HomeMy WebLinkAboutNEW SAVANNAH ROAD SOCIAL SERVICES CDBG $10,000 YR 2008
..
OR.lHAI.
AGREEMENT BETWEEN AUGUST A, GEORGIA
AND
NEW SAVANNAH ROAD SOCIAL SERVICES, INC.
FOR
YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
This Agreement is made and entered into this 1S\ day of Januar{ 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 NEW
SAVANNAH ROAD SOCIAL SERVICES, 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 Deveiopment Department of the City and funded
by a Community Development Biock 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 1\1 hereto entitled "Scope of
Services and Timetable."
Low- and Moderate-Income Household
The term "Low and Moderate Income Household" shall mean a household having an income equal to or
less than the Section 8 low-income limit established by HUD.
1
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.
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.
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
ARTICLE V: GENERAL CONDITIONS
ARTICLE III: PROJECT
The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Ten Thousand Dollars
($10.000) (hereinafter the "Grant") to implement the following project(s):
"NEW SAVANNAH ROAD SOCIAL SERVICES YOUTH & SENIOR PROGRAMS"
Subrecipient will provide an after school tutorial program and senior citizens programs to low and
moderate income individuals. 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, III, Director
925 Laney-Walker Boulevard
Augusta, Georgia 30901
Subrecipient: New Savannah Road Social Services, Inc.
Attention: Rev. James Williams, President/CEO
1686 Old Savannah Road
Augusta, GA 30901
A. General Compliance
The Subrecip!ent 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
3
4
all times remain an "Independent Contractor" with respect to the services to be performed under this
Agreement The Grantee shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient
is an Independent Contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims,
actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance
or nonperformance of the services or subject matter called for in this Agreement
D. Workers' Comoensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
E. Insurance & Bondino
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
support provided herein in all publications made possible with funds made available under this
Agreement
G. Amendments
1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments
make specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient
from its obligations under this Agreement
2. It is further understood that the Grantee is 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, amendmen~ 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
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.
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 Agreemen~ 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 ManaQement
1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMS 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.
6
(b) Subrecipient agrees to maintain books, records, and documents in accordance with
general accepted accounting procedures and practices that sufficiently and properly reflects
all expenditures of Grant funds provided by the Grantee under this Agreement.
(c) All Grant funds disbursed through a Community Development Block Grant shall be
used only for eligible activities specifically outlined in this Agreement. The Subrecipient
shall comply with any conditions and timetables set forth in this Agreement. In the event the
Subrecipient does not comply with the conditions and timetables, or if the Subrecipient
ceases to exist or provide the services for which the Grant was made, the Subrecipient will
not carry out another CDBG eligible project, the Subrecipient shall be in default. In the
event of default, the Grantee may exercise any rights or remedies provided in this
Agreement.
B. Documentation and Recordkeepinq
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.
7
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 parenVguardian.
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
funds, including program income.
Any Grant funds remaining at the end of the Agreement period shall be retumed 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. Reportinq 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.
8
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such
plan to the Grantee for approval, in a form specified by the Grantee.
3. InvoicinQ and Payment Procedures
1) In order to obtain reimbursement from the Grantee in connection with the Project,
Subrecipient shall provide the following information:
a. Subrecipient shall submit Monthly Progress Reports 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 Subrecipient shall
complete a Participant Income Eligibility Form in the form attached hereto as
Exhibit liD" 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.
3) 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.
9
4. Proaress 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.
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 Report shall be
submitted to Grantee by January 15 following the year of the grant period. .
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of
equipment and shall maintain inventory records of all non-expendable personal property as defined
by such policy as may be procured with funds provided herein. Personal property means property
of any kind except real property. All program assets (unexpended program income and/or
property) shall revert to the Grantee upon termination of this Agreement
a. All procurement transactions regardless of whether negotiated or advertised and without
regard to dollar value, shall be conducted in a manner so as to provide maximum open
free competition consistent with the Cost Principles for Non-Profit Organizations, OMS
Circular A-110 "Procurement Standards."
b. Subrecipient shall make positive efforts to utilize small business and minority owned
business sources, as well as women-owned businesses, for supplies and services.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 24 CFR 84.40-48.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the
metropolitan area with funds provided under this Agreement
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts
receivable 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.
