HomeMy WebLinkAboutAugusta Neighborhood Improvement Corporation (2)
Augusta Richmond GA
DOCUMENT NAME /,\U JUS taNCijh bOYhDed TYYlprOvemenf
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DOCUMENT TYPE: A~ YOC YY\en+
YEAR:
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BOX NUMBER: 9
FILE NUMBER: I LJ[QO &'
NUMBER OF PAGES:
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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
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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.
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--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:
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(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.
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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.
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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.
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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:
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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The Subrecioient will at all times hereafter indemnify and hold harmless. Grantor, its officers,
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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.
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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
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G . .
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b) n I,. 1..
Q.~~ liT \}-<'A'X~
(Plain Witness) (J.
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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
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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.
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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.
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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.
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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.
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