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HomeMy WebLinkAboutAugusta Neighborhood Improvement Corporation (2) Augusta Richmond GA DOCUMENT NAME /,\U JUS taNCijh bOYhDed TYYlprOvemenf COr-pokt t-iOrl DOCUMENT TYPE: A~ YOC YY\en+ YEAR: /qq CJ BOX NUMBER: 9 FILE NUMBER: I LJ[QO &' NUMBER OF PAGES: UJ ; ,l' , , .&;r :; 1 T ~ .; ,y' ~',. 7. -<. \ AGREEMENT between AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPOR:\.TION and AUGUSTA, GEORGIA in the amount of $1,000,000.00 One Million Dollars for F iscal Year 1999/00 Providing funding for (/ ( COMMUNITY DEVELOPMENT BLOCK GR-\NT PROJECTS THIS AGREEl'vlENT, is made and entered into by and bet\veen Augusta, Georgia, acting through the Housing and Neighborhood Development Department with principal offices at One, lOth Street, Suite 430, Augusta, Georgia 30901, as party of the first part hereinafter called "Grantor", and Augusta Neighborhood Improvement Corporation, a non-profit corporation organized pursuant to the laws of th~ State of Georgia, hereinafter called "S ubrecipient" or "A-NIC", as party in the second part. WITNESSETH WHEREAS, Grantor has received Community Development Block Grant (CDBG) funds to be used for activities eligible under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Subrecipient will be involved in CDBG eligible activities; and WHEREAS, the Subrecipient has requested $1,000,000.00 for the CDBG activities 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 objective criteria outlined at 24 eFR 570.208; WHEREAS, the Subrecipient 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. \ , t' < . I f I ..., T ~' ,- .' , --NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to bind themselves to the following terms and conditions. ARTICLE I. STATEMENT OF WORK A . Purpose of Proiect Subrecipient is to develop, produce, own, and/or manage projects, programs, and services designed to improve housing and neighborhood conditions primarily for persons of low and moderate income. Subrecipient may also engage in such economic development activities Qn behalf of the State of Georgia, Augusta, or such other political entities as may be designated or created, to improve the quality of life for the citizens of Augusta, which may include, but is not limited to, improving the overall physical appearance of Augusta, the construction of parks and buildings for use by the citizens of Augusta and such other activities consistent with the mission of this corporation. It has been determined that the use of CDBG funds by Subrecipient will be in compliance with 24 CFR 570.200(j) on the prohibition of support for religious activities or to primarily religious entities. The activity wiiI meet the national objective of Low/Nfoderate Income Housing (570.208 (a) (3)]. B. Method of Operation Subrecipient, it's Directors, Officers and staff will carry out and oversee the implementation of programs and projects funded with CDBG funds. Upon approval by Grantor, Subrecipient and/or it's eligible customers may employ the services of outside consultants and contractors to help carry out the program and projects. C. Program Location and Specific Goals to be Achieved 1. Subrecipient shall conduct project services and activities, exclusive of administrative operations, within the area bounded by the following geographic features: Walton Way on the North, Laney-Walker Blvd. on the South, 12th Street on the West and Th Street on the East. 2. Subrecipient will use $l.,OOO,OOO.OO in CDBG funds to work on and complete only those activities allowed 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: 2 ~' ~ .. \ . j' .. '," " .' . (a) $100,000.00 for administrative expenses, subject to approval by Grantor and in compliance with-24 CFR 570. Subrecipient shall be advanced $25,000 of the administrative expense. Funds shall be reimbursed by Grant monthly based upon eligibility of supporting documentation (see ARTICLE IV). Grantor shall reimburse A-NIC within ten (10) of receipt of proper documentation (see ARTICLE IV) with the total of advanced funds and reimbursement not to exceed $100,000 for Administrative costs. Additionally, Subrecipientwill receive $1,000.00 per unit in administrative expense, up to a maximum of$lOO,OOO.OO, for each unit completed as defined in ARTICLE 1. (C)(3 )(b) below. All Administrative funds must be spent in accordance ARTICLE IV. The total amount of funds to be reimbursed for administrative costs shall not exceed $200,000.00. (b) $800,000.00 for reimbursement of expenses related to provision of services and activities, subject to approval by Grantor, in compliance with 24 CFR 570 Subpan C. Subrecipient shall receive a reimburseme::t 2....'TIount of S7,500.00 fer eClch newly constructed or rehabilitated residential house upon completion of construction or rehabilitation and sale of said completed unit. and upon submission of proper request for reimbursement with supporting documentarion (see "~,R1ICLE IV). Approximately 100 homes are to be built or rehabilitated in accordance with ARTICLE 1. (D) of this Agreement. 4. Grantor shall designate and make CDBG 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 repairs, rehabilitation or reconstruction of owner occupied units, (b) Subsidize interest rate and mortgage principle amounts to homeowners for repairs, rehabilitation or reconstruction (c) Acquire guarantees for mortgage tinancing obtained trom . private lenders to homeowners for the purpose of repairs, rehabilitation or reconstruction. (d) Provide up to 50% of any down payment required, up to $2,500.00 per unit or such other limits as 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 HUD. ... .) ,.. ., f j' . D. Timetable for ComDletion of Activities Subrecipient shall obligate the designated CDBG funds within 18 months of the execution of this Agreement. Subrecipient shall expend the designated CDBG funds within 24 months of the execution date of this Agreement and in accordance with