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HomeMy WebLinkAboutAUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION INC YR 2008 CDBG PROGRAM , ., ~ , , ORIGINAL AGREEMENT BElWEEN AUGUSTA, GEORGIA AND AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION, INC. FOR YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM This Agreement is made and entered into this 10th day of ~ 2008, by and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County Commission, as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION, INC. (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93- 383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in this Article 1. Community Development Block Grant (CDBG) Program or "Program" The term "Community Development Block Grant (CDBG) Program," or "Program" shall mean that program administered by the Housing and Community Development Department of the City and funded by a Community Development Block Grant applied for by the City and awarded by HUD as authorized pursuant to Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended. Deparbnent The term "Department" shall mean the Housing and Community Development Department of the City. Grantee The term "Grantee" shall mean the City as Grantee of a Community Development Block Grant awarded by HUD. City The term "City" shall mean Augusta, Georgia. HUD The term "HUD" shall mean the U. S. Department of Housing and Urban Development. Project The term "Project" shall mean the project or projects set forth in Article III hereto entitled "Scope of Services and Timetable." Low- and Moderate-Income Household The term "Low and Moderate Income Household" shall mean a household having an income equal to or less than the Section 8 low-income limit established by HUD. CDBG #08181 Page 1 ,i If' Low- and Moderate-Income Person The term "Low- and Moderate-Income Person" shall mean a member of a family having an income equal to or less than the Section 8 low-income limit established by HUD (80% of Area Median Income). Unrelated individuals will be considered as one-person families for this purpose. Household Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other related or unrelated person who share living arrangements. ARTICLE II: PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the "Act") consolidated several existing programs for community development into a single program of Community Development Block Grants (hereinafter "CDBG") for the purpose of allowing local discretion for the determination of needs and priorities of community development. The citizens of Augusta through citizen participation workshops, the Mayor, and Commission determined the needs and priorities of community development in the City. 2. Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in City's CDBG submission to HUD, referred to as the Annual Plan. The City determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: a. Activities benefiting low- and moderate-income persons; b. Activities which aid in the prevention or elimination of slum and/or blight; and/or, c. Activities designed to meet community development needs having a particular urgency. The City has determined that the Project is a CDBG eligible activity as it addresses one or more of these objectives. 3. Under the Rules and Regulations of HUD, the City is administrator for the Program, and is mandated to comply with various statutes, rules and regulations of the United States, as they pertain to the allocation and expenditure of funds as well as protecting the interest of certain classes of individuals who reside in the City of Augusta. 4. The Grantee is desirous of disbursing the funds to the Subrecipient for use in the Project. However, as administrator for the Program, the Grantee desires to obtain the assurance from the Subrecipient that it will comply with all applicable statutes, rules and regulations of the United States, the State of Georgia, and/or the City relating to the Project and the Program, as a condition precedent to the release of such funds to the Subrecipient. CDBG #08181 Page 2 (' ARTICLE III: PROJECT The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Three Hundred and Three Thousand. One Hundred Seventv-Ei2ht dollars and no cents ($:-:tO~.178.oo) (hereinafter the "Grant") to implement the following project(s): James Brown Plaza Subrecipient will construct a new commercial establishment on .46 acres to consist of a 4,000 square feet office/retail condominium. This project will complement the impending development of the new Judicial Center, Public Library and housing development in the Laney-Walker neighborhood. Said project is more fully set forth in Exhibit "A" attached hereto and made a part hereof. Subrecipient will notify Grantee of each acquisition and closing date to ensure Grantee is granted a property lien on each property acquired. ARTICLE IV: NOTICES Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta, Georgia Attention: David S. Copenhaver, Mayor 530 Greene Street, 8th Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, III, Director 925 Laney-Walker Boulevard, 2nd Floor Augusta, Georgia 30901 If to Subrecipient: Augusta Neighborhood Improvement Corporation, Inc. Attention: Robert A. Cooks, President 925 Laney-Walker Boulevard, 3rd Floor Augusta, Georgia 30901 ARTICLE V: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.s. Housing and Urban Development regulations conrerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsIbilities and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. CDBG #08181 Page 3 B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 8448, Bonding and Insurance. F. Grantee's Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments 1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. 