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HomeMy WebLinkAboutCommunity Development Block Grant Program Augusta Richmond GA DOCUME~T 1'!~E: ~Oh\ YTlu.n ~ t-~\. Ue\( e \ OpY"~Y\ \- '\) \0:--- C1Y QuIl-T- yr-03 r6..v-Y\ DOCUMENT TYPE: ACjree(YIcn.-t- YEAR: \ L1 Of <6 ~ BOX NUMBER: J FILE NUMBER: \ 11 00 NUMBER OF PAGES: LI ;r , . . - . --- .. ;. ~ ," , -' I " I; t... CONTRACT BE1\-vEEN AUGUSTA, GEORGIA AND SHILOH COMPREHENSIVE COMNfUNITY CENTER, INC. FOR THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, made and entered into on this ~ day of -January, 1998, 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 SHILOH COMPREHENSIVE COMMUNITY CENTER, INC., (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has received a Community Development Block Grant from the United States Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and service~: necessary for the planning, implementation and execution of such a Community Development Block Grant Program; and WHEREAS, the Grantee desires to engage the Subrecipient to render certain services, prograIns, or assistance in connection with such undertakings of the Community Development Block Grant Program, situated in the Project Area described in Appendix A NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICE The Subrecipient shall perform all the necessary services provided under this Contract in accordance with and respecting the following project: "Shiloh Comprehensive Community Center Renovations" The Shiloh Comprehensive Community Center also known as The Shiloh Orphanage Complex consists of three buildings: Strong Academy, the Girls Dormitory and the t ' I' \ :. .. Boys Dormitory. Grantee will provide CDBG funds in the form of a loan for the design of a master plan and for renovations to the three structures. The master plan shall be developed by a registered Architect. Specific renovations will be determined upon completion of the master plan. Upon completion of said master plan, the Subrecipient shall provide to Grantee a copy of the master plan. At that time, a deterrnination will be made by Grantee specifying the specific renovations CDBG funds will pay for. As a result of CDBG assistance, the Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by reference. 2. TERM; TERMINATION a. The services of the Subrecipient are to commence on January 1, 1998, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract unless so otherwise specified in the Contract Section 19 (General Terms and Conditions). This Agreement shall remain in effect until the renovations of said structures are complete and the services provided as described in Appendix B or until this Agreement is otherwise terminated. However, the obligations of Subrecipient under Section 9 (program Income) shall continue for any additional time period during which Subrecipient may receive or remain in control of program income. b. The parties agree that the Grantee may terminate this Contract or any work or delivery required hereunder, from time to time, either in whole or in part, whenever the Commission, on recommendation from the Director of the Housing and Neighborhood Development Department (HND), shall determine that such termination is in the Grantee's best interest. Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the Mayor, mailed or delivered to Subrecipient, and specifically setting forth the effective date of termination. c. Either party may tenninate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provision contained herein upon 15 days written notice 2 ( ;' .. ~' to the other party. All reports or accountings provided for herein shall be rendered whether or not falling due within the contract period. d. Further, the Grantee reserves the right to terminate this contract immediately upon written notification to the Subrecipient under any of the following conditions: 1) Notification by HUD to the Grantee that said project is ineligible because of project location, services provided, or any other reason cited by HUD; 2) Notification by HUD to the Grantee that said project is deficient and that continued support of the project is not providing an adequate level of services to low income and minority people; or 3) Written notification from HUD to the Grantee that the program funds made available to the Grantee are being curtailed, withdrawn, or otherwise restricted. e. The Grantee also reserves the right to terminate this Contract or to reduce the contract compensation amount if the Sub recipient after notice and a reasonable opportunity to cure: (l) Fails to flie required reports or to meet project progress or completion deadlines; (2) Materially fails to comply with any provision of this Agreement (which may result in suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-II0). [Attachment #1 (b & e)]; (3) Expends funds under this Agreement for ineligible activities, services, or items; (4) Implements the project prior to notification from the Grantee that the federal environmental review process has been completed; (5) Violates Labor Standards requirements; or 3 . , 1. (6) Fails to comply with written notice from the Grantee of substandard performance under the terms of this Agreement. 3. KEY PERSONNEL a. Sub recipient shall assign to this Contract the following key personnel: 1. Ruth B. Crawford, Executive Director 11. Tracy E. Williams,Jr., Chairman lll. Jackie Harris, Consultant b. During the period of performance, Subrecipient shall make no substitutes of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Subrecipient shall notify the Grantee Director ofHND within five (5) calendar days after the occurrence of any of these events and provide the following information, providing a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Grantee's Director of HND. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Grantee's Director of HND will notify the Subrecipient within fifteen (15) calendar days after receipt of all. required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel. 4. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient against goals and perfoI1nance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this contract. 5. INSPECTION AND ACCEPTANCE All tasks and reports shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when the construction and services are approved as acceptable by the Grantee in writing. In the event of rejection of any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days from date of issuance of notification to 4 c 4 , t ~ correct the deficiencies and re-submit acceptable work within said ten-day period. Failure to submit acceptable work within said ten-day period shall constitute a breach of this contract for which the Sub recipient may be held in default. 6. SEVERABIUTY If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, which shall continue in full force and effect. 7. COMPENSATION The Subrecipient shall be paid a total consideration of $ 71 ~300 towards construction costs and for full performance of the services specified under this Agreement. Any cost above 1rus amount shall be the sole responsibility of the Subrecipient. The assistance shall be in the form of a loan to be repayable to Grantee upon Subrecipient's receipt of One Cent Special Options Sales Tax funds from the consolidated government. It is anticipated that the Subrecipient will receive said funds in the year 1999. The CDBG loan shall be made pursuant to the execution of a two (2) year promissory note and a two (2) year Deed to Secure Debt which are subject to the terms of this contract. Drawdowns for payment of eligible expenses shall be made in accordance with perfonnance. The Subrecipient shall submit pay requests approved by the Subrecipient and Architect. The Grantee shall make payment to the contractor on a monthly basis only with a 30-day turnaround period by Grantee. Requests for payments must be received by Grantee not later than the lyh 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. The Su brecipient shall notify the Grantee in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. 8. USE OF FUNDS Use of funds received pursuant to this Agreement shall be in accordance ,vith the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other regulations governing the Community Development Block 5 .t l Gran[ Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. A copy of said regulations is incorporated by reference. In addition, the Sub recipient agrees to comply with other applicable laws, including the National Environmental Policy Act of 1969 (and the implementing reguhlLtions at 24 CFR 58), the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the . impleluenting regulations at 24 CFR 8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.6109, and Executive Orders 11063, 11246, 11375, 12086, and 12259. Further, any funded activity must be designed or so located as to principally benefit lower income persons as defined in the program regulations. The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds meets the aforementioned national objective. Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR 570.502 and 24 CFR 570.610, including: If the Subrecipient is a government agency, OMB Circular A-87, "Principles for Detennining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments;" OM:B Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreernents to State and Local Governments," specified at 24 CFR 570.502(a). If the Subrecipient is not a government agency, OM:B Circular A-122, "Cost Principles for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Educational Institutions," as applicable; OM:B Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions," and Attachments A, B, C, F, H, N, and 0 to OMB Circular A-II0, as specified at 24 CFR 570.502(b). Subrecipient is prohibited from using funds provided herein for political activities, sectarian or religious activities, or lobbying activities. 6 l " 9. PROGRAM INCOME Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is anticipated to be approximately $0. If applicable, the projected use of the program incorne shall be determined by the Grantee before execution of this Contract. The Subrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on a quarterly basis. The Subrecipient may use such income during the contract period for the designated use and shall reduce requests for additional funds by the amowlt of any such program income balances on hand. All unused program income shall be reported to the Grantee at the end of the contract period. At that time a deternunation will be made by the Director of HND as to whether the Sub recipient will retain the said income or said income may revert to the Grantee's Community Development Block Grant Program. If the Subrecipient is allowed to retain program income, the Director shall designate its use and the reporting requirements. Any interest earned on cash advances from the U. S. Treasury is not program income and shall he remitted promptly to the Grantee. 10. REVERSION OF ASSETS Any real property under the Subrecipient's control acquired or improved in whole or in part with CDBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of $25,000 will be used to meet one of the national objectives in ~570.208 until five years after expiration of this Contract, or for such longer period of time as determined to be appropriate by the Grantee. 11. INDIRECT COSTS Indirect costs will only be paid if Sub recipient has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. 12. TRAVEL Subreci.pient shall obtain prior written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Contract. All Federal Travel Regulations are applicable (41 CFR Part 301). 