10
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
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 the 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. In compliance with Executive Order 11246 and Section 3 of the 1968 Housing
and Urban Development Act regarding Equal Employment Opportunity, the
Subrecipient agrees and understands that no person shall be discriminated against on
the grounds of race, color, national origin, age, familial status, handicap or sex. Further
assurance is also given that the Subrecipient will immediately take any measures
necessary to effectuate this policy. Notice of the policy will be placed in plain sight at
the Project location, for the benefit of interested parties, and all Subcontractors will be
notified of the policy provisions.
2. Nondiscrimination
11
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.
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
Subtecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take
such measures as are necessary to enforce such covenan~ 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-Owned Businesses (wIMBE) (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 surnamed or Spanish-heritage Americans, Asian-
Americans, and American Indians. The Subrecipient may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3. Access to Records
The Subrecipient shall furnish 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
1. Prohibited Activitv
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other Agreement or understanding, a notice, to be provided
by the agency Contracting officer, advising the labor union or worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. Eaual Emplovment OpPOrtunity 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 B, 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
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. 327 et 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 An~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 tha~ 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 governing 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
12
13
the execution of this Agreemen~ 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 Subcontractors. Failure to fulfill these requirements shall subject the Grantee, the
Subrecipient and any of the Subrecipienfs subrecipients and Subcontractors, their successors and
assigns, to those sanctions specified 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 include the
following 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 Ad 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 Iow- and very low-income
residents of the project area, and that Agreements for work in connection with the
project be awarded to business concems that provide economic opportunities for Iow-
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 (including reduction and abatement of Iead-based paint hazards),
housing construction, or other public construction project are given to low- 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 workers with which it has
a collective bargaining agreement or other Agreement or understanding, if any, a notice advising said
labor organization or worker'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 include 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 kncmledge
that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any
subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
14
D. Conduct
1. Assiqnabilitv
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of
the 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. Monrnorino
The Subrecipient will monrnor all subcontracted services on a regular basis to assure Agreement
compliance. Results of monrnoring 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 Agreemen~
shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter
15 ofTiUe V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 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, an Agreement supported by Federal funds if a conflict of
interes~ real or apparent, would be involved.
15
c. No covered persons who exercise or have exercised any functions or responsibilities
with respect to CDBG-assisted activities, or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, may
obtain a financial interest in any Agreement, or have a financial interest in any contract,
subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the
proceeds from the CDBG-assisted activity, either for themselves or those with whom
they have business or immediate family ties, during their tenure or for a period of one (1)
year thereafter. For purposes of this paragraph, a "covered person" includes any person
who is an employee, agent, consultant, officer, or elected or appointed official of the
Grantee, the Subrecipient, or any designated public agency.
5. Lobbving
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-exdusive and irrevocable license to reproduce,
publish or otherwise use and to authorize others to use, the work or materials for
govemmental purposes.
16
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 Ac~ as amended, 33 U.S.C., 1251, et seq., as amended, 1318
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines issued
thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the
Subrecipient shall assure that for activities located in an area identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for acquisition
or construction purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance
provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608,
and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all
owners, prospective owners and tenants of properties constructed prior to 1978 be properly. notified that
such properties may include lead-based paint. Such notification shall point out the hazards of lead-based
paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-
based paint poisoning and the advisability and availability of blood lead . level screening for children under
seven. The notice should also point out that if lead-based paint is found on the property, abatement
measures may be undertaken. The regulations further require that, depending on the amount of Federal
funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S~C. 470) and the procedures set forth in
36 CFR Part 800, Advisory Council on Historic 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
17
ARTICLE X: SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected
thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and
shall not limit or otherwise affect the terms of this Agreement.
