom, member of Augusta Richmond County Commission. The Mayor called the meeting to order. 1. LEGAL MEETING B. Real estate D. Records Exemption Mr. Brown: I would ask for a motion to go into an executive session to discuss real estate and records exemption. Mr. Sias: I so move. Mr. Fennoy: Second. Motion carries 9-0. IEXECUTIVE SESSION] Mr. Mayor: All right, we'll call this meeting back to order. The Chair recognizes Attorney Brown. E. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: I would request a motion to approve to close the executive session. Mr. M. Williams: I so move. Ms. Davis: Second. Mr. Mayor: All right, voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: We would request a motion to approve a plaque for the Richmond County Sheriffs Office. Mr. D. Williams: So move. Mr. Sias: Second. Mr' Mayor: Motion by the commissioner from the second, second by the fourth. Voting. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: We would request a motion to transfer 2841and,2S4l|Central Avenue, Augusta, Georgia to the Land Bank Authority of Augusta, Georgia with the conditions that the net proceeds be returned to the City for Augusta Utilities Department Enterprise Fund. Mr. Mayor: The Chair recognizes the commissioner from the 4th. Mr. Sias: So move. Mr. Fennoy: Second. Mr. Mayor: The Chair recognizes the commissioner from the 1't. Mr. Fennoy: Second. Mr. Mayor: All right, voting. Mr. Hasan out. Motion carries 8-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: For our final motion request a motion to transfer property to the Augusta, Georgia Land Bank Authority for the sale at the appraised value with the net proceeds to be returned to Augusta's Housing and Community Development Housing Opportunity and Persons with AIDS Program. That property is located atl626 Carpenter Street, Augusta, Georgia. Mr. Mayor: The Chair recognizes the commissioner from the l.t. Mr. Fennoy: Motion to approve. Mr. Mayor: All right, the Chair recognizes the commissioner from the 8n. Mr. Garrett: Second. Mr. Mayor: Voting. Motion carries 9-0. Mr. Mayor: All right, committee meetings. IMEETTNG ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on luty9,2019. Clerk of Commission Commission Meeting Agenda 7/17/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on June 27, 2019 and Special Called Meeting held July 9, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Subject: Commissioner Sean Frantom Friday, June 28, 2019 9:18 AM Lena Bonner July 16 Commission Agenda Please put the following agenda item on the agenda - Motion to reappoint Richard lsdellto the canal Authority as the District 7 representative' Thank you, Sean Frantom Commissioner District 7 (706)s64-1663 sfrantom @augustaga'gov a resuil of tlie e'mail transnris;ron. tf verificatlon is required, please reqtlest a lrard copy versioir' AID:104.1 Commission Meeting Agenda 7/17/2019 2:00 PM District 7 Appointment Department: Department: Caption:Motion to approve the reappointment of Richard Isdell to the Augusta Canal Authority representing District 7. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 7/17/2019 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: