HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GA AND ANTIOCH MINISTRIES, INC. FOR FY 2014/2015 PROVIDING FUNDING FROM HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) FOR CONSTRUCTION OF COMMUNITY RESIDENCES CONTRACT
Between
AUGUSTA, GEORGIA
And
ANTIOCH MINISTRIES, INC.
In the amount of
$378,533.00
Three Hundred Seventy-EightThousand Five Hundred Thirty-Three Dollars and 00/100
For Fiscal Year 2014/2015
Providing Funding From
HOUSING OPPORTUNITES FOR PERSONS WITH AIDS (HOPWA)
"FOR"
CONSTRUCTION OF COMMUNITY RESIDENCES
AN AGREEMENT FOR A $378,533.00 GRANT BETWEEN AUGUSTA, GEORGIA AND
ANTIOCH MINISTRIES, INC.—NONPROFIT CORPORATION, FOR PROVISION OF
HOUSING SERVICES TO PERSONS WITH AIDS OR RELATED DISEASES AND
THEIR FAMILIES UNDER THE HOUSING OPPORTUNIITES FOR PERSONS WITH
AIDS (HOPWA) GRANT PROGRAM OF THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
THIS AGREEMENT, made in Augusta, Georgia on September , 2017 ,by and between the
Augusta, Georgia a political subdivision of the State of Georgia (Augusta"), acting through the
Augusta Housing and Community Development Department, located at 925 Laney-Walker Blvd.,
Augusta, Georgia, 30901 and Antioch Ministries, Inc.., a Georgia nonprofit corporation, organized
and existing under the laws of the State of Georgia ("Project Sponsor"), the address of which is
1378 Laney Walker Blvd., Augusta, GA 30901.
WHEREAS, Augusta, Georgia ("Augusta") has been awarded funds from the United States
Department of Housing and Urban Development ("HUD") under the Housing Opportunities For
Persons With AIDS (HOPWA) Program pursuant to Title VIII, Subtitle D, of the National
Affordable Housing Act of 1990, for support of specialized housing throughout the Augusta,
Georgia; Metropolitan Statistical Areas include: Burke, Columbia, McDuffie and Richmond
counties (Georgia) and Aiken and Edgefield counties (South Carolina);
WHEREAS, "Project Sponsor" is a provider of housing and supportive services for persons with
AIDS or related diseases and their families in:Burke,Columbia,McDuffie,Warren and Richmond
counties;
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WHEREAS,Project Sponsor desires to provide renovation,project-based housing assistance, and
supportive services for persons with AIDS or related diseases and the families residing with the
persons with AIDS or related diseases, as more particularly described in Exhibit "A", attached
hereto and by reference made a part hereof,
WHEREAS, this activity is eligible under the HOPWA regulations at 24 CFR 574.3000
(b)(3)(5)(7);
WHEREAS, Augusta desires to enter into an agreement with the Project Sponsor to provide
housing services under the provisions of the Grant in the amount of$ 378,533.00;
WHEREAS, it is in the best interest of Augusta to amend said Agreement,
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein, Augusta and Project Sponsor hereto agree as follows:
ARTICLE 1. SCOPE OF SERVICES
Project Sponsor shall carry out, or cause to be carried out, in a satisfactory and proper manner as
determined by Augusta, all services described or referred to in Exhibit A. Funding is being made
to finance construction costs associated with the development of community residences and to
increase the supply of affordable rental housing in Augusta—Richmond County. In carrying out
these services, Project Sponsor shall:
(a) Operate the program in accordance with the provisions of this Agreement and applicable
HUD regulations;
(b) Conduct an ongoing assessment of the housing assistance and supportive services required
by the participants in the program;
(c) Assure the adequate provision of supportive services to the participants in the program;
and
(d) Comply with such other terms and conditions, including record keeping and reports which
must include racial and ethnic data (on participants) for program monitoring and
evaluations purposes, as Augusta or HUD may establish for purposes of carrying out the
program in an effective and efficient manner.
ARTICLE II. CONSTRUCTION REQUIREMENTS
Permits and Approvals.
(a) All permits and approvals necessary for the construction of the Development on the
Property must be received no later than _, 2017, or such later date that the
County may approve, or the County, at its option, and with thirty(30) days' written notice
and opportunity to cure,may declare Borrower in default hereunder.
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Construction Plans.
(b) Simultaneously with submission to the Augusta Housing and Community Development ,
AMI shall submit to the County a copy of the Construction Plans for the Development.
As used in this Agreement, "Construction Plans" shall mean all construction
documentation upon which the Sponsor's contractor shall rely in constructing all the
improvements on the Property(including the Units, the community building,
landscaping,parking, and common areas) and shall include, but not necessarily be limited
to, final architectural drawings, landscaping plans and specifications, final elevations, and
building plans and specifications(also known as "working drawings").
(c) The AHCD shall, if the Construction Plans submitted conform to the provisions of this
Agreement, approve in writing the Construction Plans. Unless rejected by the County for
their failure to comply with the foregoing requirements within thirty(30) days after
receipt by the County, said Construction Plans shall be deemed accepted. Such approval
of the Construction Plans by the County shall not relieve Sponsor's Obligation to obtain
any and all approvals required by the County Building Services Department.
Construction Contract.
(a) Not later than thirty(30) days prior to the proposed commencement of construction of the
Development, the Borrower shall submit to the County for its approval the proposed
construction contract for the Development. All construction work and professional services
shall be performed by persons or entities licensed or otherwise authorized to perform the
applicable construction work or service in the State of California. Each contract that the
Borrower enters for construction of the Development shall provide that at least ten percent
(10%) of the costs incurred shall be payable only upon completion of construction, subject to
early release of retention for specified subcontractors upon approval by the County. The
construction contract shall include all applicable HOPWA requirements set forth in
ARTICLE VIII through ARTICLE XXX. AHCD's approval of the construction contract
shall in no way be deemed to constitute approval of or concurrence with any term or
condition of the construction contract except as such term or condition may be required by
this Agreement.
(b) Upon receipt of the proposed construction contract, the AHCD shall promptly review same
and approve or disapprove it within ten working(10)days. If the construction contract is not
approved by the County, the County shall set forth in writing and notify the Sponsor of the
County's reasons for withholding such approval. The Sponsor shall thereafter submit a
revised construction contract for County approval, which approval shall be granted or denied
in ten(10)working days in accordance with the procedures set forth above. Any construction
contract executed by the Sponsor for the Development shall be in the form approved by the
AHCD.
Construction Bonds
Prior to commencement of construction of the Development,the Sponsor shall deliver to
AHCD copies of labor and material bonds and performance bonds for the construction of the
Development in an amount equal to one hundred percent(100%)of the scheduled cost of the
Development. Such bonds shall name the County as a co-oblige.
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Commencement of Construction
Borrower shall cause the commencement of construction of the Development no later than
October 1, 2017 or such later date that the ARCD may approve.
Completion of Construction
Sponsor shall diligently prosecute construction of the Development to completion, and
shall cause the completion of the construction no later than December 31, 2017 or such
later date that AHCD may approve.
Construction Responsibilities
(a) It shall be the responsibility of Sponsor to coordinate and schedule the work to be performed
so that commencement and completion of the construction will take place in accordance with
this Agreement.
(b) Sponsorshall be solely responsible for all aspects of Borrower's conduct in connection with
the Development, including(but not limited to)the quality and suitability of the plans and
specifications,the supervision of construction work.
Mechanics Liens, Stop Notices, and Notices of Completion
(a) If any claim of lien is filed against the Property or a stop notice affecting the project is served
on the County or any other lender or other third party in connection with the Development,
then Borrower shall, within twenty(20) days after such filing or service, either pay and fully
discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to
the County a surety bond in sufficient form and amount, or provide the County with other
assurance satisfactory to the County that the claim of lien or stop notice will be paid or
discharged.
(b) If Sponsor fails to discharge any lien, encumbrance, charge, or claim in the manner required
in this Section, then in addition to any other right or remedy,the County may(but shall be
under no obligation to) discharge such lien, encumbrance, charge, or claim at Borrower's
expense. AlternatelyAHCD may require Sponsor to immediately deposit with AHCD the
amount necessary to satisfy such lien or claim and any costs,pending resolution thereof.
AHCD may use such deposit to satisfy any claim or lien that is adversely determined against
Sponsor.
(c) Sponsor shall file a valid notice of cessation or notice of completion upon cessation of
construction on the Development for a continuous period of thirty(30) days or more, and
take all other reasonable steps to forestall the assertion of claims of lien against the Property.
Sponsor authorizes AHCD,but without any obligation,to record any notices of completion
or cessation of labor, or any other notice that AHCD deems necessary or desirable to protect
its interest in the Development and Property.
INSPECTIONS
Sponsor shall permit and facilitate, and shall require its contractors to permit and facilitate,
observation and inspection at the Development by AHCD and by public authorities during reasonable
business hours for the purposes of determining compliance with this Agreement.
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ARTICLE III. OPERATIONS OF DEVELOPMENT AS AFFORDABLE HOUSING
(a) Promptly after completion of construction, the Sponsor shall operate the Development as an
affordable housing development consistent with(i)HUD's requirements for use of the
HOME Loan Funds, (ii)HUD's requirements for use of the HOP WA Loan Funds, and(iii)
the Regulatory Agreement. [Revise to reflect actual funding sources]
(b) Before leasing any Unit in the Development, the Borrower shall submit its proposed form of
lease agreement for the County's review and approval.
(c) Before leasing the Development, the Borrower must provide the County, for its review and
approval, with the Borrower's written tenant selection plan. Borrower's tenant selection plan
must, at a minimum, meet the requirements for tenant selection set out in 24 C.F.R.
92.253(d) and 24 C.F.R. Part 574, and any modifications thereto. The Borrower must
determine the income eligibility of each tenant household in a County-Assisted Units
pursuant to the County's approved tenant certification procedures within sixty(6)days
before the household's expected occupancy of one of the HOP WA assisted units. The
Sponsors shall certify each tenant household's income on an annual basis.
(d) The maximum household income of a household occupying a HOPWA—Assisted unit in the
Devevelopment, and the total charges for rent,utilities, and related services to each
household occupying a HOPWA-Assisted unit, shall be maintained as provided in the
Regulatory Agreement.
NONDISCRIMINATION
The Sponsor covenants by and for itself and its successors and assigns that there shall be no
discrimination against or segregation of a person or of a group of persons on account of race,
color,religion, creed, age, disability, age, sex, sexual orientation,marital status, source of
income, ancestry or national origin in the sale, lease, sublease,transfer,use, occupancy,
tenure or enjoyment of the Property, nor shall the Borrower or any person claiming under or
through the Sponsor established or permit any such practice or practices of discrimination or
segregation with reference to the selection, location,number,use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the Development. The foregoing convenant
shall run with the land.
ARTICLE IV. PERIOD OF THE AGREEMENT; EFFECTIVE DATE
This agreement shall become effective on September , 2017 and end on December 31, 2017,
and unless cancelled pursuant to Article V of this Agreement, shall continue in full force and effect
for the time indicated within this agreement following Augusta full and complete disbursement of
Grant Funds to Project Sponsor, and by reference made a part hereof, whichever comes first.
ARTICLE V. DISBURSEMENT RATES AND REQUIREMENTS
AHCD shall disburse Grant Funds to the Project Sponsor at the rates and in the amounts stipulated
in the Payment Schedule/Procedures. Grant Funds received under this Agreement may not be used
to replace other amounts made available or designated by state or local governments through
appropriation for the same uses as outlined in Article I, Scope of Services.
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The Project Sponsor agrees to cooperate and coordinate in providing assistance under this
Agreement with the agencies of the relevant state and local governments responsible for services
in the area served by the Project Sponsor for eligible persons and other public and private
organizations and agencies providing services for such eligible persons.
The Project Sponsor agrees that no fees, except rent,will be charged of any eligible person for any
services provided with Grant Funds under this Agreement. The Project Sponsor also agrees to
ensure the confidentiality of eligible persons receiving assistance under this Agreement.
The Project Sponsor agrees to ensure the confidentiality of the name of any individual assisted
with Grant Funds and any other information regarding individual receiving assistance.
ARTICLE VI. PROGRAM INCOME
As defined in 24 CFR Part 85, Section 85.25, program income means gross income received by
Project Sponsor that has been directly generated by a HOPWA supported activity, or earned only
as a result of the HOPWA grant agreement. In the event Project Sponsor receives program income
for activities rendered hereunder,Project Sponsor shall account for program income in accordance
with requirements set forth in 24 CFR Part 84,Section 84.24,and observe the provisions of Sections
84.30 through 84.37 regarding the disposition of real property that has been acquired in part or in
whole with HOPWA funds.
ARTICLE VII. BILLING AND REPORTING REQUIREMENTS
Project Sponsor shall submit invoices and all other necessary documentation on a monthly basis
to substantiate payment requests. The invoices and documentation must meet the Augusta's
auditing requirements and provide sufficient detail for a proper pre-audit and post-audit to ensure
proper accounting and disbursement of Grant Funds.
Project Sponsor shall submit cumulative Quarterly and Annual Service Reports utilizing the
Housing Opportunities for Persons with AIDS (HOPWA)Program Annual Progress Report(APR)
titled "Form HUD-40110-C (expiration date 08/31/2011)." Quarterly periods to be reported are
October-December,January-March,April-June. Quarterly Service Reports are due by the 15th day
of the month following the period reported. The Annual Service Report includes the last quarter
period of July-September, covering the entire period of October-September, and is due no later
than November 1st following the close of the program year.
Additional information may be required as a result of requests from Augusta or HUD. However,
such information will not be required retroactively to previous Program Years. The Project
Sponsor agrees to provide such additional information, as requested by Augusta or HUD.
ARTICLE VIII. MODIFICATION
This Agreement may only be amended or modified by a written instrument executed by the duly
authorized representatives of the parties hereto.
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ARTICLE IX. DEFAULT/TERMINATION AND CANCELLATION
A default shall consist of any use of Grant Funds for a purpose other than as authorized by this
Agreement, noncompliance with the AIDS Housing Opportunity Act, 42 U.S.C. Sections 12901
to 12912 or the Housing Opportunities for Persons With AIDS Program Final Rule as amended in
61 FR 7963, February 29, 1996, HOPWA regulations published at 24 CFR 574, and 24 CFR Part
85.43. A default shall also consist of any material breach of the Agreement, failure to comply with
the audit requirements as provided in Article X herein, failure to expend Grant Funds in a timely
manner, or misrepresentations in the application submission which, if known by Augusta and/or
HUD, would have resulted in a Grant not being provided. Upon due notice to the Project Sponsor
of the occurrence of any such default and the provision of a reasonable opportunity to respond,
Augusta and/or HUD may take one or more of the following actions:
(a) Direct the Project Sponsor to submit progress schedules for completing approved
activities;
(b) Issue a letter of warning advising the Project Sponsor of the default, establishing a
date by which corrective action(s) must be completed and placing the Project
Sponsor on notice that more serious sanctions will be taken if the default is not
corrected and/or is repeated;
(c) Direct the Project Sponsor to suspend,discontinue or not incur costs for the affected
activity;
(d) Condition a future Grant;
(e) Reduce or recapture the Grant Funds;
(f) Withhold payment of Grant Funds;
(g) Direct the Project Sponsor to reimburse the program accounts for costs
inappropriately charged to the program;
(h) Other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions, and any other
available remedies; or,
(i) Suspend or terminate this Agreement.
For purposes of this Agreement, a reasonable opportunity to respond to any default shall be ten
(10) calendar days from receipt by Project Sponsor of the Augusta's written notice of such default.
Except as otherwise permitted herein, this Agreement is subject to cancellation by either party on
thirty(30) calendar days advance written notice.
Notwithstanding any provision to the contrary,in the event the Project Sponsor is found in default
of this Agreement or either party elects to cancel this Agreement at any time prior to disbursement
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of grant funds by providing the other party with a minimum of thirty (30) calendar days advance
written notice, the Augusta may elect to continue providing Grant Funds to the Project Sponsor
for the continued provision of rental assistance and/or other housing related services until such
time as the Project Sponsor takes the appropriate corrective action(s)to cure the default or Augusta,
through the request for proposal ("RFP") process, enters into a separate agreement with another
non-profit organization for the provision of services provided herein.
ARTICLE X.ENVIRONMENTAL REVIEW
Project Sponsor agrees that it shall supply their local City or County government with all available,
relevant information necessary to perform any required environmental review pursuant to HUD
regulations at 24 CFR Part 58, as amended, for each property to be acquired, rehabilitated,
converted,leased,repaired or constructed with Grant Funds; it shall carry out mitigating measures
required by their local City or County government or select alternate eligible property; and it shall
not acquire,rehabilitate,convert,lease,repair or construct property,or commit HUD or local funds
to such program activities with respect to any such property, until it has submitted to Augusta
appropriate records of environmental review from their local City or County government and
received notice from the City that the environmental review is complete.
ARTICLE XI. AUDIT REQUIREMENTS
In the event, that during the period of this Agreement, Project Sponsor expends more than
$500,000.00 in federal funds in an operating year from this and other federal grants, Project
Sponsor shall, at its own cost and expense,provide for an independent audit to be conducted. The
audit shall be completed, and a copy furnished to Augusta,within the earlier of thirty(30) calendar
days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period,
unless a longer period is agreed to in advance by Augusta. For purposes of this Agreement, an
operating and/or audit year is the equivalent to the Project Sponsor's fiscal year.The determination
of when Grant Funds are expended is based on when the activity related to the expenditure occurs.
The audit shall be conducted in compliance with the Office of Management and Budget Circular
No. A-133, as amended and 24 CFR Parts 84 and 85, as applicable, which are made a part of this
Agreement by reference thereto. In the event the audit shows that the entire funds disbursed
hereunder, or any portion thereof, were not expended in accordance with the conditions of this
Agreement, Project Sponsor shall be held liable for reimbursement to Augusta of all funds not
expended in accordance with these applicable regulations and Agreement provisions within thirty
(30) calendar days after Augusta has notified Project Sponsor of such non-compliance. Said
reimbursement shall not preclude Augusta from taking any other action as provided in Article VI
herein.
If expenditure does not exceed $500,000.00 during an operating year, Project Sponsor shall
provide Augusta with its annual financial statement within ninety(90) calendar days of the end of
its operating year. Said financial statement shall be prepared by an actively licensed certified public
accountant.
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ARTICLE XII. NON-ASSIGNABILITY
The Project Sponsor shall not assign any rights or obligations under this Agreement without the
prior written consent of Augusta. Any purported assignment of rights or obligations in violation
of this Article is void.
ARTICLE XIII. INSURANCE
During the term of this Agreement, Project Sponsor shall provide, pay for and maintain with
companies satisfactory to Augusta, the types of insurance described herein. All insurance shall be
from responsible companies duly authorized to do business in the State of Georgia. Such insurance
shall be primary coverage afforded to the additional insured and shall contain a cross-liability or
severability of interest clause. Liability policies shall provide that Augusta is an additional insured
as to the operation of the Project Sponsor under this Agreement.
