HomeMy WebLinkAboutEmergency Shelter Grant Program
Augusta Richmond GA
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
COORDINATED HEALTH SERVICES
FOR
THE 2000 EMERGENCY SHELTER GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January. 2000, by and
between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County
Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter
referred to as "Grantee"), and , (hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received an Emergency Shelter Grant from the United
States Government under Subtitle B of Title IV of the Stewart B. McKinney Homeless
Assistance Act (42 USC 11371-11378).
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain . programs and
services necessary for the planning, implementation and execution of such a Emergency
Shelter Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Emergency Shelter
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:
Coordinated Health Services/St. Vincent dePaul Health Center
Provide primary and preventive health care to homeless people
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. TERMS; TERMINATION
a.
The services of the Subrecipient are to commence on January 1. 2000, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this ~ontract unless
so otherwise specified in the Contract Section 19 (General Terms and
Conditions). This Agreement shall remain in effect until December 31,
2000, or until this Agreement is otherwise terminated.
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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 of 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 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.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
I) 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, homeless 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 Subrecipient:
1) 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 termination in accordance with
24 CFR 85.43 or OMB Circular A-lID. [Attachment 1#(b)];
3) Expends funds under this Agreement for ineligible activities,
services, or items;
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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
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. George H. Foster, President
11. Wyatt Friend, Treasurer
111. Patricia Hayes, Nurse Practitioner
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
of HND 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 replace. The Grantee's Director of HND will notify the
Subrecipient within fifteen (IS) 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
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-
site monitoring by the Grantee, contract termination procedures will be initiated.
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
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 correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
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within said ten-day period shall constitute a breach of this contract for which the
Subrecipient 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. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 10.000 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
payment 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 documentation which is
attached to this 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
Subrecipient 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 will 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 funds received pursuant to this Agreement shall be in accordance with the
requirements of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
Shelter Grant 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 Subrecipient agrees to comply with other
applicable laws, including National Environmental Policy Act of 1969 (and the
implementing regulations 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 implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
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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 homeless individuals and families. The Subrecipient agrees to maintain
documentation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.1: (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to help make available additional emergency shelters, (3) to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals, so that these persons have access not only to safe and sanitary
shelter, but also to the supportive services and other kinds of assistance they need to
improve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
pursuant to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Determining Cost 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 851, "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
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-I33, "Audits of Institutions of Higher
Education and Other Non-Profit lnstitutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-II 01, as specified at 24 CFFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Subrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
donated material or building: the value of any lease on a building; any salary paid to staff
in carrying out the emergency shelter programs; and the time and services contributed by
volunteers to carry out the emergency shelter program, determined at the rate of $10.00
per hour. The Grantee shall determine the value of any donated material or building or
any lease using any method reasonably calculated to establish a fair market value.
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10. 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
income shall be determined by the Grantee before execution of this Contract. The
Subrecipient shall report all "monthly" program income as defmed 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 amount 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 determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
income may revert to the Grantee's Emergency Shelter 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 be remitted promptly to the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
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
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold hannless 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, final or otherwise, shall operate to release
the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assists from loss
due to theft, fraud and/or undue physical damage, and as a minimwn 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 Co~ission
and its Mayor, and their officers, agents, members, employees nad successors as named
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insureds, as their interests may appear, and shall be issued by and 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.
16. OPEN MEETINS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
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.
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; 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 financial
reports and any other reports that may be specified in Appendix D.
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B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31 st.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
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 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.
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 Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that 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
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period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 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 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
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
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. AUTHORIZA nON 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 Subrecipient 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 bylaws against entering into this
Agreement.
J. SECTION 504
The Subrecipient 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 harmless, and
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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 al 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
Subrecipient 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.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning 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 Subrecipient
agrees to post in conspicuous places, available to employees and
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applicants for employment, notices to be provided setting forth the
provisions of the 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.
(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 1086, 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 thereof, 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 in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
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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 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 grounds 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 Emergency Shelter 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.
c. Subject to segregated or separate treatment in any facility, or in
any other matter 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,
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servIces, financial 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,
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 (51%) 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 1701 u), 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.
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.