7 . ( 13. INDEMNIFlCATION Sub recipient agrees to indemnify and hold harmless Grantee from any and all claims in any way related to or arising out of Subrecipient's performance of its obligations hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in connection with Subrecipient's performance or non-performance of its obligations hereunder. No payment, however, fmal or otherwise, shall operate to release the Subrecipient from any obligations under this Contract. For purposes of this section, "Grantee" shall mean and include Augusta, Georgia, Augusta-Richmond County Commission, and their officers, elected officials, agents, employees, representatives, successors and assigns. 14. ][NSURANCE & BONDING Subrecipient shall carry sufficient insurance coverage to protect contract 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 advanoes from the Grantee. All policies providing insurance coverage required to be maintained by Sub recipient hereunder shall list Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents, members, employees and successors as named insureds, as their interests may appear, and shall be issued by an insurance carrier or carriers licensed to do business in the State of Georgia and reasonably acceptable to Grantee. All such policies shall provide that no act or omission of Grantee or its agents, servants, or employees shall in any way invalidate any insurance coverage for the other named insureds. No insurance policy providing any insurance coverage required to be provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided to Grantee by Subrecipient. 15. GRANTOR RECOGNITION Subrecipient shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein all publications made possible with funds made available under this contract. 8 -.! ,. \ i 16. OPEN MEETINGS LAW COMPLIANCE Sub recipient is subject to the Georgia Open Meetings Law if it receives more than 331/3%' of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following compliance measures: it 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 by the press, the public and the Grantee. The press, public and the Grantee shall not be denied admittance to the Subrecipient's board meetings. Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors' meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. 17. ASSIGNMENT Without the prior written consent of the Grantee, this Agreement is not assignable by the Subrecipient, either in whole or in part. 18. ENTIRE CONTRACT; AMENDMENT This Agreement is the entire agreement between the parties hereto. No amendment, alteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 19. GENERAL TERMS AND CONDITIONS A. REPORTS The Sub recipient agrees to submit to Grantee program progress and fmancial reports and any other reports that may be specified in Appendix D. B. CliENT DATA Subrecipient agrees to maintain racial, ethnic, gender, head of household, household income, and household size data showing the extent to which these 9 ,. ~ ( categories of persons have participated in, or benefitted from the project, and to submit this information to the Grantee within 30 days after December 31, 1998. C. RECORDS TO BE MAINTAINED Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this contract. Such records shall include but are not limited to the items listed below: 1. Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program; lll. Records required to determine the eligibility of activities; IV. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-133; and v. Other records necessary to document compliance with Subpart K of 24 CFR 570. Specific record keeping requirements are as follows: The Grantee shall maintain all records necessary to monitor the progress of the construction. The Subrecipient's Architect will conduct weekly field inspections. The field reports shall be submitted to Grantee for evaluation of contractor's progress. The Subrecipient and its Architect shall provide the Grantee with contractor's pay requests for Grantee's approval and payment until all CDBG funds have been expended. Any changes in the construction contract governed by this contract shall be done by written change order issued by the Subrecipient's Architect and executed by the Sub recipient, Architect and Grantee. The Subrecipient shall enter a construction contract for the implementation of the construction work and shall follow the required procurement procedures as set forth in 24 CFR 85.36 with the stipulation that the advertising and bid process be in accordance with the Grantee's procurement policy if the cost of construction is estimated to be under $100,000. If construction costs exceed $100,000,24 CFR 85.36 shall apply. Once CDBG funds have been expended, 10 J. . .. 1: the Subrecipient shall continue to submit to Grantee the Architect's field reports until construction is complete for the entire project. Subrecipient agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it agrees to obtain an audit conducted in accordance with OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to provide quarterly fmancial reports to the Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly basis, a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly. D. ACCESS TO RECORDS The Subrecipient agrees that the Grantee or any authorized representative shall lbe provided on request, access to and the right to examine all records, books, papers, or documents related to the project. JE:. RETENTION OF RECORDS The Subrecipient hereby severally warrants that all project records, books, papers, and documents will be retained for a period of not less than four (4) years after the termination of all activities funded under this contract, or after the resolution of all Federal audit findings, whichever occurs later and grants the Grantee the option of retention of the project records, books, papers, and documents. The retention period shall start from the date of submission of the Grantee's annual performance