2. It is further understood that the Grantee is respollSlble to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposErl by its Subrecipient. In the event that the Grantee approves any modification, amendment, or aheration to the funding allocation, the SubrEripient shall be notified pursuant to Article V and such notification shall constitute an official amendmentto this Agreement. 3. It is further agreed that the Subrecipient will submit to the Grantee within thirty (30) days of the completion of each project a complete financial acrounting of all its project activities. 4. The Department's Director shall be authorized to approve line item changes to the Subrecipient's budget as long as such changes do not increase in the grant amount set forth in the "Budget". CDBG #08181 Page 4 5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments resuh in a change in the funding, the scope of services, or schedule of the 6. activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient. 7. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement. No amendment will be granted to extend the agreement beyond the established end of grant period. H. Suspension/Termination/Default In accordance with 24 CFR 8543, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include , but are not limited to the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at anytime; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations underthis Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respret. 5. Subsequent to the purchase of the property, if the redevelopment does not materialize withANIC as an equity partner, the property reverts back to AHCDD. 6. If jobs are not created and maintained as specified in the agreement, the contract will be considered in default. As such, a job creation default will require that the subrecipient reimburse the grantee the proportionate share of the grant in relationship to the jobs not created, such as, if there was a 30 % default on jobs to be created and maintained, the repayment due to AHCDD will be 30% of the grant. In acrordanre with 24 CFR 8544, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. ARTICLE VI: ADMINISTRATIVE REOUlREMENTS A. Financial Management 1. Acrounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. CDBG #08181 Page 5 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. a. Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers, or documents relating to the Projret. b. Subrecipient agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement. c. All Grant funds disbursed through a Community Development Block Grant shall be used only for eligible activities specifically outlined in this Agreement. The Subrecipient shall comply with any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not comply with the conditions and timetables, or if the Subrecipient ceases to exist or provide the services for which the Grant was made, the Subrecipient will not carry out another CDBG eligible project, the Subrecipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement. B. Documentation and Recordkee?ing 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBGprogram; c. Records required to determine the eligibility of activities; d. Records required to document the a<X}uisition, improvement, use or disposition of real property a<X)Uired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. CDBG #08181 Page 6 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited by unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. So Ckre-outs The Subrecipient's obligation to the Grantee shall not end until all closeout requirements are completed. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee, and the Grantee may in its discretion reprogram the funds to another CDBG eligible project. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed . necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report "annually" all program income [as defined at 24 CFR 570.500(a)] generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be used by Subrecipient for this CDBG activity with an accounting of program income being provided annually to Grantee for the life of this Agreement. Any interest earned on cash advances from the U.s. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. CDBG #08181 Page 7 Program income anticipated to be generated from the use of CDBG funds for this project has not been determined, but must be provided to Grantee when known by Subrecipient. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Invoicing and Payment Procedures a. In order to obtain reimbursement from the Grantee in connection with the Project, Subrecipient shall provide the following information: (1) Subrecipient shall submit Monthly Progress Reports for the Project in the form attached hereto as Exhibit "D" detailing accomplishments for the report period. The Monthly Progress Report must accompany all requests for payment until all funds have been expended. In the event that all funds are expended prior to the expiration of the agreement period, reports must continue to be submitted until December 31, 2009. (2) Request for reimbursement by Subrecipient shall be accompanied by invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. (3) The Grantee agrees to reimburse costs allowable under Federal, State and Local guidelines. b. Upon receiving the invoices, reports and other material, the Department shall audit such documentation to determine whether the items invoiced are eligible for reimbursement under applicable Federal, State and local laws and regulations. c. The Department shall authorize the Grantee's Financial Officer to reimburse the Subrecipient for all costs it determines are eligible for reimbursement, pursuant to the audit. Payments will be made on a monthly basis with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the 15th day of each calendar month. for work performed during the preceding calendar month. The Subrecipient shall not claim reimbursement from the Grantee for that portion of its obligations which has been paid by another source of revenue. d. The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and