HomeMy WebLinkAboutCommunity Development Block Grant Program (6)
Augusta Richmond GA
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BOX NUMBER: !..)
FILE NUMBER: J '3i3Q
NUMBER OF PAGES: 2-5
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
URBAN ACTION, INC. d/b/a AUGUSTA URBAN MINISTRIES
FOR
THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this -1&. 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 URBAN ACTION, INC.
d/b/a ALGUSTA URBAN MINISTRIES (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
services necessary for the planning, implementation and execution of such a
Community Development Block Grant Program; and
VVHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, 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. SC01)E OF SERVICE
The Sub recipient shall perform all the necessary services provided under this Contract
in accordance with and respecting the following project:
"Furniture Bank Program"
Furniture items will be provided free of charge to homeless individuals through a
referral process from other homeless service providers.
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The Subre:cipient 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. TERMS; 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 otheIWise specified in the Contract Section 19 (General Terms
and Conditi<;ms). This Agreement shall remain in effect until December
31, 1998, or until this Agreement is otherwise terminated.
b. Either party may terminate 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
to the other party. All reports or accountings provided for herein shall
be rendered whether or not falling due within the contract period.
c. Further, the Grantee reserves the right to terminate this contract 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.
d. The Grantee also reserves the right to terminate this Contract or to
reduce the contract compensation amount if the Subrecipient:
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~I) Fails to file 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 tennination in accordance with
24 CFR 85.43 or OMB Circular A-I 10). [Attachment #1 (b & e)];
(3) Expends funds under this Agreement for ineligible activities,
services, or items;
(4) ImpleIl1ents the project prior to notification from the Grantee that
the federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of
substandard penormance under the terms of this Agreement.
3. KEY P'ERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Frank Windom, President
11. Rebecca Wallace, Executive Director
lll. Sharon Holmes, Director of Furniture Bank
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
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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 Sub recipient against goals and
performance standards required herein. Substandard performance as determined by
the Grantee will constitute non-compliance with this contract. If actions to correct
such substandard performance are not taken by the Subrecipient within 30 days
following on-~iite monitoring by the Grantee, contract termination procedures will be
initiated.
5. INSPJ~CTION 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
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 clays from date of issuance of notification to 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. SEVERABILITY
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. COMltENSATION
The Subrecipient shall be paid a total consideration of $ 12,500 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests
for payments to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget document which is
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attached to 1M Contract as Appendix C, incorporated herein by reference. In every
case, payment will be made subject to receipt of a reimbursement request for payment
from the Sub recipient specifying and certifying that such expenses have been incurred
and expended in conformance with this Contract and that the Subrecipient is entitled
to receive the amount requested under the terms of this Contract.
Payments wul be made 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 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.
The Subrecipient 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 fund:;; received pursuant to this Agreement shall be in accordance with 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
Grant Progrcun, 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 Subrecipient agrees to comply with other applicable
laws, including the National Environmental Policy Act of 1969 (and the implementing
regulations 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 use 794) (and the
implementing 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
570.609, 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 dermed in the program regulations. The Sub recipient agrees
to maintain documentation that demonstrates that the activities carried out with funds
meets the aforemen~oned national objective.
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Subrecipienc agrees to comply with the uniform administrative requirements specified
at 24 CFR 570.502 and 24 CFR 570.610, including:
If the Subl'ecipient is a government agency, OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contracts with State, Local, and
Federally Recognized Indian Tribal Governments;" OMB 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
Agreements to State and Local Governments," specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
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for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for
Educational Institutions," as applicable; OMB 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-IIO, as specified at 24 CFR 570.502(b).
Sub recipient: is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. PRO(;RAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project
is anticipated. to be approximately $0.
