Loading...
HomeMy WebLinkAbout30901 Development Corpoation Augusta Richmond GA DOCUMENT NAME: ~CJ'10\ ~d~\Y'eI\t- (n"(~\QhCr) DOCUMENT TYPE: o.Lj,<eef\\e.K\t YEAR: ex) BOX NUMBER: \ \ FILE NUMBER: \ ~d5 \ NUMBER OF PAGES: U( . ", I, .-l AGREEMENT between 30901 DEVELOPMENT CORPORATION and AUGUSTA, GEORGIA in the amount of $650,000.00 Six Hundred Fifty Thousand Dollars for Fiscal Year 2000/01 Providing funding for COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT P ARTNERSIDP PROGRAM PROJECTS "CONTRACT" THIS AGREEMENT ("Contract"), is made and entered into as of the I day of ~.-. , 2001, ("the effective date") by and between Augusta, Georgia, acting through the ~ Neighborhood Development Department (hereinafter referred to as "HND") - with principal offices at One lOth Street, Suite 430, Augusta, Georgia 30901, as party of the first part, hereinafter called "Grantor", and the 30901 Development Corporation, Inc. (aka "30901DC"), a non-profit corporation, organized pursuant to the laws of the State of Georgia, hereinafter called "Sub- recipient" or "30901 ", as party in the second part. WITNESSETH WHEREAS, Grantor has received Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program Funds to be used for activities eligible under the :Housing and Community Development Act of 1974, as amended; and WHEREAS, the grantee is a designated Community Housing and Development Organization (CHDO) and Community Based Development Organization (CBDO) - hereinafter referred to as sub-recipient and will be involved in CDBG and HOME eligible activities; and WHEREAS, the sub-recipient has requested and Augusta has approved a total of $500,000.00 to perform CDBG activities as described in Article I, and; WHEREAS, this activity has been determined to be eligible. CDBG activity according to 24 CFR 570 and will meet one or more of the national objectives and criteria outlined at 24 CFR 570.208; ! I WHEREAS, Augusta must reserve not less than fifteen percent (15%) of its allocated HOME funds I for investment in housing to be developed, sponsored or owned by a designated Community Housing Development Corporation (CHDO); and 1 I , ~ ! 1 I WHEREAS, the sub-recipient has requested and Augusta has approved a total of $150,000.00 to perform HOME activities as described in Article I, and; WHEREAS, this activity has been determined to be eligible HOME activity according to 24 CFR 92.504( c )(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations. WHEREAS, the sub-recipient has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, the Augusta-Richmond County Commission has approved this project and allocated the necessary funds to the project. 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. Purpose of Project Utilizing a combination of CDBG and HOME funding, the sub-recipient is to develop, produce, own or manage 'housing related development projects, programs, and services. These activities will improve housing and neighborhood conditions primarily for persons of low and moderate incomes. The project proposed under this contract involves the rehabilitation, reconstruction and construction of single family homes in the Turpin Hill Neighborhood in the City of Augusta. Specifically, this project provides for the rehabilitation, re-construction and construction of approximately 30 single- family affordable homes in the Turpin Hill Area. The development project will be implelpented over a multi-year period throughout the Corporation's entire service boundaries, including: Wrightsboro Road to the North; Augusta A venue to the East; McCauley Street to the west; and Tutt Avenue to the South. This contract represents the fIrst phase of the redevelopment project which provides for the reconstruction and construction of approximately 12 low to moderate-income residential units. This first phase project will principally impact the area within the boundaries including: Roulette Lane to the North; Augusta Avenue to the East; Holley Street to the West and Poplar Street to the South. The various components of the project include: pre-development and administration, land acquisition, construction, rehabilitation and streetscape improvements. Other project amenities include but not limited to: street lighting, indoor alarm systems and landscaping. Additional infrastructure improvements will be carried out in connection with the development projedt including: improvements to roads and sidewalks, utilities and- other such other activities consistent with the development objectives for the project. Projected use of the CDBG and HOME funds is ~ follows: I 2 , - . , 1. CDBG funding in the amount of $500,000.00 to support the re-construction of approximately eleven (11) houses and associated casts including specific infrastructure improvements necessary to complete the individual housing units. 