the Grantee policy concerning payments. The Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Re,ports The Subrecipient shall submit Monthly Progress Reports to the Grantee in the form (Exhibit D), content, as required by the Grantee. Progress reports shall be submitted by the 15th day of each month for prior month activities. CDBG #08181 Page 8 5. Annual Re.ports The Subrecipient shall submit an Annual Performance Report to the Grantee in the form (Exhibit E), content as required by the Grantee. The Annual Performance Report shall be submitted to Grantee by January 15 following the year of the grant period. D. Procurement 1. Compliance The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Personal property means property of any kind except real property. All program assets (unexpended program income and/or property) shall revert to the Grantee upon termination of this Agreement. a. All procurement transactions regardless of whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open free competition consistent with the Cost Principles for Non-Profit Organizations, OMB Circular A-110 "Procurement Standards." b. Subrecipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3- Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attnbutableto the use of funds under this Agreement if this Agreement is cancelled orterminated. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR570.208 until ten (10) years after expiration of this Agreement or such longer period of time as the Grantee deems appropriate. 3. Upon disbursement of any amount of funds to Subrecipient for the acquisition of any real property to be used for any use or purpose by the Subrecipient, the Grantee and the Subrecipient shall execute a promissory note and deed to secure debt which shall contain such terms and conditions as the Grantee in its sole discretion shall require. 4. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the CDBG #08181 Page 9 currentfair 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. Such payment shall constitute program income to the Grantee. The Subreclpient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period or such longer period of time as the Grantee deems appropriate. 5. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be: a. b. Transferred to the Grantee for the CDBG program, or Retained after compensating the Grantee for an amount equal to the current fair market. ARTICLE VII: RELOCATION REAL PROPERTY ACOUISITION AND ONE-FOR-ONE HOUSING REPlACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti- displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. ARTICLE VIII: PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights L Complianre a. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. b. In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban Development Act regarding Equal Employment Opportunity, the Subrecipient agrees and understands that no person shall be discriminated against on the grounds of race, color, national origin, age, familial status, handicap or sex. Further assurance is also given that the Subrecipient will immediately take any measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight at the Project location, for the benefit of interested parties, and all subcontractors will be notified of the policy provisions. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. CDBG #08181 Page 10 3. Land Covenants This Agreement is subject to the requirements of TItle VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself discriminate. 4. Section fi04 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necesscuy for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Aq:>roved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval priorto the awatd of funds. 2. Women- and Minority-Dwned Businesses CW/MBEl (24 CFRfi70.610 & Part 84 applies) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.s.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the pmpose of this definition, "minority group members" are AfrcrAmericans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Acn>ss to REmrds The Subrecipient shall furnish and cause each of its own Subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. CDBG #08181 Page 11 4- Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other Agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in ronspicuous plares available to employees and applicants for employment. 5. Equal Employment OpjJortunitv andAffirmative.Action (EEO/ M) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient; state that it is an Equal Opportunity or Affirmative Action employer. 6. Subrontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in evezy subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Subrecipients or subcontractors. C. Employment Restrictions 1. Prolnbited.Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. labor Standards The Subnripient agrees to romplywith thereJUirements of the Soo:etuyofLaborin a<rordanre with the Davis-Baron Ad: as amended, the provisions of Contract Worl<. Hours and Safety Standards Ad: (40 U.s.C. 327et seq.) and all other applimb1e FErleIal, slate and 100U laws and regulations pertaining to laborstandarxls irudar as those acts apply to theperformanre of this Agreement The Subrecipient agrees to romplywith the CopelandAnti-Kirk Bark Ad: (18 U.s.C. 874 et seq.) and its implementing regulations of the US Department of Labor at 29 CFR Part So The Subrecipient shall maintain documentation that demonstrate> rompIianre with hour and wage Itq1.1irements of this part. Such documentationshall be made availabletothe Granteefor reviewupon m:prest. The SuOOripient agrees that. exrept: with respect to the rehabilitation or ronstruction of residential property rontaining less than cight: (8) units, all rontractors engaged under Contrads in excess of $2,000.00 for ronstruction, renovation or repair ~Ik financed in whole or in