10. REVl~RSION 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 detennined to be appropriate by the Grantee.
11. INDIJRECT COSTS
Indirect cost:, will only be paid if Subrecipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
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12. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel
outside the metropolitan area with funds provided under this Contract. All Federal
Travel ReguIations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims
in any way related to or arising out of Sub recipient's performance of its obligations
hereunder and/ or Subrecipient's failure to perform its obligations hereunder or related
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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, final or otherwise, shall operate to
release the Subrecipient from any obligations under this Contract,
14. INSUJUNCE & BONDING
Sub recipient :,hall 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
advances from the Grantee. All policies providing insurance coverage required to be
maintained by Subrecipient 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 \"lay 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
Sub recipient.
15. GRANTOR RECOGNITION
Subrecipient ~ihall insure recognition of the role of the grantor agency in provicling
services through this contract. All activities, facilities and items utilized pursuant to this
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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.
16. OPEN MEETINGS LAW COMPLIANCE
Sub recipient is subject to the Georgia Open Meetings Law if it receives more than
331/30/0 of its ftmds from taxpayer sources. Accordingly, the Subrecipient will take the
following compliance measures: it will notify the Augusta Chronicle, and the Augusta
Focus or the ]\1etro 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 ~ites 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 pnor written consent of the Grantee, this Agreement is not assignable by
the Sub recipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No 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 Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
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B. CLIENT DATA
Sub recipient agrees to maintain racial, ethnic, gender, head of household,
household income, and household size data showing the extent to which these
categories of persons have participated in, or benefited from the project, and to
submit this information to the Grantee within 30 days after December 31, 1998.
1.
C.
RECORDS TO BE MAINTAINED
Subrecipient 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;
11. Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG Program;
111. 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.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and fmancial records, in connection with the operations and services
perfornled under this Agreement, and shall document all transactions so that all
expend~tures 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 O.MB Circular A-133. However, if an audit is not required,
the Subrecipient agrees to provide quarterly financial 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.
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D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents
related to the project.
E. ,RETENTION
The Sub recipient 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 fmdings, 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 final time rather than from the date
of submission of the fmal expenditure report for the award.
F. :PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMATIVE ACTION
The Sub recipient, 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
Subrecipient 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
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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
under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The u.ndersigned person signing as an officer on behalf of the Sub recipient, a
party to this Agreement, hereby severally warrants and represents that said
person has authority to enter into this Agreement on behalf of said Subrecipient
and tOo 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)
(and 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
hannless, 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 Sub recipient 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
Contr<l.ct. The Sub recipient assumes exclusively the responsibility for the acts
of its employees as they relate to the services provided during the course and
scope of their employment.
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L. PROCUREMENT
The Sub recipient shall comply with Augusta-Richmond County's current policy
conceJning the purchase of equipment and shall maintain an inventory record
of all non-expendable personal property as defined by such policy and as may
be procured with funds provided herein.
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:
(1) 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 Sub recipient
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 Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age, handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
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(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
Sub recipient'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.
(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 Subrecipient'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 Subrecipient 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
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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 HUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
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 of HUD (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, financial 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.
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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 enjoyed 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,
membe~hip, 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.
[ 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,
Yvomen-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 African-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
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connection \'11th 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 tOo 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 s'l;lbcontract.
If a Subrecipient solicits or'requests an invitation for bids, every errort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination 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, di:;ability, 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 va 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
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair
of any building or work financed in whole or in part with assistance provided under
this Agreement are subject to the federal labor standards provisions which govern the
payment of w:ages and the ratio of apprentices and trainees to journey workers. Under
the terms of the Davis-Bacon Act, as amended, the Subrecipient is required to pay all
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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 i~; intended to relieve the Subrecipient of its obligation, if any, to require
payment of lthe higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (pL93-~~34). 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 mandator)' 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 Sub recipient 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 therew, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefore, 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
17
structures "vith assistance provided under this Agreement shall be made subject to the
provisions <<)r the elimination of lead-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
properties 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.
K. Special Assqsments
Subrecipient will 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 re:mlting 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 Secretl!)' of HUD that it lacks sufficient funds received under Section 106 of the
Act to comply with the requirements of subparagraph (I).