In the event that the Project Sponsor fails to submit the certificate(s) verifying the minimum
coverages and amounts specified herein, Augusta, at its own discretion,may withhold payment of
Grant Funds until such time as the certificate(s) is received by Housing and Community
Development. Each Certificate must be personally manually signed by the Authorized
Representative of the insurance company shown in the Certificate with proof that he/she is an
authorized representative thereof Thirty(30)days written notice by must be given to the City of any
cancellation,intent not to renew,or reduction in the policy coverages,except in the application of the
aggregate liability limits provisions. Should any aggregate limit of liability coverage be reduced, it
shall be immediately increased back to the limit required by this Agreement. The insurance coverages
required herein are to be primary to any insurance carried by the City or any self-insurance program
thereof The Project Sponsor shall be responsible for any deductibles under its policies. The Project
Sponsor shall ensure that all of its contractors and subcontractors carry adequate types and limits
of insurance.
The acceptance of delivery to Augusta of any Certificate of Insurance evidencing the insurance
coverage and limits required hereby, does not constitute approval or agreement by Augusta that
the insurance requirements have been met or that the insurance policies shown in the Certificate
of Insurance are in compliance with the requirements herein.
(a) Workers' Compensation and Employers' Liability Insurance shall be provided for all
employees engaged in the work under this Agreement in accordance with the laws of the
State of Georgia. The amount of the employers' liability insurance shall not be less than
$1,000,000.00 bodily injury by accident each accident, $1,000,000.00 bodily injury disease
each employee, and $1,000,000.00 bodily injury by disease policy limit.
(b) Commercial General Liability Insurance shall be written on ISO occurrence form CG 00
01, or substitute form providing equivalent coverage, with a minimum limit of
$1,000,000.00 each occurrence and a $2,000,000.00 aggregate. Such policy shall include
Augusta as an additional insured and shall cover liability arising from premises and
operations, independent contractors, products and completed operations, personal and
advertising injury, and liability assumed under this Agreement. Completed operations
liability coverage shall be maintained for a minimum of one-year following completion of
the work. The insurance shall not exclude coverage for sexual molestation.
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(c) Automobile Liability Insurance shall be maintained in accordance with the laws of the
State of Georgia as to the ownership, maintenance, and use of all owned, non-owned, or
hired vehicles used in connection with this Agreement. The minimum limit shall be
$500,000.00 bodily injury and property damage combined single limit each accident.
A. U.S. President Executive Order 11246
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's
specifications a program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1965. The Grantee shall provide program
guidelines to the Subrecipient to assist in the formulation of such program. The
Subrecipient shall submit a plan for approval prior to the award of funds.
2. Women-and Minority-Owned Businesses (W/MBE) (24 CFR 570.610 & Part 84
applies)
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement,the terms
"small business" means a business that meets the criteria set forth in section 3 (a) of
the Small Business Act, as amended (15 U.S. C. 632), and "minority and women's
business enterprise" means a business at least fifty-one (51) percent owned and
controlled by minority group members or women. For the purpose of this definition,
"minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans and American Indians. The
Subrecipient may rely on written representations by businesses regarding their status
as minority and female business enterprises in lieu of an independent investigation.
Disclaimer: Augusta-Richmond County, Georgia does not operate a DBE, MBE or
WBE program but rather pursuant to its code of ordinances, this local government
operates instead a local small business opportunity program.
3. Equal Employment Opportunity
The Subrecipient will,in all solicitations or advertisements for employees placed by or
on behalf of the Subrecipient; state that it is an Equal Opportunity.
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4. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs VIII.A, Civil Rights, in
every subcontract or purchase order, specifically or by reference, so that such
provisions will be binding upon each of its own Subrecipients or subcontractors.
Discrimination on the Basis of Age or Disability.
The prohibitions against discrimination based on age under the Age Discrimination Act of
1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146; the
prohibitions against discrimination against disabled individuals (including persons with
HIV/AIDS) under
(d) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR Parts 8 and 9; and applicable provisions of the Americans with
Disabilities Act(42 U.S.C. 12101-12213)and implementing regulations at 28 CFR Part 35
(Nondiscrimination on the Basis of Disability in State and Local Government Services)
and Part 36 (Nondiscrimination on the Basis of Disability by Public Accommodations and
in Commercial Facilities).
ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT
WITH THE MARCH 14,2007 COURT ORDER IN THE CASE, THOMPSON WRECKING,
INC. V. AUGUSTA, GEORGIA, (CIVIL ACTION NO. 1:07-cv-019 9S.D. Ga 2007), IS
VOIDABLE BY THE AUGUSTA GOVERNMENT.
(e) Fair Housing Requirements. The Project Sponsor shall comply with 24 CFR Part 100,
Discriminatory Conduct Under the Fair Housing Act, a regulation issued under the
authority of the Secretary of Housing and Urban Development to administer and enforce
Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988 (42 U.S.C. 3601 —3631).
(f) Affirmative Outreach. The Project Sponsor must adopt procedures to ensure that all
persons who qualify for the assistance, regardless of their race, color, religion, sex, age,
national origin, familial status, or disability, know of the availability of the HOPWA
program, including facilities and services accessible to persons with a disability, and
maintain evidence of implementation of the procedures.