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E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 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 of 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
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 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 the Act 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.
G. Flood Disaster Protection
This Agreement 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
mandatory 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 ofthe 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.
14
1. 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 ani way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
1. 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 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 regulation requires 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 Assessments
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
. 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 106 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
Program Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
. Relocation Assistance Plan;" The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or 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 24CFR 570.606.
15
Unless specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement for persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any persons
or business as a result of Emergency Shelter Grant Activities, if shall comply with the
Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter 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 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 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 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 Restriction
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 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 or 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 according.
This certification is a material representation of face 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. .
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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 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
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth 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 of 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 provided 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:
~
~BY:
,
,
ATTEST:
SEAL
8~JS
Lmda Tilby
As its Secretary
~~ ~-U~
. (plain \Vitness)
18
APPENDIX A
Project Area
Coordinated Health Services is located in The Salvation Army building at 1384 Greene
Street, Augusta, GA 39091.
APPENDIX B
Goals. Objectives. and Tasks
Coordinated Health Services/St. Vincent dePaul Health Center provides primary and
preventive health care to homeless people, those at high risk for homelessness, and low-
income uninsured working people.
ESG funds will be used to assist with the salary for the Nurse Practitioner. CHS will
perform the following activities under this agreement:
. Primary health care (the first contact with the health care system - usually involves
treatment for common health problems);
. Preventive health services (providing health care to prevent the occurrence or
progression of health problems);
. Crisis counseling and primary mental health services (providing treatment for such
problems as depression, anxiety, and stress);
. Management of high blood pressure (screening, diagnosis, and treatment);
. Acute health care for participants at the soup kitchen, including a number of people
who habitually live "on the street";
. Home outreach to selected clients in order to more fully assess their needs and
provide additional continuity of care;
· Case management for clients with multiple, complex needs (an intensive and
comprehensive level of care often requiring interaction with a number of other
community agencies and familiarity with their resources and criteria for eligibility);
. Coordination of services for the very poor, especially the homeless, with Catholic
Social Services, the Salvation Army, and other programs that provide care for the
very poor and uninsured, in order to care for them in a holistic manner.
With the assistance from this grant, 2,500 homeless, near homeless and low-moderate
income persons will be served.
A schedule for completion of this activity shall be submitted to Grantee within fifteen
(15) days after the execution of this agreement. The schedule shall be in sufficient detail
for Grantee to monitor the performance of this agreement.
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Responsibilities of Subrecipient:
I. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients 'and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. 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).
APPENDIX C
Budget
Operating Costs
(Salary)
$10,000.00
TOTAL
$10,000.00
APPENDIX D
Reportine: Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual financial Report shall be submitted to Grantee.
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APPENDIX E
Reports' Schedule
1. Quarterly Program Progress & financial Reports Due:
For Reporting Period:
1st April 15, 2000
2nd July 15,2000
3rd October 15, 2000
4th January 15,2001
January 1,2000- March 30, 2000
April 1, 2000 - June 30, 2000
July 1, 2000 - September 30, 2000
October 1, 2000 - December 31, 2000
2. Annual & Financial Reports and Use of Properties:
1 st
2nd
3rd
4th
5th
January 30, 2001
January 30, 2002
January 30, 2003
January 30, 2004
January 30, 2005
January 1, 2000 through December 31, 2000
January 1,2001 through December 31, 2001
January 1,2002 through December 31,2002
January 1, 2003 through December 31, 2003
January 1, 2004 through December 31, 2004
3. Audit Report due within 30 days after completion of audit.
21
"<
ATTACHMENT #1
Regulations. Circulars & Local Procurement Policv
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
c. OMB Circular A-I10
"Grants and Agreements with Institutions of High Education, Hospitals & Other
Non-Profit Organizations"
d. OMB Circular A-133
"Audits of Institutions of Higher Education, Hospitals & Other Non-Profit
Organizations"
e. Augusta-Richmond County Procurement Policy
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a. ESG Income Verification
b. Reimbursement Request
c. Monthly Statistical Report
d. Quarterly Report
e. Annual Report
f. Time Sheet
g. Travel Log
A TT AcHMENT #2
Forms
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