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
Program 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 Subrecipient 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 1 04( 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, Sub recipient will not cause
18
I '
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 Sub recipient 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 1970, as amended, Section 104(d) of the Act, and the implementing regulations
at 49 CFR 24 and 24 CFR 570.606. Sub recipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for
relocation benefits or the p,rovision 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 {;Jr 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 ff)r 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.
19
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, V nited 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.
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 we;e 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
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirement, set for in the National Historic Preservation Act of 1966, as amended (16
V.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 performance 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.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date
first written above.
ATTEST:
SEAL
By:
/flId~
~/YI/bI~
~~naJ. Bonner
Clerk of Commission
AlTEST:
SEAL
URBAN ACTION, INC.
d/b/a AUGUSTA URBAN MINISTRIES
(Subrecipient)
By: ~J u",L
Frank Wmdom
As its President
~9!dkuA<fJ~
As its Corporate Secretary
~if'~ ~. ~,h~
(plain Witness) ~
21
APPENDIX A
Project Area
The project facility is located at 303 Hale Street, Augusta, Georgia.
APPENDIX B
Goals, Objectives, and Tasks
Augusta Urban Ministries is a homeless service provider whose mission is to provide
charitable sl~rvices to meet the needs of poor and disadvantaged persons in Augusta-
Richmond County. The agency will operate a Furniture Bank Program whose
primary objective is to assi~t low and moderate income homeless persons by providing
furniture items free of charge. The agency will utilize one truck driver who will be
responsible for furniture pick-ups and deliveries. Clients will be provided an average
of three (3) large furniture items on a once a year basis. It is estimated that 340
individuals will be served during 1998.
A schedule {I)r completion of this activity shall be submitted to Grantee within 15 days
after the eXI~cution of this agreement. The schedule shall be in sufficient detail for
Grantee to monitor the performance of this agreement.
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Nlaintain socio-economic data on clients and insure that 51 % of persons served
are low and moderate income persons.
4. Request reimbursement of expenditures for items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
6. Provide Technical Assistance to assist subrecipicnt in complying with applicable
laws and regulations.
7. Monitor subrecipient to determine if the activity is being carried out as
described in this contract. (Monitoring shall consist of site visits and review of
records).
22
'"
ATTACHMENT #2
Forms
a. CDBG Income Verification
b. Reimbursement Request
c. Reports: Quarterly Program Progress
d. Reports: Annual Program Progress
e. Time Sheet
f. Travel Log
,.
.
APPENDLX C
Budget
SalalY (Driver)
Utilides (Electric, Water & Phone)
Insurance (Truck)
Gas
Maintenance (Truck)
Tota]
$ 6,500
2,000
2,000
1,000
1,000
$12,500
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress, Financial Reports or a Detailed List of Cash
Receipts and Cash Disbursements.
2. Arumal Program Progress, Financial Reports or Detailed List of Cash Receipts
and Cash Disbursements or Audit Report, if applicable.
3. Mileage, Gas and Truck Maintenance Logs.
APPENDLX E
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
1st April 15, 1998 January I, 1998 - :March 30, 1998
2nd July 15, 1998 Aprill, 1998 -June 30, 1998
3rd October 15, 1998 July I, 1998 - September 30, 1998
4th January 15, 1999 October I, 1998 - December 31, 1998
2. Annual Program Progress & Financial Reports Due:
January 30, 1999
For January I, 1998 through December 31, 1998
3. Audit Report due within 30 days after completion of audit.
23
f.
g.
f
~
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 Circul~r A-122
"Cost Principles for Non-Profit Organizations," or
d.
OMB Circular A-21
"Cost Principles for Educational Institutions"
e.
OMB Circular A-IIO; Attachments A, B, C, F, H, N, and O.
;'Grants and Agreements with Institutions of Higher Education,
Hospitals, & Other Non-Profit Organizations"
OMB Circular A-I33, "Audits of Institutions of Higher Education and
Other Non-Profit Institutions"
Augusta-Richmond County Procurement Policy