ARTICLE VIII, herein. E. Budget; Limitations Subrecipient shall be paid a total consideration of $1 ,000.000.00' for full performance ofthe services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the Subrecipient. It is understood by both parties to this contract thatthe _ funding provided under this contract, for this specific project, shall be the only funds provided by Grantor in the geographic are3. described in ARTICLE 1. (C)(1). No housing? rehabilitation or economic development funds including, but not limited to, CDBG and HOME funds will be provided to other programs, projects or persons located the above named geographic area. ARTICLE H. TER'/! OF C 0 i''i'T~~ -\ CT The term of this Agreement shall commence on [he date when the Agreement is approved by the Augusta Richmond County COffirnissic:11na signed by Subrecipient, whicnever 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 At'JD TERMINATION. ARTICLE III. BUDGET AND METHOD OF PAYMENT A. The ma'{imum amount payable by Grantor under this contract shall be $1,000,000.00. . B. Grantor agrees to pay the Subrecipient for project expenses incurred as provided for in ARTICLE I~ Section E above, provided a suspension of payment as provided for in ARTICLE IX hereof has not occurred, and provided further that Subrecipient has complied with the procedures for documenting expenses and activities as set forth in ARTICLE IV herein. C. This Agreement is contingent upon the availability of Community Development Block Gnint funds. ARTICLE IV. DOCUMENTATION AND PAYMENT A. In no event shall Grantor provide advance funding to the Subrecipient or any subcontractor hereunder. All payments to the Subrecipient by Grantor will be on a reimbursement basis. B. The Subrecipient shall maintain a separate accounting for these funds. 4 ., 1 C. The Subrecipient shall not use these funds for any purPose other than the purpose set forth in this Agreement. D. Subject to Subrecipient'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-II 0 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. F. Requests by the Subrecipient 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 (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 Gmmor, '.:opies of invoices, receipts, other evidence of indebtedness, budget itemization and descriptions of specific activities undertaken. Where CDBG funds will be used to reimburse salary expenditures, proper documentation will include: "Time Sheet" forms supplied by Gramor, 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. Subrecipient shall have an adequate financial 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 Subrecipient. ARTICLE V. PROGRAt'\tI INCOME A. Subrecipient 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 specified o[her..vise. Program income means gross income received by the grantee directly generated from the use of CDBG funds in accordance with 24 CFR 570.500. B. Subrecipient agrees that any program income generated by an activity that is only partially assisted with CDBG funds shall be prorated to reflect the percentage of program income to be returned to Grantor by Subrecipient. C. In accordance with 24 CFR 570.50~ (b) (8), Subrecipient shall transfer to Grantor upon expiration of this contract, any CD BG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 5 IJ 'i 7 i' D. ..<\ny real property under the Subrecipient'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 of non-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 err) (2), Subrecipient shall maintain records that document all clients served by the Subrecipient with CDBG funds. In addition to records that document the number of clients served, the Subrecipient shall also document each client's race, family size, annual household income, arid \vhether or not the family is female-headed. Grantor shall supply "Income Verification" forms which, when completed by those clients served by Subrecipient, shall provide the information and verification described above. B. Subrecipient shall prepare and submit reports relative to this project to Grantor at Grantor's request. Grantor shall supply Subrecipient with the following report forms and require the same to be completed as requested by Grantor: "Monthly Services", "Quarterly Progress", "Quarterly Financial" and "Annual Report". Further explanation and report due dates are found in APPENDIX B below. C. Subrecipient 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 Qrantor under this Agreement. D. Subrecipient 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. Incompliance with OMB Circular A-II 0 regarding retention and custodial requirements for records, Subrecipient shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: 6 ~, l. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 2. Records for nonexpendable personal property acquired with Community Development Block Grant funds shall be retained for three years after its final disposition. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per uni t. F. Subrecipients spending federal funds shall provide to Grantor an organization-wide _ audited financial statement consisting of a balance sheet, income statement and a statement of changes in the tinancial position, all prepared by a certified public accountant. Such tlnancial disclosure information shall be filed with Grantor within one hundred eighty (180) calendar days after the close of the Subrecipient's fiscal year. The Subrecipient is responsible for costs associated with the audit. Failure to comply may result in reallocation or funding and termination of the contract. Other subrecipients 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: Subrecipient'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.9 50-18-70). Subrecipient agrees to comply with the Open Records Act should a request be submitted to it. Further, Subrecipient agrees-to-comply with the-provisions of the Open Meetings Law and the following compliance measures will be taken: S ubrecipient 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 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 hy 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 Subrecipient's board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes or each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VII. ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest Subrecipient agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, o~m Circular A-ll0 and OMB Circular A-102 as appropriate. 7 ..., This contlicr of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Subrecipiem. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the CDBG activities the subject of this contract, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interes(or benefit from the activities, or have a tinancial interest in any contract, subcontract, 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 defined in the above cited volume and provisions of the Code of Federal Regulations, includes those related as Spouse, Father, Mother, Fatl}er-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. Subrecipient in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Connict of Imerest Affidavit. (A{fidavit form attached as part in parcel to this A.greem~!1I) B. Subrecipient shall comply with the requirements aGO standards of 01tfB Circular A-122 "Cost Principles for Non-Protit Organizmions"lnd 2~ C?R part 570.502(0), "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 Subrecipient. Such changes, which are mutually agreed upon by and between Grantor and the Subrecipient shall be incorporated by written directive to the Subrecipient. 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. ARTICLE VIII. OTHER REQUIREMENTS A. Fair Housing . . Subrecipient agrees that it will conduct and administer CDBG activiti.~s 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 \vill affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Subrecipiem publications and/or advertisements. (24 CFR 570.601) B. Non-Discrimination 8 1. ",1 Subrecipient agrees to comply with 24 CFR Part L \vhich provides that no person shall on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of or be subjected 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 Subrecipient 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 Govermnent. D. Labor Standards 1. Ge:1er::.l Subrecipient agrees that in instances in which there is construction work of over :b2,OOO financed in whole or in pan \vitn CDBG funds under this Agreement, the Subrecipient will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603) 2. Labor Matters No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testifY in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. Environmental Standards Subrecipient 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 9 0' Department. (24 CFR 570.604) F. Flood r nsurance Subrecipiem agrees that CDBG 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) unless the community is participating in the National Flood Insurance Program, or less than a year has passed since FEMA notification and flood insurance is obtained in accordance with section 1 02( a) of the Flood Disaster Protection Act of 1973. G. Disnlacement and Relocation Subrecipient agrees to take all reasonable steps to minimize displacement of persons as a result of CDBG assisted activities and will conduct activities assisted with CDBG funds in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ::LTld 24 CFR 570.606. H. Non-Discrimination in Emnlovment Subrecipiem agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the perfonpance of Federal or Federally assisted construction contracts. The Subrecipient will in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, 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 Subrecipient 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 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 Subrecipient agrees to comply with the Lead Based Paint Poisoning Prevention Act's prohibition against the use of lead-based paim 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 paim poisoning and the elimination of lead-based paint hazards. 10 ~, K. Debarred. Suspended. .or Ineligible Contractor Subrecipient agrees to comply with 24 CFR 570.609 with regard to the direct or indirect use of any contractor during any period of debarment, suspension, or placement in ineligibility status. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, Subrecipient.agrees to administer a P91icy . 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 Subrecipient 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 in making the project possible. The words "Augusta-Richmond County Department of Housing and Neighborhood Development" will be explicitly stated in any and all pieces of publicity, including but not limited to t1yers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timelv Expenditure of Funds In accordance with 24 CFR 85.43, if the Subrecipient 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 Subrecipient shall obligate and expend it's funds as designated under ARTICLE I. (C), (D) and (E). O. Compliance with Laws: Permits The S'ubrecipient 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 in performing any of the work embraced by this contract. Subrecipient agrees to obtain all necessary permits for intended improvements or activities. P. Assignabilitv The Subrecipient shall not assign any interest in this contract and shall not transfer any 11 ~, interest in the same without the prior wTitten approval of Grantor. Q. Eaual Emplovment Opportunity The Subrecipient agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.c. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations. R. Affirmative Action The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. The Subrecipient wiil take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religioc., sex, l13.t:or:.:::i origin, or familial status. Such action shall include, but not be limited to the follo\ving: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of payor other forms of compensation; and selection for training, including ,J.