ARTICLE XIV. COMPLIANCE WITH LOCAL, STATE AND FEDERAL RULES,
REGULATIONS AND LAWS
Project Sponsor shall comply with all applicable laws, orders, and codes of the federal, state and
local governments as they pertain to this Agreement,including,but not limited to,the requirements
of OMB Circulars A-122 and A-110. The Project Sponsor shall assist the City in complying with
all of the terms and conditions of the government grants under Title XIII, Subchapter C, Part I of
the Omnibus Budget Reconciliation Act of 1993 (26 U.S.C. 1391, et seq.),incorporated herein and
made part of this Agreement by reference; and under Title VIII, Subtitle D, Housing Opportunities
for Persons with AIDS (HOPWA) Grant Program (24 CFR Part 574), authorized by the AIDS
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Housing Opportunity Act (42 U.S.C. 12901) as amended by the Housing and Community
Development Act of 1992 (Pub. L. 102-55, approved October 28, 1992), incorporated herein and
made part of this Agreement by reference.
Project Sponsor shall likewise comply with the Lead-Based Poisoning Prevention Act (42 U.S.C.
4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at Part 35, subparts A, B, H, J, K, M and R, as applicable.
Project Sponsor,if a faith-based organization, shall comply with the terms and conditions set forth
in CFR 24, Part 5 General HUD Program Requirements; Waivers, Section 5.109, Equal
Participation of Religious Organizations in HUD Programs.
Project Sponsor shall likewise comply with all applicable Augusta, Georgia Housing and
Community Development Division Procedures and Policies as set forth in the City of Augusta
Housing and Community Development Division Manual of Procedures and Standards,
incorporated herein and by reference made a part hereof.
Project Sponsor shall likewise comply with Augusta, Georgia Code of Ethics. Project Sponsor
acknowledges agrees and commits that it shall comply with all applicable governmental and
Augusta,Georgia rules and regulations including the Augusta,Georgia Code of Ethics. The failure
of Project Sponsors to comply with this Business Ethics Commitment shall render this contract
voidable and will subject Project Sponsor to debarment from future Augusta contracts.
ARTICLE XV. PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must recognize
Augusta as a sponsor, funded by HUD.
ARTICLE XVI. MAINTENANCE OF RECORDS
Project Sponsor shall maintain all records and accounts including property, construction,
personnel, client eligibility, housing assistance time limitations, and financial records related to
the provision of services authorized hereunder to assure a proper accounting and monitoring of all
Grant Funds. In the event that Augusta determines that such records are not being adequately
maintained, Augusta may cancel this Agreement in accordance with Article VIII herein.
With respect to all matters covered by this Agreement, records will be made available for
examination, audit, inspection or copying purposes at any time during normal business hours and
as often as Augusta,HUD,representatives of the Comptroller General of the United States or other
federal agency may require. Project Sponsor will permit same to be examined and excerpts or
transcriptions made or duplicated from such records, and audits made of all contracts, invoices,
materials, records of personnel and of employment and other data relating to all matters covered
by this Agreement. Augusta's right of inspection and audit shall obtain likewise with reference to
any audits made by any other agency, whether local, state or federal. Project Sponsor shall retain
all records and supporting documentation applicable to this Agreement for five (5) years from the
date of submission of the annual performance report. If any litigation, claim, negotiation, audit,
monitoring,inspection or other action has been started before the expiration of the required record
retention period,records must be retained until completion of the action and resolution of all issues
which arise from it,or the end of the required period,whichever is later. The retention period starts
Augusta Housing and Community Development Department Page 12
from the date of the City's submission of the Consolidated Annual Performance and Evaluation
Report (CAPER), as prescribed in 24 CFR 91.520, in which the activities as described in Exhibit
"A" are reported on for the final time rather than from the date of submission of the final
expenditure report for the award.
ARTICLE XVII. EVALUATION
Augusta, in accordance with the HOPWA Policies and Procedures issued by the Housing and
Community Development, shall be responsible for monitoring and evaluating all aspects of the
services provided by Project Sponsor under this Agreement. Augusta shall have access to and be
able to make copies and transcriptions of such records as may be necessary in the determination
of Augusta or HUD to accomplish this evaluation, subject to state and federal confidentiality
requirements. In order to properly monitor and evaluate the Project Sponsor's performance under
this Agreement, Augusta shall make on-site inspections as often as it deems necessary. Failure by
the Project Sponsor to assist Augusta in this effort, including allowing Augusta to conduct the on-
site inspections and have access to the Project Sponsor's records, shall result in the imposition of
sanctions as specified in Article VIII herein.
Said evaluation shall be accomplished by Augusta through a management evaluation of the
services provided under this Agreement during the term of this Agreement.
ARTICLE XVIII. NEGATION OF AGENT OR EMPLOYEE STATUS
Project Sponsor shall perform this Agreement as an independent agent and nothing contained
herein shall in any way be construed to constitute the Project Sponsor or any assistant,
representative, agent, employee, independent contractor, partner, affiliate, holding company,
subsidiary or subagent of the Project Sponsor to be a representative, to agent, subagent, or employee
of Augusta. P y
Project Sponsor certifies its understanding that Augusta is not required to withhold any federal
income tax, social security tax, state and local tax, to secure worker's compensation insurance or
employer's liability insurance of any kind, or to take any other action with respect to this insurance
or taxes of the Project Sponsor and assistant(s) of the Project Sponsor.