ARTICLE XII: WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with
respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
ARTICLE XIII: ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of
funds received under this Agreement and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect
to this Agreement
SIGNATURE PAGE
AUGUSTA, GEORGIA
(Grantee)
ATTEST:
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
ATTEST:
6Ie;~ of Cb'h1~j~t~~-0i ~J
\ .., woo "," d
\" :;:J.'i,il . fj,C .I..~
..,:....,.. ~PJfD$~G~4I #
":ta,..~ G.{i:ORG\~_~
" 'rlt.~~'Ot.~""'"
SEAL
~
As its Corporate Secretary "\
/
(Plain Witness)
By eJ) -u {;{-
David S. Co nhaver
As its Mayor
Frederick L Russell'
City Administrator
~,,,, -
, Chester A. Wheeler, III
Director AHCDD
NEW SAVANNAH ROAD SOCIAL SERVICES, INC.
( Subrecipient)
BY ( 2-~,~~
Y Rev. James Williams
As its PresidenUChief Executive Officer
18
Activit
Senior Citizens Program
Tutorial Program
Youth on the Move
Units er Month
15 seniors
15 youth
15 outh
Total UnitslYear
15 seniors - unduplicated
15 youth - unduplicated
15 outh - undu Iicated
EXHIBIT "A"
SCOPE OF SERVICES AND TIMETABLE
The Subrecipient will be responsible for administering the New Savannah Road Social Services Youth
& Senior programs in a manner satisfactory to the Grantee and consistent with any standards required
as a condition of providing these funds. Such programs will include the following activities eligible
under the Community Development Block Grant Program:
I. SCOPE OF SERVICES
A. Activities
CDBG funds will be used to provide educational and recreational programs to low and moderate
income senior citizens and inner-city youth who reside in the Bethlehem Neighborhood of Augusta.
Program Delivery
The Subrecipient will provide a tutoring program for 40 youth every Tuesday from 6:00 p.m. -8:00 p.m.
during the school year, September through May, and a summer program June 9 - July 3, Monday-
Friday 8:00 a.m.-1 :00 p.m. Another youth program "Youth on the Move" is offered every Thursday 5:30
p.m.-7:30 p.m.
The Subrecipient will operate a senior citizens program each Tuesday from 1 0:00 a.m. -12:00 noon to
30 seniors providing workshops and health fairs.
General Administration
Rev. James Williams, as the President/CEO and the Board of Directors manages the agency's
finances. Dr. Janet Lenard, Program Director and Ms. Josie Fuller, Administrative Assistant will
manage the operations of the programs with three (3) paid tutors and a staff of volunteers to assist with
administering both programs.
B. National Obiectives
The Subrecipient certifies that the activities carried out under this Agreement will meet the National
Objective: benefit low and moderate income persons to include seniors and inner city youth.
Subrecipient will meet the requirements under the regulation by requiring information on family size and
income so the 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 except for seniors who are presumed to be low
income.
C. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
19
$2,200
$2,(XX)
$1 ,(xx)
$1,500
$3,300
$10,(XX)
D. Staffinq
Rev. James Williams, CEO
Ms. Williams, Senior Program
Ms. Carmichael, Tutorial Program
Ms. Wiley, Youth On The Move
Tutors
E. Performance Monitoring
The Subrecipient agrees that the Department may carry out periodic monitoring activities as
determined necessary by the Department. At a minimum, monitoring shall occur annually, and
it may occur more frequently if the Department deems it necessary. The Department will
provide the Subrecipient with advance notice in writing prior to any monitoring activities. Such
monitoring shall consist of evaluating the Subrecipient's compliance with the terms and
conditions of this Agreement, and comparing the Subrecipient's projected Project schedule,
budget and output with its actual performance. Upon request, the Subrecipient shall furnish the
Department, the Grantee, or its designee copies of such records and information as the
Department or the Grantee deems necessary. In addition, the Subrecipient shall submit
monthly progress reports as required by this Agreement, and shall prepare such other reports
as may be required by the Department, the Grantee and/or HUD.
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the Grantee will
constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time after being
notified by the Grantee, Agreement suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on January 1, 2008 and end on December 31, 2008.
The term of this Agreement and the provisions herein shall be extended to cover any additional
time period during which the Subrecipient remains in control of CDBG funds or other CDBG
assets, including program income.