report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the fmal time rather than from the date of submission of the final expenditure report for the award. I'. PERMITS The Subrecipient agrees to obtain all necessary permits for intended unprovements or activities. II r , "\ f G. AFFIRMATIVEACTION The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing. H. CONFLICT OF INTEREST The Subrecipient hereby severally warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of Sub recipient who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any :financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted lmder this Agreement. L AUTHORIZATION TO EXECUTE AGREEMENT The undersigned person signing as an officer on behalf of the Subrecipient, a party to this Agreement, hereby severally warrants and represents that said person has authority to enter into this Agreement on behalf of said Sub recipient and to bind the same to this Agreement, and further that said Subrecipient has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaw against entering into this Agreement. J. SECTION 504 The Sub recipient hereby certifies that, in the implementation of projects funded by this Agreement and in all of its other operations, it will comply with all requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (:md the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (pL 101-336), and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold 12 r . "'11' harmless, and indemnify the Grantee from and against any and all liability for any noncompliance on the part of the Subrecipient. K. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create or establish an employer-employee relationship between the parties, nor shall any employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and shall be wholly responsible for time, means and :manner for performance of the services required of it by the terms of this Contract. The Sub recipient assumes exclusively the responsibility for the acts .of its employees as they relate to the services provided during the course and :;cope of their employment. L. PROCUREMENT ]Procurement shall be done through the sealed bid method. The Subrecipient ~ihall submit the plans and specifications for the improvements to the Grantee for approval with all necessary contract documents. The Subrecipient shall also ~iubmit the executed Promissory Note and Deed to Secure Debt to Grantee at 1his time. Once the Grantee receives this information, the Grantee will schedule the bid date and publish the advertisements for bids in the three local newspapers. The bid opening will be held at the Grantee's Purchasing Department. The Subrecipient's Architect and Grantee shall review all bids and select the lowest most responsive bid. Thereafter, the Augusta-Richmond County Commission shall award the contract to the contractor and a preconstruction meeting will be scheduled before construction commences. 20. OTHER PROVISIONS A. Equal Employment Opportunity The following provisions (1) and (2) are applicable to all contracts and subcontracts; provisions (3) through (7) are applicable to all non-exempt construction contracts and subcontracts which exceed $10,000: 13 p , ..' (l) The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Sub recipient 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, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Subrecipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Subrecipient will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, of September 24, 1965, as amended by Executive Orders 11375, and 12086, copies of which are on file and available at the Grantee, and of the rules, regulations, and relevant orders of the Secretary of Labor. 14 1 I ~. 1 . (5) The Subrecipient will furnish all information and reports required by Executive Orders 11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Sub recipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Sub recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by BUD, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States. 15 , . ,.. , ' B. Equal Opportunity in Participation Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with Grantee policy and all requirements imposed by or pursuant to the Regulations ofHUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development Block Grant Program funds. Specific (not exclusive) Discriminatory Actions Prohibited: The Subrecipient may not directly or through contractual or other arrangements, on the grounds of race, color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age, handicap, disability, sex or other basis prohibited by applicable law: a. Deny any facilities, services, fmancial aid, or other benefits provided under the program or activity. b. Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different form from that provided to others under the program or activity. c. Subject to segregated or separate treatment in any facility, or in any other matter or process related to receipt of any service or benefit under the program or activity. d. Restrict in any way access to, or the enjoyment of any advantage or privilege ernoyed by others in connection with facilities, services, fmancial aid or other benefits under the program or activity. e. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, 16 , ~ . I J membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. f. Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. C. Business and Employment Opportunities for Lower Income Residents, Women-Owned Business Enterprises, and Minority-Owned Business Enterprises. The Subrecipient will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the term "minority and female business enterprise," means a business at least fifty-one (510/0) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Mrican-American, Spanish-speaking, Spanish surnamed or written representations by Subrecipients regarding their status as minority and female business enterprises in lieu of an independent investigation. D. SECTION 3 CLAUSE The Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area,. and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. In all solicitations for bids the contractor must, before signing the contract, provide a preliminary statement of the work force needs and plans for possible training and employment of lower income persons. When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective contractors of the requirements .of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause shall be inserted as a component part of any contract or subcontract. 17 -t ,. '." If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to contact minority-owned and women-owned business enterprises for a response to the solicitation or invitation for bidders. E. NondiscpJIlination in Federally-Assisted Programs The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with Grantee Policy and Title VI of the Civil Rights Act of 1964 (pL 88-352), in the sale, lease or other transfer of land acquired, leased or improved with assistance provided under this Agreement, the deed or lease for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or familial status, in the sale, lease, or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon. The Subrecipient will comply with Title VII of the Civil Rights Act of 1968 (pL 90-284) as amended and will administer all programs and activities related to housing and community development in a manner to affirmatively further Fair Housing. F. Labor Standards Excepl: with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Sub recipient and all subcontractors engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work fmanced in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as amended, the Sub recipient is required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided that if wage rates higher than those :required under the regulations are imposed by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher rates. 18 /F '-. I G. Flood Disaster Protection This P~eement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-234). Use of any assistance provided under this Agreement for acquisition or construction in an area identified as having special flood hazards shall be subject to the m:mdatory purchase of flood insurance with the requirements of Section 102(a) of said Act. H. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000). The Subrecipient shall comply with and require each subcontractor to comply with all applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. L Provisions of the Hatch Act Neither the Subrecipient program nor the funds provided therefor, nor the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code. J. Lead-Based Paint Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination oflead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Such regulations require that all owners, prospective owners, and tenants of propefi~es constructed prior to 1978 be properly notified that such properties may contain 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. 19 '. .y " I K. Special Assessments Subrecipient ",rill not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the Act or with amounts resulting from a guarantee under Section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the Act are used to pay the proportion of such fees or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act, or (2) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks sufficient funds received under Section 1 06 of the Act to comply with the requirements of subparagraph (1). L. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Subrecipient will comply with the "Grantee's Community Development Block Grant ProgrmTI Plan for Minimizing the Displacement of Persons as a result of Community Development Block Grant Funded Activities" and the Grantee's Community Development Block Grant Program Residential Anti-displacement and Relocation Assistance Plan." The Sub recipient will conduct any acquisition, rehabilitation, or demolition, of real property, and any negotiations for acquisition, rehabilitation, or demolition of real property in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted in Appendix B or Appendix C, Subrecipient will not cause either temporary or permanent involuntary displacement of persons or businesses. If Sub recipient causes the involuntary temporary or permanent displacement of any person or business as a result of Community Development Block Grant Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by Community Development Block Grant Activities," and Subrecipient shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1'970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CJFR 24 and 24 CFR 570.606. Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any and all claims and liabilities for 20 ." 1(' I relocation benefits or the provision of replacement dwelling units required by federal statutes and regulations in connection with activities undertaken pursuant to this Agreement. M. Lobbying Restrictions Subrecipient certifies that, to the best of its knowledge and belief: 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 contract, 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 contract, grant, loan, or cooperative agreement; 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 employee of a Member of Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and It will require that the language of this paragraph M be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This ceJ:1ification 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, United States Code. 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 $100,000 for each such failure. 21 ,. ,., I ., N. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. O. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set for in the National Historic Preservation Act of 1966, as amended (16 D.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of Historic properties, insofar as they apply to the perfor:mance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fIfty years old or older or that are included on a Federal, State, or local historic property list. 21. MISCELLANEOUS A. This Agreement shall be governed by and construed according to the laws of the State of Georgia. :B. Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. Subrecipient shall provide the scope of services in accordance with the schedules set forth in Appendix B. 22 , t ,~ II. I IN WlTNESS WHEREOF, the parties have set their hands and seals as of the date first written above. ATTEST: SEA L :< ,,'-' ./!.- '.... ~/,<; ~ ~~?~t . / , . ~:;~ Clerk of Commission ATTEST: '- , , / /;r./;.:; "~C:0\ /" -~ '..,.: .......... 'o_...n-...; :S,EAL:~g . 'I' .,~,..,: ~ ..' ~~i .~ . - ~ ~,,'.....$' .. ,,' , " ~ ....-- :.. , . -' . ~." . - , As it rporate Secretary ~~H~ r (plain Witness) By: ~~ AUGUSTA~ GEORGIA (Grantee) \ ~~V e>M) ~. SHILOH COMPREHENSIVE COMMUNITY CENTER~ INC. (Subrecipient) By:~ 13~ ~A~/ Ruth B. CraWford As its Executive Director 23 .~ ,~...... " APPENDIX A Proj ect Area The project is located at 1633-1637 Fifteenth Street, Augusta, Georgia. APPENDIX B Goals, Objectives, and Tasks The Shiloh Comprehensive Community Center is a neighborhood facility for predominately senior citizens. The Center consists of three buildings: Strong Academy, the Girls Dormitory and the Boys Dormitory. The center is located near four low income public housing complexes: Cherry Tree Crossing, Gilbert Manor, Sunset Villa and Jennings Homes. The center provides social, recreational, educational, nutritional and health needs for senior citizens and youths six (6) days a week, ~,fonday through Saturday. Activities for seniors include the Wellness Program, Brown Bag Program, Food Assistant Program, Exercise and Nutrition Program, Golden Lunch Brunch, sewing, group singing and seminars concerning Physical and Occupational Therapy presented by the Medical College of Georgia. Also, the center provides shelter for seniors during extreme hot and cold weather conditions. For youths, the center provides a Saturday tutorial program. The goal of the Subrecipient is to provide services to 1,535 senior citizens and 160 youths during 1998. Subrecipient shall submit to Grantee within 15 days after the execution of this agreement a complete listing of each service to be provided, a schedule of all programs undertaken at the center, the operational hours of the center and a schedule for completion of the renovations to the facilities. The schedule shall be in sufficient detail for Grantee to monitor the performance of this agreement. 24- " .'!iI',:",,~ ~ '" Responsibilities of Subrecipient: 1. Read all regulations attached herein to this Contract. 2. Follow proper procurement procedures as outlined in the Contract. 3. ][ncorporate all Federal requirements in contract documents. 4. Submit to Grantee one (1) copy of master plan. 5. Submit to Grantee one (1) copy of construction plans and specifications for review and approval before project is let for bid. 6. Provide services as described in Appendix B. 7. For five (5) years after completion of the center's renovations, submit to Grantee certification to the effect that the facility continues to be used as a senior citizens center. 8. ~.1aintain socio-economic data and a listing of services provided to each client. Responsibilities of Grantee: 1. Provide Technical Assistance to assist Sub recipient in complying with applicable laws and regulations. 2. Assist Subrecipient with procurement procedures. 3. Provide all materials pertaining to Federal requirements for inclusion in contract documents. 4. 110nitor Subrecipient to determine if the aCtIVIty is being carried out as described in this Contract. (Monitoring shall Gonsist of site visits and review of records). 25 ."t .1l :"" 'i . \ 11 ~ ~ \> , APPENDIX C Budget 1\1aster Plan & Construction $71,300 APPENDIX D Reporting Requirements The Sub recipient shall submit to the Grantee the following reports for the term of this agreement. 1. Quarterly Program Progress 2. Annual Program Progress 3. Audit Report 4.. Use of Facility Report APPENDIX E Reports' Schedule 1. lluarterly Program Progress Reports Due: For Reporting Period 1st April 15, 1998 January 1, 1998 - March 30,1998 ~~nd July 15, 1998 April 1 , 1998 -June 30, 1998 ~Ird October 15, 1998 July 1, 1998 - September 30, 1998 4th January 15, 1999 October 1, 1998 - December 31, 1998 2. Annual Reports: 1 st January 30, 1999 ~:nd January 30, 2000 3;rd January 30,2001 4:th January 30, 2002 5th January 30, 2003 For Reporting Period January 1,1998 through December 31, 1998 January 1, 1999 through December 31,1999 January 1,2000 through December 31,2000 January 1, 2001 through December 31, 2001 January 1, 2002 through December 31, 2002 3. Use of Facility Report to be provided annually for five (5) years. First report shall be submitted one year after completion of renovations. 3. Audit Report due within 30 days after completion of audit. 26 ~. '--"'. .' r.~ (. '; ,. ,. ATTACHMENT #1 Regulations, Circulars & Local Procurement Policy a. Community Development Block Grant Entitlement Program 24 CF 570 b. 24 CFR 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," specified at 24 CFR 570.502(a). c. OMB Circular A-122 "Cost Principles for Non-Profit Organizations," or d. OMB Circular A-21 "Cost Principles for Educational Institutions" e. OMB Circular A-II0; Attachments A, B, C, F, H, N, and O. "Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-Profit Organizations" f. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions" g. Augusta-Richmond County Procurement Policy.