2. HOME funding in the amount of $150,000.00 to support construction of one (1) or more low to moderate income affordable single-family housing unit and associated project costs in compliance with 24 CFR 92.504(c)(13). It has been determined that the use of CDBG and HOME funds by the CHDO/CBDO will be in compliance with 24 CFR 570.2000) and 24 CFR Part 92. These activities will meet the national objectives of Low/Moderate Income Housing [570.208 a)(3)]. Notwithstanding any other provisions of this contract, the sub-recipient will provide activities and services as described in the sub-recipient's 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 X of this contract. The sub-recipient. will be compensated in accordance with the Project Budget that specifically identify the use of HOME, CDBG and other project fundiJ?g as represented in Exhibit XX of this Contract. B. Method of Operation The sub-recipient, its Directors, Officers and staff will carry out and oversee the implementation of programs and projects to be funded with CDBG and HOME funds. Upon approval by Grantor, Sub-recipient may engage the services of outside professional services consultants and contractors to help carry out the program and projects. C. Program Location and Specific Goals to be Achieved 1. Sub-recipient shall conduct project development activities and related services, exclusive of administrative operations, in the areas throughout its designated geographic boundaries. This project will support first phase development activities that will principally impact the area within the boundaries, including: Roulette Lane to the North; Augusta A venue to the East; Holley Street on the West; and Poplar Street to the South. 2. Sub-recipient will use $500,000.00 in CDBG funds to perform development actIVItIes permitted under 24 CFR 570 Subpart C, "Eligible Activities", and those regulations referenced within said federal statute. 3. Grantor shall designate and make CDBG funds available in the following manner: (a). In addition, administrative expenses shall be reimbursed-at 25% of the CDBG or HOME funded portion of the total project cost for each completed unit of rehabilitated or reconstructed housing that is sold with appropriate supporting documentation (e.g., closing documents). Administrative funds must be spent in accordance with ARTICLE IV. ... ~ , ; (b). Sub-recipient shall be reimbursed a total of $650,000.00 for project expenses related to the provision of services and activities, subject to approval by Grantor, in compliance with 24 CFR 570 Subpart C. (c) Reimbursement shall be granted upon completion of the project and upon sale of said rehabilitated or reconstructed residential unit and upon submission of a proper request for reimbursement with appropriate supporting documentation - (See ARTICLE IV). Grantor will monitor the progress of project and sub-recipient's performance on a monthly basis with regards to the production of housing units and the overall effectiveness of project. 3. Grantor shall designate and make CDBG and HOME funds available to provide direct assistance to facilitate and expand homeownership among persons of low and moderate income by using the following types of assistance, subject to compliance with HUD regulation. (a). Assist existing homeowners with rehabilitation or reconstruction of owner occupied units; (b). Subsidize interest rate and mortgage principal amounts to homeowners for rehabilitation or reconstruction; (c). Acquire guarantees for mortgage (permanent) financing obtained from private lenders to homeowners for the purpose of rehabilitation or reconstruction. (d). Provide up to 50% of any down payment required - up to $10,000 - or such other limits as may be approved by HUD; or, (e). Pay reasonable closing cost associated with purchase of a home - up to $3,000.00 per unit or such other limits as approved by BUD. D. Timetable for Completion of Project Activities Sub-recipient shall obligate the designated CDBG and HOME funds within 18 months of the execution of this Agreement. Sub-recipient shall expend the designated CDBG funds within 24 months of the execution date of this Agreement and in accordance with ARTICLE VIII, herein. The sub-recipient has submitted a project schedule and project budget that outlines all critical milestones and projected expenditures during the course of the development project. These documents will become an official part of the contractual agreement and provide the basis for overall project performance me?SUJements. I E. Budget: Limitations Sub-recipient shall be paid a total consideration of $650,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole 4 responsibility of the Sub-recipient. 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 Grantor in the geographic area described in ARTICLE 1. (C)(1) - unless otherwise agreed to by grantor and sub-recipient. ARTICLE II. TERM OF CONTRACT The term of this agreement shall commence on the date when this agreement is approved by the Augusta-Richmond County Commission and signed by sub-recipient (whichever date is later); and shall end at the completion of all program activities, within the time specified in Article I D, or according to ARTICLE IX. SUSPENSION AND TERMINATION ARTICLE III. BUDGET AND METHOD OF PAYMENT A. The maximum amount payable by Grantor under this contract shall be $650,000.00. B. Grantor agrees to pay Sub-recipient for project expenses incurred as provided for in ARTICLE I, Section E above; provided that a suspension of payment as provided for in ARTICLE IX' , hereof has not occurred, and provided further that' Sub-recipient has complied with the procedures for documenting expenses and activities as set forth in ARTICLE IV herein. C. This Agreement is based upon the availability of Community Development Block Grant and , HOME Investment Partnership Program Funds. ARTICLE IV. DOCUMENT A TION AND PAYMENT A. In no event shall Grantor provide advance funding to the Sub-recipient or any subcontractor hereunder. All payments to the Sub-recipient by Grantor will be on a reimbursement basis. B. The Sub-recipient shall maintain a separate account- and accounting process for CDBG and HOME funding sources. C. The sub-recipient shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Subject to sub-recipient's compliance with the provisions of this Agreement, Grantor agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-IIO "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. i F. Requests by the Sub-recipient for payment shall be accompanied by proper documentation and shall be submitted to Grantor, transmitted by a cover memo, for approval no later than thirty 5 (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: "Reimbursement Request" form to be supplied by Grantor, copies of invoices, receipts, other evidence of indebtedness, budget itemization and descriptions of specific activities undertaken. Where CDBG or HOME funds are to be used to reimburse salary expenditures, proper documentation to include: "Time Sheet" forms supplied by Grantor, photocopies of paychecks, paycheck stubs and/or payroll documentation. Invoices shall not be honored if received by Grantor later than sixty (60) calendar days after expiration date of this Agreement. G. Sub-recipient shall have an adequate [mancial system and internal fiscal controls. H. Unexpended Funds: Unexpended funds shall be retained by Grantor. Upon written request, Grantor may consider the reallocation of unexpended funds to eligible projects proposed by Sub-recipient. ARTICLE V. REPAYMENT /PROGRAM INCOME A. Sub-recipient agrees that any program income received as a result of this program .less eligible' costs incidental to the generation of said income shall be returned to Grantor, unless otherwise specified and agreed to between the sub-recipient and grantor. Program income means gross income received by the grantee directly generated from the use of CDBG or HOME funds in accordance with 24 CFR 570.500 and 24 CFR 92.504(c)(3), respectively. B. Sub-recipient agrees that any program income generated by an activity, that is only partially' assisted with CDBG or HOME funds shall be prorated to reflect the percentage of program income to be returned to Grantor by Sub-recipient. C. The receipt and disposition by CHDO of repayments as defined in 24 CFR 92.503(b) shall be in accordance with provisions of24 CFR 92.504(c)(3) which provides that all repayment interest and other return on the investment of HOME funds shall be remitted by the CHDO to Augusta unless otherwise specified. Where HOME funds are used to construct or rehabilitate homes for sale- to eligible buyers, repayment shall be remitted to Augusta in accordance with the following procedure: 1. The CHDO is to retain seventy-five percent (75%) of the HOME funds it draws down under this contract to construct or rehabilitate houses for sale to eligible home buyers. The funds to be retained shall include second mortgage notes and cash return on investment provided the combined total retained equals seventy-five percent (75%) of the amount drawn down to rehabilitate or construct each house. 2. The twenty-five percent (25%) of funds drawn down that can be kept by the CHDO include project developer fees. The CHDO may also keep any interest it earns on funds it recovers through the sale of each house. 6 3. Should the cost of developing a property for sale to a home buyer exceed the appraised value/sale price of the property, CHDO will retain no less than $7500:00 of the 25% of HOME funds it used to develop the property. It will apply the balance, if any. Of the 25% of HOME funds toward writing down the cost of development to the appraised value/sale price of the house. If after doing this additional write-down funds are needed, CHDO may reduce the HOME ~ds it is to retain (i.e., the 75% of HOME funds used) by the needed amount. 4. The amounts provided in this, Section for maintenance by the CHDO may be adjusted such that the CHDO is allowed to maintain a larger percentage of the funds if the CHDO demonstrates, to the satisfaction of HND, that it requires additional funds for operation. D. All funds retained by CHDO must be used for HOME-eligible activities or other housing activities that benefit low-income families as required by 24 CFR 92.300(a)(2). E. In accordance with 24 CFR 570.503 (b) (8), sub-recipient shall transfer to Grantor upon expiration of this contract, any CDBG or HOME funds on hand at the time of expiration of any accounts receivable attributable to the use of said CDBG or HOME funds. F. Any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must either: 1. 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 2. Be disposed of in a manner that results in Grantor being reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures ofnon-CDBG funds for acquisition of, or improvement to, the property. ARTICLE VI. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS A. In order to document the low and moderate income benefit required in 24 CFR 570.200 (a) (2), Sub-recipient shall maintain records that document all clients served by the Sub- recipient with CDBG funds. In addition to records that document the number of clients served, the Sub-recipient shall also document each client's race, family size, annual I household income, and whether or not the family is female-headed. Grantor shall supply "Income Verification" forms which, when completed by those clients served by Sub- i recipient, shall provide the information and verification described above. : i B. Sub-recipient shall prepare and submit reports relative to this project to Grantor at Grantor's I request. Grantor shall supply Sub-recipient with the following report forms and require the same to be completed as requested by Grantor: "Monthly Services", "Quarterly Progress", 7 "Quarterly Financial" and "Annual Report". Further explanation and report due dates are found in APPENDIX B below. C. Sub-recipient shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Grantor under this Agreement. D. Sub-recipient shall make all records for this project available to Grantor, 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. E. In compliance with OMB Circular, A-II 0 regarding retention and custodial requirements for records, sub-recipient shall maintain financial records, supporting documents, statistical records, and all othe~ records pertinent to this Agreement for a period of thre~ years, with the following qualifications: 1. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit fmdings involving the records have been resolved. 2. Records for non-expendable personal property acquired with Community Development Block 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. F. Sub-recipients spending federal funds shall provide to Grantor an organization-wide- audited fmancial statement consisting of a balance sheet, income statement and a statement of changes in the financial position, all prepared by a certified public accountant. Such financial disclosure information shall be filed with Grantor within one hundred eighty (180) calendar days after the close of the Sub-recipient's fiscal year. The Sub-recipient is responsible for costs associated with the audit. Failure to comply may result in reallocation of funding and termination of the contract. Other sub-recipients shall supply, upon request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Grantor under this, Agreement. G. Open Records Disclosure: Sub-recipient's records related to this Agreement and the services to be provided under the grant may be a public record subject to Georgia's Open Records Act (O.c.G.A. S 50-18-70). Sub-recipient agrees to comply with the Open Records Act should a request be submitted to it. Further, Sub-recipient agrees to comply with the provisions of the Open Meetings Law and the following compliance measures will be taken: Sub-recipient will notify 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 8 meetings; it 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 provisions of the Open Meetings Law. The press, public and the Grantee shall not be denied admittance to the Sub-recipient's board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. Sub-recipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VII. ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest Sub-recipient agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36,570.611, OMB Circular A-II0 and OMB Circular A-t02 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Sub-recipient. No person' described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the CDBG or 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 fmancial interest or benefit from the activities, or have a fmancial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have' business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defmed 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. Sub-recipient in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) B. Sub-recipient shall comply with the requirements and standards of OMB Circular A-122 "Cost Principles for Non-Profit Organizations" and 24 CFR part 570.502(b), "Applicability of Uniform Administrative Requirements." C. Grantor may, from time to time, request changes in the scope of the Agreement and obligations to be performed hereunder by the Sub-recipient. Such changes which are to be mutually agreed upon by and between Grantor and the Sub-recipient shall be incorporated by written directive to the Sub-recipient. D. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included part in parcel to this Agreement. 9 ARTICLE VIII. OTHER REQUIREMENTS A. Fair Housing Sub-recipient agrees that it will conduct and administer CDBG and HOME activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act", and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Sub-recipient publications and/or advertisements. (24 CFR 570.601) B. Non-Discrimination Sub-recipient agrees to comply with 24 CFR Part I, which provides that n'o person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. C. Non-Discrimination and Residential Property. Sub-recipient agrees, in accordance with Executive Order 11063 and 12259 that it will not discriminate because of race, color, religion, sex, or national origin in the sale, leasing, rental or other disposition of residential property and related facilities, .or in the use of occupancy thereof, if such property and related facilities are, among other things, provided' in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Federal Government. D. Labor Standards 1. General Sub-recipient agrees that in instances in which there is construction work of over $2,000 fmanced in whole or in part with CDBG or HOME funds under this Agreement, the Sub-recipient will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR I 570.603) .- _ I i 2. Labor Matters i I No person employed in the work covered by this contract shall be discharged or i~ any way discriminated against because he or she has filed any complaint or instituted 10 or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. Environmental Standards Sub-recipient agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Grantor in complying with the Act and regulations, and that no activities will be undertaken until notified by Grantor that the activity is in compliance with the Act and regulations. Prior to beginning an activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department. (24 CFR 570.604) F. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), sub- recipient agrees that CDBG and/or HOME funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) , as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of-the Flood Disaster Protection Act of 1973. G. Displacement and Relocation Sub-recipient agrees'to take all reasonable steps to minimize displacement of persons as a result of CDBG or HOME assisted activities. Any such activities assisted with CDBG and/or HOME funds will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the HouSing and Community Development Act of 1974 (24 CFR 570.606). H. Non-Discrimination in Employment Sub-recipient agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. The Sub-recipient will in all solicitations or advertisements for employees placed by or on behalf of the Sub-recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. 1. Employment and Business Opportunities Sub-recipient agrees that to the greatest extent feasible, opportunities for training and employment be given to low and moderate income persons residing within Augusta- Richmond County; and that contracts for work in connection with the project be awarded 11 to eligible business concerns which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) J. Lead-Based Paint In accordance with Section 92.355 of the HOME Regulations and Section 570.608 of the CDBG Regulations, sub-recipient agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures; and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. Debarred, Suspended or Ineligible Contractor Sub-recipient agrees to comply with 24 CFR 570.609 with regard to the direct or indirect use of any contractor during any period of debannent, suspension or placement in ineligibility status. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, sub-recipient agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Publicity Any publicity generated by the Sub-recipient 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 Depamnent of Housing and Neighborhood Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timely Expenditure of Funds In accordance with 24 CFR 85.43, if the Sub-recipient fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE IX. For purposes of this Agreement, timely expenditure of funds means the Sub-recipient shall obligate and expend its funds as designated under ARTICLE I. (C), (D) and (E). i O. Compliance with Laws and Permits , The Sub-recipient shall comply with all.applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property 12 in performing any of the work embraced by this contract. Sub-recipient agrees to obtain all necessary permits for intended improvements or activities. P. Assignment of Contract The Sub-recipient shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Grantor. Q. Equal Employment Opportunity The sub-recipient agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 D.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 D.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations. R. Affirmative Action The Sub..:recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. The Sub-recipient will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or familial status. Such action shall include, but not be limited to the following:' employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The Sub-recipient agrees to post in conspicuous places, available to employees .and applicants for employment, notices to be provided by Grantor setting forth the provisions of this nondiscrimination clause. The Sub-recipient agrees to make efforts to encourage the use of minority and women-owned business enterprises in connection with CDBG activities. S. Religious Influence The Sub-recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. The Sub-recipient will not discriminate against any person applying for shelter on the basis of religion. Sub-recipient will ,provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. ' 13 T. Indirect Costs Indirect costs wilt only be paid if Subrecipient has a indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. Travel If applicable, sub-recipient shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). V. Construction Requirements - SEE APPENDIX C. ARTICLE IX. SUSPENSION AND TERMINATION A. The Sub-recipient agrees that if it materially fails to comply with any term of this Agreement, including the timely completion of activities as described in the timetable' contained in the Statement of Work at ARTICLE 1. (D), or the provisions of ARTICLE VIII. (N), Grantor may temporarily withhold cash payments pending correction of the deficiency, or who 11 y or partly suspend or terminate the current award for the Sub-recipient's program. B. Notwithstanding the above, the sub-recipient shall not be relieved of liability to Grantor for damages sustained by Grantor 'by virtue of any breach of this Agreement by the sub-' recipient and Grantor in addition to any other remedies it may have at law or equity, may withhold any payments to the Sub-recipient for the purposes of setoff until such time as the exact amount of damages is determined. C. In the best interest of the program and in order to better serve the people in the target areas and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing.so. In the event Grantor terminates the Agreement, Grantor shall pay Sub-recipient for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sub-recipient shall not be relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this Agreement with respect to CDBG or HOME funds previously disbursed or income derived therefrom. ARTICLE X. NOTICES Whenever either parry 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. Grantor