part with assistanre providErl under this Agreement, shall romply with FErleIal reJUirements adopted by the Grantre pertaining to such Agreements and with applicable reJUirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 geMming the payment of wages and ratio of apprentires and trainees to journey WOIkers; provided that, if wage rates higher than those re:}Uired under the regulations are imposed by state or local law, nothing hereunder is intendErl to relieve the Submipient of its obligation, if any, to require plyment of the higher wage. The SubrEripient shall muse or requi.re to be inserted in full, in all such Agreements subjErt to such regulations, provisions mretingthe Itq1.1irements of this paragraph. a. "SEdion 1" Qause (1) Conu>lianre Complianre with the provisions of Section 3 of the HUD Ad: of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 13S, and all applicable rules and orders issoo:l hereunder prior to CDBG #08181 Page 12 the execution of this Agreement, shall be a rondition of the FOOeral financial a$istanre providoo under this Agrrement and binding upon the Grantee, the Subreci:pient and any of the Subrocipient's subm::ipients and subcontractors. Failure to fulfill these m}Uirements shall su.bjErt the Grantee, the Subn:ripient and any of the Subnripient's subrecipients and subrontractors, their suoo:>.5&)rs and as5igns, to those sanctions specifioo by the Agreement through which Ferleral assistanre is provided. The Subrocipient rertifies and agrres that no rontractual or other disability exists that ~uld prevent romp1ianrewith these m:}Uirements. The Subreci:pient further agree; to romply with these "Section 3" nquirements and to include the fullowing language in all su1xx>ntracts executOO underthisAgreement: 'The ~rl< to be performoo under this Agreement is a projErt a.ssi.sIEd under a program providing direct Federal financial assistanre from HUD and is su.bjE:rtto the nquirements of SErtion 3 of the Housing and Urban Development Act of 1968, as amende:l (12 US.e. 1701). SErtion 3 ~thattothe gmrtest extent feasible opportunities for training and employment be giwn to low- and veIy low-inrome residents of the project area, and that Agrrements fur~rk in ronnErtion with the project: be awarded to business roncems that provide m:>nomic opportunities for low- and veIy low-income pelIDIlS residing in the metropolitm. area in which the prqject is loomd" The Subreci:pient further agree; to ensure that opportunities for training and employment arising in ronnretion with a housing rehabilitation (including reduction and almement oflead-ba.rm paint hazards), housing ronstruction, or other public ronstruction projErt are given to low- and very low-income peroons residing within the metropolitan area in which the CDBG-funded project is locatoo; where feasible, priority should be given to low- and very low-income persons within the seIVice area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs and award Agreements fur work undertaken in conn(rtion with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-fundoo project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the seIVice area or the neighborhqod in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrocipient <Htifies and agrees that no Agreement or other legal incapacity exists that \\QuId prevent romplianrewith these m}Uirements. 3- Notifications The Subreci:pient agree; to ~ to each labor orgaJ.1imion or representative of ~Ikers with which it has a roI1ective bargaining agreement or other Agrrement or understanding, if any, a notice advising said labor organi7ation or ~rl<er's representative of its oommitments under this SErtion 3 clause and shall post oopies of the notice in ronspicuous places available to employees and applicants for employment or training. 4- Subrontracts The Subreci:pient will include this Section 3 clause in eveIy subcontract and will take appropriate action pursuant to the subcontract t1p)l1 a finding that the subrontractor is in violation of regulations issuOO by the grantor agen~. The Subrecipient will not subcontract with any entity where it has notire or lmCMiedge that the latter has bren found in violation of regulations under 24 CFR Part 135 and will not let any sulmntract unless the entity has fust provided it with a preliminary statement of ability to romplywith themJUirements of these regulations. CDBG #08181 Page 13 50 Conduct a. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written oonsent of the Grantre thereto; provided, hCMeVer, that claims for money due or to bErome due to the Subnripient from the Grantee under this Agreement may be ~ed to a bank, trust oompany, or other financial institution without such approval. Notire of any such assignment or transfer shall be furnished promptlytotheGrantee. 6. Sulxnntracl:s a. Approvals The Subrecipi.ent shall not enter into any suboontracts with any agency orindividual in the performance of this Agreement withoutthe written consent of the Grantee priorto the execution of such agreement. b. Monitoring The Subnripient will monitor all suboontracted services on a regular 00sis to ~ Agreement oomplianre. Results of monitoring efforts shall be summarized in written reports and supported with documentedevidenre offoIlow-up actions taken tooomrt areasofnonoomplianre. c. Content The Subrecipient shall muse all of the provisions of this Agreement in its entirety to be included in and made a paItof anysuboontract exronooin theperformanreofthisAgreement. d SelErtion Process The Sul:m:ripient shall undertake to insure that all subcontracts let in the performanre of this Agreement shall be awarded on a fuir and <J.Pffi oompelition 00sis in acrordanre with applicable pn:xmement n:quirements. ExEmted oopies of all suboontracts shall be forwarded to the Grantee along with documentation conremingtheselection proa:ss. 7. Hatcl1Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of TItle V of the U.s.C. 8. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 8442 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the peIformanre of its officers, employees or agents engaged in the award and administration of Agreements supported by FErleral funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, an Agreement supported by Federal funds if a conflict of interest, real or apparent, would be involved. CDBG #08181 Page 14 c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 9. LobQying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. d Lobbving Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Couvright If this Agreement results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable lirense to reprodure, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. ReligiousActivities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. CDBG #08181 Page 15 ARTICLE IX: ENVIRONMENTALCONDmONS A. Air and Water The Subrecipient agrees to complywith the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U .s.C., 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements spEcified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.s.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.s.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Presetvation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. ARTICLE X: SEVERABIliTY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. CDBG #08181 Page 16 ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. ARTICLE XII: WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. ARTICLE XIII: ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with I'ffipect to this Agreement. (This space intentionally left blank) CDBG #08181 Page 17 SIGNATURE PAGE ArrEST: IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. SEA L ~~"'?,\(;'j;',~~"" :,;,';:~~MOjVl:' '~iI'.:l. ,,,,,,, "C '~!l. .- 51..,...... -().. \~\ ~6~4 _ . ,..:,.- lyJ. l,.\'J .. lit'." ..;~ 'l.~, ~ ~t .;' '" .'"... ., '~l LenafJ!.: ,,~i.,\{t:";'P(i. E ~ :~ Clerk of ~mInisSioii);.:/;C~;';>: f1 ~ r n, r;!:i:'~;j,.._,___ .,:i: ~ty t1 <;. ':'", > ~.wi\ l' ;f e\ ~"'O t~(,. '-;.,,,(1; ~ v~;' ~~~$:jl:(;~\lu. ~~' ~l" . t'\.!'> ""-" "i!~.,GE'f\'~,,"~' ",,<1l1'" , \;\'~~t"'-"'\:i~;';:;~~'''' ATTEST: SEAL ~'-~~ uincy L. obertson As its Corporate Secretary (Plain Witness) CDBG #08181 By: AUGUSTA, GEORGIA /7 /7 (Grantee) ud:fd.{I-- D as.Co~r As its Mayor ~kJ( ~cM ,./ Frederick L. Russell ;~L ~ Administrator ~-- Chester A. Wheeler, III Director ARC ~" Page 18 EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the James Brown Plaza Project in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Subrecipient will acquire land and properties located in the Laney- WaIker neighborhood bounded by: North - Walton Way; East - Eighth Street; South - Barnes Street and West - James Brown Boulevard. The purpose for the acquisition of properties is to construct a new commercial establishment to consist of a 4,000 square feet office/retail condominium. The plaza will contain twenty (20) units that will sell at $75,000 per unit. Retail spaces will be on the lower level with offices on the upper level. The upper level may be converted to residential use. However, final highest and best use must be approved by the AHCDD Director. Such project will include the following activities eligible under the Community Development Block Grant Program: 1. SCOPE OF SERVICES A. Activities · Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; · Acquisition must be coordinated with the appropriate AHCDD staff managing the URA and Property Acquisition Process; · Procure a Highest and Best Use Analysis if requested by the AHCDD; · Notify Grantee of each acquisition/property purchase, developer transactions, sale and lease of space to businesses; · Ensure commercial/retail facility is constructed in a timely manner; · Enter into agreement(s) with developer(s) for development of facility; · Enter into agreement(s) with business(es) stipulating that jobs must be created for low to mooerMeincomeperrons;and · Require businesses to prepare, keep and maintain records that allow the Subrecipient and Grantee to determine whether they are complying with the terms of Subrecipient agreement. Program Delivery · Convey property to developer for development of James Brown Plaza Project; · Sell or lease condominium units and lease retail space to businesses; · Effectively use facility in a manner to serve the Laney-Walker and surrounding neighborhoods; and · Create nine (9) jobs for low to mooerate income perrons within forty-eight (48) months from the commencement of this agreement. These must be newly created jobs to be maintained for ten (10) years. General Administration The Board of Directors manages the Subrecipient, the President of Subrecipient manages the agency's finance and programs. CDBG #08181 Page 19 The Subrecipient will acquire properties within the designated area for development of the James Brown Plaza. B. NationalObiective The Subrecipient certifies that the activity carried out under this Agreement will meet the National Objective of benefitting low and moderate income persons by the creation of jobs. Subrecipient will meet the requirements under the regulations for job creation by creating nine (9) full time jobs for low to moderate income persons. Job creation means the creation of new, permanent positions. Construction jobs to complete an activity do not count. A full-time equivalent job is calculated based on a 40-hour work week (2,080 hours per year). All jobs created must be maintained for a period of at least ten (10) years. c. LEVELS OF ACCOMPLISHMENT- Goals and Perlormance Measures The Subrecipient agrees to provide the following levels of program services: Activi rties&constructooecommemMfu~ D. Staffing · Robert A. Cooks, President, responsible for operation of project · Development Coordinator responsible for coordination of acquisition activities · Secretary responsible for support and clerical