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HomeMy WebLinkAboutJ W C HELPING HANDS INC YR 2008 CDBG -I @(Q)~W .; AGREEMENT BETWEEN AUGUSTA, GEORGIA AND J.W.C. HELPING HANDS, INC. FOR YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM This Agreement is made and entered into this 1st day of January, 2008, by and between Augusta, Georgia, by and through the Augusta-Richmond County Commission, as the Implementor of the Community Development Block Grant Program (hereinafter referred to as "Grantee"), and J. W.C. Helping Hands, Inc. (hereinafter referred to as the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93- 383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto as follows: ARTICLE I. DEFINITIONS AND IDENTIFICATIONS Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in this Article I. Community Development Block Grant (CDBG) Program or "Program" The term "Community Development Block Grant (CDBG) Program," or "Program" shall mean that program administered by the Housing and Community DeveiopmentDepartment of the City and funded by a Community Development Block Grant applied for by the City and awarded by HUD as authorized pursuant to Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended. Department The term "Department" shall mean the Housing and Community Development Department of the City. Grantee The term "Grantee" shall mean the City as Grantee of a Community Development Block Grant awarded by HUD. City The term "City" shall mean Augusta, Georgia. HUD The term "HUD" shall mean the U. S. Department of Housing and Urban Development. Project The term "Project" shall mean the project or projects set forth in Article III hereto entitled "Scope of Services and Timetable." Low- and Moderate-lncome.Household The term "Low-and moderate-income Household" shall mean a household having an income equal to or less than the Section 8 low-income limit established by HUD. .... Low- and Moderate-Income Person The term "Low- and Moderate-Income Person" shall mean a member of a family having an income equal to or less than the Section 8 low-income limit established by HUD (80% of Area Median Income). Unrelated individuals will be considered as one-person families for this purpose. Household Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other related or unrelated person who share living arrangements. ARTICLE II: PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the "Act") consolidated several existing programs for community development into a single program of Community Development Block Grants (hereinafter "CDBG") for the purpose of allowing local discretion for the determination of needs and priorities of community development. The citizens of Augusta through citizen participation workshops, the Mayor, and Commission determined the needs and priorities of community development in the City. 2. Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in City's CDBG submission to HUD, referred to as the Annual Plan. The City determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: (a) Activities benefiting low- and moderate-income persons; (b) Activities which aid in the prevention or elimination of slum and/or blight; and/or, (c) Activities designed to meet community development needs having a particular urgency. The City has determined that the Project is a CDBG eligible activity as it addresses one or more of these objectives. 3. Under the Rules and Regulations of HUD, the City is administrator for the Program, and is mandated to comply with various statutes, rules and regulations of the United States, as they pertain to the allocation and expenditure of funds as well as protecting the interest of certain classes of individuals who reside in the City of Augusta. 4. The Grantee is desirous of disbursing the funds to the Subrecipient for use in the Project. However, as administrator for the Program, the Grantee desires to obtain the assurance from the Subrecipient that it will comply with all applicable statutes, rules and regulations of the United States, the State of Georgia, and/or the City relating to the Project and the Program, as a condition precedent to the release of such funds to the Subrecipient. 2 '-. i '1 ARTICLE III: PROJECT The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Five-thousand dollars ($5.000) (hereinafter the "Grant") to implement the following project(s): Food Distribution Program Subrecipient will distribute food items to low-and moderate-income persons. Said project is more fully set forth in Exhibit "A" attached hereto and made a part hereof. ARTICLE IV: NOTICES Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following Agreement representatives: Grantee: Augusta, Georgia Attention: David S. Copenhaver, Mayor 530 Greene Street, 8th Floor Augusta, Georgia 30901 With copy to: Housing and Community Development Department Attention: Chester A. Wheeler, Ill, Director 925 Laney-Walker Boulevard Augusta, Georgia 30901 If to Subrecipient: J.W.C. Helping Hands, Inc. Attention: Velma D. Harris, Director 2050 Bolt Drive Augusta, Georgia 30901 ARTICLE V: GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations conceming Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies goveming the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, 3 . '. retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor. C. Hold Harmless The Subrecipient shall hold harmless. defend and indemnify the Grantee from any and all ciaims, actions, suirs, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect 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 reimbursements/advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee's Recoonition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the suppor. provided herein in ali publicarions made possible with funds made available under this Agreement G. Amendments 1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement 2. It is further understood that the Grantee is responsible to HUD for the administration of funds and may consider and act upon reprogramming recommendations as proposed by its Subrecipient In the event that the Grantee approves any modification, amendment, or alteration to the funding allocation, the Subrecipient shall be notified pursuant to Article V and such notification shall constitute an official amendment to this Agreement. 