~s:'remicesnip. The Subrecipient 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 Subrecipient agrees to make efforts to encourage the use of minority and women-owned business enterprises in connection with CDBG activities. S. Religious Influence The Subrecipient wiU 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 Subrecipient will not discriminate against any person applying for shelter on the basis of religion. Subrecipient 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. T. Indirect Costs Indirect costs will 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, Subrecipiem shallobtain prior written approval from the Grantee for any travel 12 . : #. 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 TERIVIINATION A. The Subrecipient 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 wh9Uy or partly suspend or terminate the current award for the Subrecipient's program. B. Notwithstanding the above, the Subrecipient shall not be relieved ofliability to Grantor for damages sustained by Grantor by virtue of any breach of this Agreement by the Subrecipiem, and Grantor, in addition to any other remedies it may have at law or equity, may withhold any payments to the Subrecipient for the pl.~rposes of setoff 1.mtil such time as the exact amount of damages is determined. C. In the best interest of the progr:.l.ll1 2mci ;n order to better serv'c the people in the target areas and fulfill the purposes 0 f the Act, either parry 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 Subrecipient for documented committed eligible costs incurred prior to the date of notice of termination. . D. Notwithstanding any termination or suspension of this Agreement, Subrecipientshall 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 toCDBG funds previously disbursed or income derived therefrom. ARTICLE X. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, add~essed to the party. for whom it is intended, at the place last specified, and the place for giving of notice shaH remain such until it shall have been changed by written notice. Grantor.will receive all notice at the place addressed: Augusta-Richmond County Housing and Neighborhood Development Department One, Tenth Street, Suite 430 Augusta, Georgia 30901 ARTICLE XI. INDEMNIFICA TION l3 ... The Subrecioient will at all times hereafter indemnify and hold harmless. Grantor, its officers, ... ." . agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, anorney 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. Subrecipiem, 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 XlI. INSURANCE AND BONDING Subrecipient 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, Subrecipient 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 ~l:e Si_;br~r.:ipiem handling or sha!'gec! with the responsibility for handling funds and property pursmmt to this contract. Subrecipient 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 Gr3.Il<:ee and adding as named insureds the Gramor, the Mayor, Commissioners, and Grantor's officers, agems, members, employees, and successors. Additionally, the Subrecipient 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 wrinen 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 maners contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document except as provided in ARTICLE XIV. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Grantor is not obligated to provide funding of any kind to Subrecipient beyond the term of this Agreement. 14 .J' 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. SEAL ATTEST: vj}/!Jt!lItzM/ Le 1. onner . Clerk of Commission ATTEST: AUGUSTA NEIGHBORHOOD IMPROVENlENT CORPORATION (Subrecipient) .'SEAL By:fio/#%/ ~PJ4<;)/I~ . . 1 I As its President ~J\"" ~,~ . ~ Corporate Secretary ~~ . G . . I (', .' .' b) n I,. 1.. Q.~~ liT \}-<'A'X~ (Plain Witness) (J. 15 APPENDIX A Statutes: 24 CFR 570 Community Development Block Grants OMB Circular A-II 0 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A-I22 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - 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 County 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 Connict of Iriterest Affidavit l6 APPENDIX B REPORTING REQUIREMENTS The Subrecipient 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 April 15, 1999, July l5, 1999, October 15,1999 and January 15,2000. 3. Annual Progress Report 4. AuditfFinancial Report 5. Subrecipient shall maintain files on each person assisted. Each file, shaH contain, but is not ~estricted to, income data and verification for each person assisted, application for services, ;-eccrd of .:;er-iiccs prcvided, ilillOunt of servi;.:es provided, documentation of costs for which assistance is provided, transportation log, documentation of medical need regarding prescriptions, any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. l7 . .. \1"" ~ . . -. . ~ APPENDIX C. CONSTRUCTION REQUIREMENTS I. 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, Massac:::.use:ts. 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 XVII 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 U.S.c. 470f). 2. Bidding: A. Only contractors included on the Augusta-Richmond County Housing & Neighborhood Development Depanment 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. 18 ~ \.1'" ," . t . 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 H1'fD 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 will comply with the "Uniform Physical Condition Standards lor HUD Housing." Workmanship and material standards will comply with the Augusta-Rid'unond 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. 19 ."..... .' I ~, ' -, '" :l .' . ATTACHMENTS Subrecipient 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. 20