aspects of project E. Perlormance Monitoring The Subrecipient agrees that the Department may carry out periodic monitoring activities as determined necessary by the Department. At a minimum, monitoring shall occur annually, and it may occur more frequently if the Department deems it necessary. The Department will provide the Subrecipient with advance notice in writing prior to any monitoring activities. Such monitoring shall consist of evaluating the Subrecipient's compliance with the terms and conditions of this Agreement, and comparing the Subrecipient's projected Project schedule, budget and output with its actual perlormance. Upon request, the Subrecipient shall furnish the Department, the Grantee, or its designee copies of such records and information as the Department or the Grantee deems necessary. In addition, the Subrecipient shall submit monthly progress reports as required by this Agreement, and shall prepare such other reports as may be required by the Department, the Grantee and/or HUD. The Grantee will monitor the performance of the Subrecipient against goals and perlormance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard perlormance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, Agreement suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on July 10, 2008 and end on December 31, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. CDBG #08181 Page 20 III. BUDGET Line Item Acquisition of real property, appraisals, legal fees & relocation costs TOTAL Amount $303,178 $30~.178 Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and Community Development Department. N. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $~0~.178. Draw downs for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. Subrecipient is also responsible for submitting to the Grantee, monthly progress reports, time sheets (if applicable), mileage (if applicable), invoices and any other documentation deemed necessary by the monitoring official during the funding cycle. These records shall be retained up to five (5) years after the Agreement expires. EXHIBIT "B" PROGRAM REOUIREMENTS Subrecipient shall operate this project funded through the City's Community Development Block Grant Program according to the following guidelines: 1. Accounting and related records of Subrecipient shall comprise the following as a minimum: a. Voucher System - All supporting documentation, such as purchase order, invoices, receiving reports and requisitions. b. Books of Original Entry - Cash receipts and disbursements journal, general ledger. c. Chart of Accounts - Listing of accounts must be maintained in the accounting system. d. Personnel Records - Separate personnel file shall be maintained for each project employee. As a minimum, the file shall contain a resume of the employee, a description of duties assigned, and a record of the date employed, rate of pay at the time of employment, subsequent pay adjustments, and documentation supporting leave taken by the employee. e. Attendance Record - Attendance records shall be maintained for all personnel paid with CDBG funds. This applies to part-time as well as full-time personnel. In addition to accounting for daily attendance, the type of leave taken (annual, sick, or other), shall be disclosed. Daily attendance records must support budgetary changes for payroll purposes. CDBG #08181 Page 21 f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall be maintained. Such records shall disclose each employee's name, job title, social security number, date hired, rate of pay, and all required deductions for tax purposes. Timely quarterly payment of taxes withheld from employees for the Federal Government, along with required matching costs, are required. In addition, all charges for payroll purposes shall be in accordance with the budget submitted to the Grantee. g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient. All checks, stubs, etc. shall be prenumbered and accounted for, including voided checks. Check stubs, cancelled checks, and deposit slips must be readily available for audit purposes. h. Petty Cash - Subrecipient is encouraged to use an imprest system and adhere to a monthly, or if necessary, more frequent reimbursement procedure if any CDBG funds are used as petty cash. i. Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable standard for purchasing practices. Local purchasing practices and other procedures shall prevail unless State and/or Federal practices and procedures are more stringent. Therefore, Subrecipient is obligated to conform to the more restrictive practices and procedures. It is recommended that Subrecipient use a formal prenumbered purchase order system where possible and applicable. j. Inventories - Subrecipient is advised to maintain adequate safeguards against loss by theft or physical deterioration of any inventories of office supplies, equipment, or other items purchased with CDBG funds. k. Property Records - Subrecipient is required to maintain formal subsidiary records to control all project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all. property. An annual inventory should be conducted, and the books shall reflect the actual value of property on hand at the end of the fiscal year. 2. All project accounting records and supporting documents shall be maintained for a period of at least five (5) years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and/or any of their authorized representatives. 3. Subrecipient should maintain records in an orderly manner, with separate identification for different federal time periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others who may be authorized to examine such records. EXHIBIT "C" REPORT SCHEDULE REPORT DUE PERIOD COVERED Monthly Progress Report of each month (Jan-Dec) For Prior month activities Grant Period (January 1 - December 31) Annual Re rt Audit Performance January 15 after year of grant period CDBG #08181 Page 22