In no event and under no circumstances shall any provision of this Agreement make Augusta or
any political subdivision of the State of Georgia liable to any person or entity that contracts with
or provides goods or services to the Project Sponsor in connection with the services the Project
Sponsor has agreed to perform hereunder or otherwise, or for any debts or claims of any nature
accruing to any person or entity against the Project Sponsor. There is no contractual relationship,
either express or implied,between Augusta or any political subdivision of the State of Georgia and
any person or entity supplying any work, labor, services, goods or materials to the Project Sponsor
as a result of the provisions of the services provided by the Project Sponsor hereunder or otherwise.
ARTICLE XIX. SUBCONTRACTS
Project Sponsor is required to provide all work pursuant to this Agreement and in no event shall any
portion be subcontracted to any other party without Augusta's prior written consent. If any work is
assigned or subcontracted, it shall not in any way affect the provisions of this Agreement. Project
Sponsor is allowed to subcontract with properly licensed and insured contractors for services,
Augusta Housing and Community Development Department Page 13
including,but not necessarily limited to,new construction and building relocation and rehabilitation.
All contracts with properly licensed contractors shall be in writing and subject to approval by
Augusta.
Project Sponsor agrees to monitor all subcontracted services on a regular basis to assure contract
compliance. Results of monitoring efforts shall be summarized in written reports and supported
with documented evidence of follow-up actions taken to correct areas of noncompliance.
Project Sponsor shall cause all of the provisions of this contract in its entirety to be included in
and made a part of any subcontract executed in the performance of this Agreement. The Project
Sponsor shall undertake to insure that all subcontracts entered into under to the performance of
this Agreement shall be awarded on a fair and open competition basis in accordance with
applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to
Augusta along with documentation concerning the selection process.
Project Sponsor will include the provisions of Articles XIII and XIV, in every subcontract or
purchase order, specifically or by reference, so that such provisions will be binding upon each of
its own subcontractors.
ARTICLE XX. CONFLICT OF INTEREST
Project Sponsor guarantees that no member of, or Delegate to, the Congress of the United States
shall be admitted to any share or part of this contract or to any benefit to arise from the same.
Project Sponsor agrees that no member of the governing body of the locality in which the Project
Sponsor is situated, and no other public official of such locality or localities who exercises or has
exercised any functions or responsibilities with respect to HOPWA-assisted activities, or who is
in a position to participate in a decision making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from the HOPWA-assisted activity, or
have any interest in any contract, subcontract, or agreement with respect thereto, or with respect
to the proceeds thereunder, either for himself or herself or for those with whom he or she has
family or business ties, during his or her tenure or for one (1) year thereafter.
Unless expressly permitted by HUD, Project Sponsor agrees that no person who is an employee,
agent,consultant,officer, or elected or appointed official of the Project Sponsor and who exercises
or has exercised any functions or responsibilities with respect to HOPWA-assisted activities, or
who is in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from the HOPWA-assisted
activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or
with respect to the proceeds thereunder, either for himself or herself or for those with whom he or
she has family or business ties, during his or her tenure or for one(1) year thereafter.
ARTICLE XXI. INDEMNIFICATION
Project Sponsor shall defend, hold harmless and indemnify Augusta from and against any and all
liability, injury, loss, claims, damages, costs, attorneys' fees and expenses of whatever kind or
nature which Augusta may sustain, suffer or incur or be required to pay by reason of: (1) The loss
of any monies paid to Project Sponsor; (2) Fraud, defalcation or dishonesty on the part of any
person representing, employed, contracting, or subcontracting by Project Sponsor; (3) Any act,
omission, wrongdoing, misconduct, want of care or skill, negligence or default on the part of
Augusta Housing and Community Development Department Page 14
Project Sponsor or any of its contractors, subcontractors,material men, suppliers or laborers in the
execution or performance of this Agreement: or (4) A judgment regardless of whether such
judgement is covered by the insurance required under Article XII of this Agreement.
The indemnity hereunder shall survive termination of the Agreement. In the event that any action,
suit or proceeding is brought against Augusta upon any liability arising out of the Agreement, or
any other matter indemnified against,Augusta at once shall give notice in writing thereof to Project
Sponsor by registered or certified mail addressed to Project Sponsor. Upon the receipt of such
notice,Project Sponsor, at its own expense, shall defend against such action and take all such steps
as may be necessary or proper to prevent the obtaining of a judgement against Augusta.
ARTICLE XXII. PUBLIC RECORDS
The Project Sponsor shall assist Augusta in complying with any and all public records requests
made of Augusta pursuant to Chapter 119, Georgia Statutes, with regard to matters pertaining to
this Agreement. As defined in §119.011(1), Georgia Statutes, the term "public records"means all
documents, papers, letters, maps, books, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the transaction
of official business by any agency.