will receive all notice at the place addressed: 14 Augusta-Richmond County Housing and Neighborhood Development Department One, Tenth Street, Suite 430 Augusta, Georgia 30901 ARTICLE XI. INDEMNIFICATION The sub-recipient will at all times hereafter indemnify and hold hannless grantor, 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. Sub-recipient, by execution of this Agreement specifically, consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. ARTICLE XII. INSURANCE AND BONDING Sub-recipient 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 Grantor. Additionally, Sub-recipient shall procure and provide for approval by Grantor a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of the Sub-recipient handling or charged with the responsibility for handling 'funds and property pursuant to this contract. Sub-recipient shall procure and provide, for' approval by the' Grantor, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the Grantor, the Mayor, Commissioners, and Grantor's officers, agents, members, employees, and successors. Additionally, the Sub-recipient shall procure officers and directors liability insurance under policies to be approved by the Grantor. All of the above policies shall provide that no act or omission of the Grantee, its agents, servants or employees shall invalidate any insurance coverage for other named insureds. No insurance policy providing insurance coverage required to be provided by the Subrecipient hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the Grantor. ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations~ agreements, or understandings applicable to the matters contai_ned 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 except as provided in ARTICLE XIV. I , Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 15 Grantor is not obligated to provide funding of any kind to Sub-recipient beyond the term of this Agreement. ARTICLE XlV. 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. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above. - .... - ""- ;,,~ ATIEST: . . ::-' f ~ , I: ,'i - , "" " ~ " ;. .0.,/, - ~. -, <~,/- ~ ~.." ~~ . ~I;:bL -- / ATIEST: 30901 DEVELOPMENT CORPORATION (As Sub-Recipient) SEAL ~ ~ BY: d. ~ _. /Dr. S Davis, Chairman of the Board As its Corporate Secretary (plain Witness) 16 APPENDIX A Statutes: 24 CFR 570, Community Development Block Grants 24 CFR Part 92, HOME Investment Partnerships Program ("HOrvfE") OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-B3 - Audits ofInstitutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act Augusta-Richmond COlmty Procurement Policy Forms: CDBG Income Verification and Income Limits Table Inventory Time Sheet Reimbursement Request Monthly Statistical Reports Quarterly Program Progress Quarterly Financial Report Annual Program Report Travel Log Conflict of Interest Affidavit 17 APPENDIX B REPORTING REQUIREMENTS The Sub-recipient shall submit to the Grantee the following reports for the term of this agreement. 1. Monthly Statistical Reports Due each month by the 10th for the previous month. 2. Quarterly Progress & Financial Reports Due: Ari115, 2001; July 15,2001; October 15,2001 and January 15,2002. 3. Annual Progress Report 4. AuditlFinancial Report 5. Sub-recipient 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. 18 APPENDIX C. CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 1997 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. "National Electric Code", latest edition, National Fire Protection Association, 'Quincy, Massachusetts. E. Model Energy Code, 1995, Council of American Building Officials. F. "ADA Accessibility Guidelines for Buildings and Facilities", Department of Justice, Americans with Disabilities Act of 1990." G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 - Occupational Safety and Health Standards, Chapter xvn of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972.) 1. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 V.S.C. 470f). 2. Bidding: A. Only contractors included on the Augusta-Richmond County Housing & Neighborhood Development Department Approved Contractor List may bid on construction projects funded with CDBG funds B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid. 19 C. All bidding documents and procedures will be made available for HND review upon request 3. Eligible Contractors: Any contractor desiring to bid on CDBG projects may apply for inclusion on the HND Approved Contractor List. Applications will be processed and either approved or disapproved within 10 working days. Under no circumstances will barred, disapproved, or otherwise ineligible contractors be allowed to bid on CDBG funded projects. 4. Project Review. All plans, specifications, work write-ups, punch lists, or other means of outlining work on a particular -project will be submitted in writing to HND for review and approval prior to bidding. HND Rehabilitation Inspectors will review these items for compliance with rehabilitation standards and material use. 5. Rehabilitation Standards. All rehabilitation work win comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Neighborhood Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the HND Approved Contractors List. A copy is enclosed for' inclusion. 6. Inspections. All projects will be inspected and approved by an HND Rehabilitation Inspector prior to release of the funds for that project. 20 A IT ACHMENTS Sub-recipient Notebook and all contents therein including the statutes and forms listed In APPENDIX A are hereby attached and included as part in parcel to this Agreement. 21