3. It is further agreed that the Subrecipient will submit to the Grantee within thirty (30) days of the completion of each Project a complete financial accounting of all its project activities. 4. The Departmenfs Director shall be authorized to approve line item changes to the Subrecipienfs budget as long as such changes do not increase in the grant amount set forth in the "Budgef'. 5. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the Grantee and Subrecipient 4 6. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement No amendment will be granted to extend the agreement beyond the established end of grant period. H. Suspension or Termination 1. In accordance with 24 CFR 85.43. the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include , but are not limited to the following: (a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; (b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; (c) Ineffective or improper use of funds provided under this Agreement; or (d) Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect 2. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. ARTICLE VI: ADMINISTRATIVE REQUIREMENTS A. Financial Manaoement 1. Accountino Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate intemal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (a) Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers, or documents relating to the Project. (b) Subrecipient agrees to maintain books, records, and documents in accordance with general accepted accounting procedures and practices that sufficiently and properly reflects all expenditures of Grant funds provided by the Grantee under this Agreement. (c) All Grant funds disbursed through a Community Development Block Grant shall be used only for eligible activities specifically outlined in this Agreement. The Subrecipient shall 5 comply with any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not comply with the conditions and timetables, or if the Subrecipient ceases to exist or provide the services for which the Grant was made, the Subrecipient will not carry out another CDBG eligible project, the Subrecipient shall be in default. In the event of default, the Grantee may exercise any rights or remedies provided in this Agreement B. Documentation and Recordkeeoing 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition,' improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited by unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 6 5. Close-outs The Subrecipient's obligation to the Grantee shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments and disposing of program assets. Not withstanding the foregoing, the. terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funa~, including program income. Any Grant funds remaining at the end of the Agreement period shall be returned to the Grantee, and the Grantee may in its discretion reprogram the funds to another CDBG eligible project 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and OMB Circular A-133. C. ReoortinQ and Payment Procedures 1. ProQram Income The Subrecipient shall report "monthly" all program income [as defined at 24 CFR 570.500(a)] generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Program income anticipated to be generated from the use of CDBG funds for this project is approximately $0. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative. costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 7 3. Invoicinq and Pavment Procedures 1) In order to obtain reimbursement from the Grantee in connection with the Project, Subrecipient shall provide the following information: a. Suorecipient shall submit Monthly Progress Reporrs for the Project in the form attached hereto as Exhibit "E" detailing accomplishments for the report period and the number of participants broken down by race, sex and female head of household. In addition, for each Program participant, the Subrecipielnt shall complete a Participant Income Eligibility Form in the form attached hereto as Exhibit "D" and shall submit such forms with its Monthly Progress Report. The Monthly Progress Report and Participant Income Eligibility Form must accompany all requests for payment until all funds have been expended. In the event that all funds are expended prior to the expiration of the agreement period, reports must continue to be submitted throughout the twelve month period. b. The Subrecipient shall submit time sheets as backup documentation for salary reimbursement. In addition, the Subrecipient shall submit mileage, if applicable. c. Request for reimbursement by Subrecipient shall be accompanied by invoices, cancelled checks, receipts or other documentation evidencing funds expended by Subrecipient. d. The Grantee agrees to reimburse costs allowable under Federal, State and Local guidelines. 2) Upon receiving the invoices, reports and other material, the Department shall audit such documentation to determine whether the items invoiced are eligible for reimbursement under applicable Federal, State and local laws and regulations. 3) The Department shall authorize the Grantee's Financial Officer to reimburse the Subrecipient for all costs it determines are eligible for reimbursement, pursuant to the audit. Payments will be made on a monthly basis with a 3D-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. 