III. BUDGET
I..he I1em
Ama.Jnt
Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing
and Community Development Department.
20
21
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed $10.000. Draw downs for the payment of eligible expenses shall be
made against the line item budgets specified in Paragraph III herein and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets
specified in Paragraph III and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management system in
accordance with the standards specified in 24 CFR 84.21.
Subrecipient is also responsible for submitting to the Grantee, monthly progress reports, time sheets (if
applicable), . mileage (if applicable), invoices and any other documentation deemed necessary by the
monitoring official during the funding cycle. These records shall be retained up to five (5) years after
the Agreement expires.
EXHIBIT "8"
PROGRAM REQUIREMENTS
Subrecipient shall operate this project funded through the City's Community Development Block Grant
Program according to the following guidelines:
1. Accounting and related records of Subrecipient shall comprise the following as a minimum:
a. Voucher System - All supporting documentation, such as purchase order, invoices,
receiving reports and requisitions.
b. Books of Original Entry - Cash receipts and disbursements journal, general ledger.
c. Chart of Accounts - Listing of accounts must be maintained in the accounting system.
d. Personnel Records - Separate personnel file shall be maintained for each project
employee. As a minimum, the file shall contain a resume of the employee, a
description of duties assigned, and a record of the date employed, rate of pay at the
time of employment, subsequent pay adjustments, and documentation supporting leave
taken by the employee.
e. Attendance Record - Attendance records shall be maintained for all personnel paid with
CDBG funds. This applies to part-time as well as full-time personnel. In addition to
accounting for daily attendance, the type of leave taken (annual, sick, or other), shall be
disclosed. Daily attendance records must support budgetary changes for payroll
purposes.
f. Payroll Records - Formal payroll records supporting cash disbursements to employees
shall be maintained. Such records shall disclose each employee's name, job title,
social security number, date hired, rate of pay, and all required deductions for tax
purposes. Timely quarterly payment of taxes withheld from employees for the Federal
Government, along with required matching costs, are required. In addition, all charges
for payroll purposes shall be in accordance with the budget submitted to the Grantee.
g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient.
All checks, stubs, etc. shall be prenumbered and accounted for, including voided
checks. Check stubs, cancelled checks, and deposit slips must be readily available for
audit purposes.
h. Petty Cash - Subrecipient is encouraged to use an imprest system and adhere to a
monthly, or if necessary, more frequent reimbursement procedure if any CDBG funds
are used as petty cash.
i. Purchasing Practices - HUD considers State-purchasing regulations to be an
acceptable standard for purchasing practices. Local purchasing practices and other
procedures shall prevail unless State and/or Federal practices and procedures are
more stringent. Therefore, Subrecipient is obligated to conform to the more restrictive
practices and procedures. It is recommended that Subrecipient use a formal
prenumbered purchase order system where possible and applicable.
j. Inventories - Subrecipient is advised to maintain adequate safeguards against loss by
theft or physical deterioration of any inventories of office supplies, equipment, or other
items purchased with CDBG funds.
22
REPORT
DUE
PERIOD COVERED
k. Property Records - Subrecipient is required to maintain formal subsidiary records to
control all project property and equipment. Such records shall disclose the acquisition
and subsequent disposition of all property. An annual inventory should be conducted,
and the books shall reflect the actual value of property on hand at the end of the fiscal
year.
2. All project accounting records and supporting documents shall be maintained for a period of at
least five (5) years after termination of the Grantee's award. The records shall be made
available to the Grantee, HUD and/or any of their authorized representatives.
3. Subrecipient should maintain records in an orderly manner, with separate identification for
different federal time periods. Records must be protected from fire or other perils, and if stored
in a location other than the project site, shall be readily accessible to the Grantee's staff, HUD
officials and others who may be authorized to examine such records.
EXHIBIT "C"
REPORT SCHEDULE
Monthly Progress Report
15th da of each month
For Prior month activities
Grant Period
(January 1 - December 31)
Annual
Re ort
Audit
Performance
January 15 after year of grant period
23