ARTICLE XXIII. SURVIVAL
All provisions of this Agreement intended to survive or to be performed subsequent to the end of
the period of this Agreement shall survive the termination of this Agreement.
ARTICLE XXIV. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
ARTICLE XXV. HEADINGS
All article and descriptive headings of paragraphs in this Agreement are inserted for convenience
only and shall not affect the construction or interpretation hereof.
ARTICLE XXVI. GOVERNING LAW,JURISDICTION AND VENUE
This Agreement shall be governed by, and construed and enforced with, the laws of the State of
Georgia (without regard to the conflicts or choice of law principles thereof). The parties
irrevocably consent to the jurisdiction of the State of Georgia, and agree that the Superior Court
of Richmond County, Georgia, shall be an appropriate and convenient place of venue to resolve
any dispute with respect of this agreement.
ARTICLE XXVII. JURY TRIAL WAIVER
Project Sponsor hereby waives any and all right it may have to a trial by jury of any issue arising
out of or related to this Agreement.
Augusta Housing and Community Development Department Page 15
ARTICLE XXVIII. SEVERABILITY
If any item or provision of this Agreement is held invalid or unenforceable by a court of competent
jurisdiction, the remainder of the Agreement shall not be affected and every other term and
provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE XXIX. NOTICE AND GENERAL CONDITIONS
All notices which may be given pursuant to this Agreement shall be in writing and shall be
delivered by personal service or by certified mail return receipt requested addressed to the parties
at their respective addresses indicated below or as the same may be changed in writing from time
to time. Such notice shall be deemed given on the day on which personally served, or if by mail,
on the fifth day after being posted or the date of actual receipt, whichever is earlier.
Housing& Community Dev. Dept Antioch Ministries, Inc.
Attn: Hawthorne Welcher, Jr., Director Executive Director—Scylance B. Scott, Jr.
925 Laney Walker Blvd. rd Floor 1378 Laney Walker Blvd.
Augusta, Georgia 30901 Augusta, Georgia 30901
ARTICLE XXX. MERGER CLAUSE
This Agreement together with the Exhibits hereto sets forth the entire agreement between the
parties and there are no promises or understandings other than those stated therein. Any and all
Exhibits referenced in this Agreement shall be deemed to be incorporated by reference as though
set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the
provisions in the incorporated Exhibits, then this Agreement will prevail.
ARTICLE XXXI. ESTOPPEL/WAIVER
The failure of the City to enforce any term or condition of this Agreement shall not constitute a
waiver or estoppel of any subsequent violation of this Agreement.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
-- Signature Pages to Follow—
Augusta Housing and Community Development Department Page 16
IN WITNESS HERETO, the parties have set their hands and seals as of the date first written
above
ATTEST: AUGUSTA, GEORGIA
(Grantee)
BY:
�,..r- yls Hardie Davis, Jr. Date
.�'®"`; �� /*�«� '7"? As Its Mayor
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Cle T//�ro ,� . V41 , - ' I 1 1 4 ("/"*"...-------' el ?i I 7
Janice A. Jac • D to
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i241__.wthorne - - Jr. ate
iector, AHCD
ATTEST: ANTIOCH MINISTRIES, INC.
By:
Its: L, /,4eS Date r/. ./7
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Plain Witness Date
Augusta Housing and Community Development Department Page 17
APPENDIX "A"
STATUTES
1. 24 CFR Part 574, Housing Opportunities for Persons with AIDS ("HOPWA")
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. AIA Certificate of Payment
2. Contract and Subcontract Activity report
3. Monthly Report
4. Quarterly Report
5. Annual Report
Augusta Housing and Community Development Department Page 18
APPENDIX B
REPORTING REQUIREMENTS
AMI shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly/Quarterly Progress & Financial Reports
Due the 15th of the month.
2. Annual Progress Report (January 16th) each year
3. Audit/Financial Report by April 30th each year
4. Contract and Subcontract Activity Report on October 5, 2017, December 5, 2017,
April 5, 2018 and October 5, 2018.
5. Shall maintain files on each person assisted. Each filed 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.
Augusta Housing and Community Development Department Page 19
EXHIBIT "C"
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 AHCDD for
review and approval prior to bidding. AHCDD Construction and Rehabilitation Inspectors will
review these items for compliance with new construction and/or rehabilitation standards and
materials used
Rehabilitation Standards: All rehabilitation work will comply with the "Uniform Physical
Condition Standards 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 AHCDD Approved Contractors List.
Eligible Contractors: Any contractor desiring to bid on HOPWA project may apply for inclusion
on the AHCD Approved Contractor List. Applications will be process and either approved or
disapproved within 10 working days. Under no circumstances will barred, disapproved, or
otherwise ineligible contractors be allowed to bid on federally funded projects.
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 20
Approved HOPWA Budget
Antioch Ministries
Categories Approved Budget
Construction 273,600.00
Soft Cost 71,612.00
Developer's Fee 33,321.00
Total 378,533.00
Augusta Housing and Community Development Department Page 21