4) The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and the Grantee policy concerning payments. The Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient. 4. Prooress Reports The Subrecipient shall submit Monthly Progress Reports to the Grantee in the form (Exhibit E), content, as required by the Grantee. Progress reports shall be submitted by the 15th day of each month for prior month activities. 8 5. Annual Reports The Subrecipient shall submit an Annual Performance Report to the Grantee in the form (Exhibit F), content as required by the Grantee. The Annual Performance Reoort shall be submitted to Grantee by January 15 following the year of tne grant period. D. Procurement 1. Compliance The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory reCords of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Personal property means property of any kind except real property. All program assets (unexpended program income and/or property) shall revert to the Grantee upon termination of this Agreement a. All procurement transactions regardless of whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide maximum open free competition consistent with the Cost Principles for Non-Profit Organizations, OMB Circular A-11 0 "Procurement Standards." b. Subrecipient shall make positive efforts to utilize small business and minority owned business sources, as well as women-owned businesses, for supplies and services. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement ' E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement or such longer period of time as the Grantee deems appropriate. 3. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient 9 may retain real property acquired or improved under this Agreement after the expiration of the five-year period or such longer period of time as the Grantee deems appropriate. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program. income (prorated to reflect the extent to that funds received under this Agreement were used to acquire me equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be: a. Transferred to the Grantee for the CDBG program, or b. Retained after compensating the Grantee for an amount equal to the current fair market. ARTICLE VII: RELOCATION REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti- displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. ARTICLE VIII: PERSONNEL & PARTICIPANT CONDITIONS A. Civil Riqhts 1. Compliance a. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. b. I n compliance with Executive Order 11246 and Section 3 of the 1968 Housing and Urban Development Act regarding Equal Employment Opportunity, the Subrecipient agrees and understands that no person shall be discriminated against on the grounds of race, color, national origin, age, familial status, handicap or sex. Further assurance is also given that the Subrecipient will immediately take any measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight at the Project location, for the benefit of interested parties, and all subContractors will be notified of the policy provisions. - 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 10 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement B. Affirmative Action 1. Aoproved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women and Minoritv-0wned Businesses (w/MBE) (24 CFR 570.610& Part 84 applies) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to partiCipate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish sumamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall fumish and cause each of its own Subrecipients or subcontractors to fumish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 11 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other Agreement or understanding, a notice, to be provided by the agency Contracting officer, advising the labor union or worker's representative of the Subrecipient's commirmems hereunaer, and snail posr copies of the notice; in conspicuous places available to employees and applicants for employment. 5. EQual Emplovment Opportunitv and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient; state that it is an Equal Opportunity or Affirmative Action employer. 6. SubContract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and 8, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own Subrecipients or subcontractors. C. Emplovment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part Such documentation shall be made available to the Grantee for review upon request The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all Contractors engaged under Contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreemen~ shall comply with Federal requirements adopted by the Grantee pertaining to such Agreements and with applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 goveming the payment of wages and ratio of apprentices and trainees to joumey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such Agreements subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Subrecipient and any of the Subrecipienfs subrecipients and 12 subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of theSubrecipients subrecipients and subcontractors, their successors and assigns, to those sanctions soecified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to complY with these "Section 3" requirements and to indude the foliowing language in all subcontracts executed under this Agreement "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 ). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that Agreements for\NOrk in connection with the project be awarded to business concerns that provide economic opportunities for Iavv- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (induding reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to bw- and very Iow-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, . priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs and award Agreements for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concems that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concems that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no Contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of \NOrkers with which it has a collective bargaining agreement or other Agreement or understanding, if any, a notice advising said labor organization or \NOrker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will indude this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will noflet any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations, 13 D_ Conduct 1. Assionabilitv The Subrecipiemt shall not assign or transfer any interest in this Agreement without the prior written consent of tne Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be fumished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement b. Monitorinq The Subrecipient will monitor all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance. with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation conceming the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 ofTrtle V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govem the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a Agreement supported by Federal funds if a conflict of interest, real or apparent, would be involved. 14 c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract or agreement with resoect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom tney have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobb~nq The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. d. Lobbvinq Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Coovriqht If this Agreement results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for govemmental purposes. 15 7. Reliqious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. ARTICLE IX: ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement Clean Air Act, 42 U.S.C., 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require tha~ depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. 16 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) SEAL By: (g~i~ As its Mayor ~ cd~ (f( , LEma J~o.nrie[,,'>" .;,', Clerk of Coriiriifsslon /""\., :':;~",.'~,.,'..;' :..~; "..."..{4t~'}ft;<.:;::T' '~ -., -;"' ~:' f~ '::' ' ~::';~-'itjt~_!~:_~:lL l ~:; j/ "f~...;., ""',~ @: ,,f,:'" ,',-. ~-.t. ...:f ;;~":' \'.~, _".o:"".;ttjf' . ~~'~~':~'ii~~~~~~:1~~ Chester 1\. heeler, III Director AHCDO ATTEST: J.W.C. HELPING HANDS. INC. (Subrecipient) SEAL BY: lJl' 1/ . fL., 'k:-1"ytM..tt,.L.--'4'-".i1l~V Magelene JameS' As its President ~ ',9 {-7 (~t).. J}i-<- r/;:--.P t I/~ .A/ (J . azelyn Beaz . As its Corporate Secretary "I . \\ '*'- ). \ ';'\--...-0C., \~~-\..'-''''-/L (Plain Witness) 18 . . EXHIBIT "A" SCOPE OF SERVICES AND TIMETABLE The Subrecipient will be responsible for administering the "Food Distribution Program" in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these Tunds. Such program will include the following activities eligible under the Community Development Block Grant Program: I. SCOPE OF SERVICES A. Activities J.W.C. Helping Hands, Inc. will provide food services to low-and moderate-income individuals and families through their food pantry, on-site distribution including SNAP, Brown Bag, Manna Truck and Fresh Commodities' Truck. Program Delivery Subrecipient will distribute food supplies to a total of 100 persons. The services are available on Monday, Wednesday and Friday, 10:00 a.m. to 4:00 p.m. and on call for emergency assistance throughout the entire week. The facility is located at 2050 Bolt Drive in the Augusta Housing Authority's Dogwood Terrace Public Housing Community. General Administration The Board of Directors manages the Subrecipient, the Executive Director manages the Agency's programs and finances, volunteers support the agency and clients. B. National Obiectives The Subrecipient certifies that the activity carried out under this Agreement will meet the National Objective: benefit low-and moderate-income persons. Subrecipient will meet the requirements under the regulations by requiring information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low and moderate income limit. C. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: Activity Provide Food Items to low-and moderate-income persons Persons per Month 9 persons Total PersonslYear 100 persons D, Staffing Velma D. Harris, Director is responsible for operation of project, support, clerical aspects of the project and accounting activities - 18 hours per week Volunteers are provided from the work program at the Department of Family and Children Services _ hours vary depending on the amount of volunteers available. 19 ~ . k. Property Records - Subrecipient is required to maintain formal subsidiary records to control all project property and equipment. Such records shall disclose the acquisition and subsequent disposition of all property. An annual inventory should be conducted, and the books shall reflect the actual value of property on hand at the end of the fiscal yeaL 2. AIi project accounting records and supporting documents shall be maintained for a period of at least five (5) years after termination of the Grantee's award. The records shall be made available to the Grantee, HUD and/or any of their authorized representatives. 3. Subrecipient should maintain records in an orderly manner, with separate identification for different federal time periods. Records must be protected from fire or other perils, and if stored in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others who may be authorized to examine such records. EXHIBIT "C" REPORT SCHEDULE REPORT DUE PERIOD COVERED Monthly Progress Report 15th day of each month (Jan-Dec) For Prior month activities Grant Period (January 1 - December 31) Annual Report Audit Performance January 15 after year of grant period 30 davs after receipt of Audit Report Subrecipient's audit period 22