HomeMy WebLinkAboutThe 1998 Emergency Shelter Grant Program
Augusta Richmond GA
DOCUMENT NAME: !he- IDtCf<t elmeV~en0J She.-lfev
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DOCUMENTTYPE: AsreerY1efl+-
YEAR: I q~1 Y
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FILE NUMBER: J 3? ~+
NUMBER OF PAGES: / 3X'
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CONTRACT BETWEJ
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GEORGIA LEGAL SERVICES PROGRANl, l1~L.
FOR
TltIE 1998 EMERGENCY SHELTER GRANT PROGRAM
THIS AGREEMENT, made and entered into on this r day of January, 1998, by and
between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County
Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter
refened to as "Grantee"), and Georgia Legal Services Program, Inc., (hereinafter referred
to as the "Subrecipient").
WHEREAS, the Grantee has received an Emergency Shelter Grant from the United
State:; Government under Subtitle B of Title IV of the Stewart B. McKinney Homeless
Assistance Act (42 USC 11371-11378).
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a Emergency
Shelter Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Emergency Shelter
Grant Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
Homeless Advocacy Project
Provide civil legal representation to homeless individuals and families to include
the acquisition of birth certificates and Georgia identification cards.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
detennined by the Gr~tee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January L 1998, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract unless
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so otherwise specified in the Contract Section 19 (General Terms and
Conditions). This Agreement shall remain in effect until December 31,
1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in
part, whenever the Commission, on recommendation from the Director of
the Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole of in part, shall be effected by delivery of a Notice
of Termination signed by the Mayor, mailed or delivered to Subrecipient,
and specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for
the default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to
the other party. All reports or accountings provided for herein shall be
rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income, homeless and minority
people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce
the Contract compensation amount if the Subrecipient:
1) F ails to file required reports or to meet project progress or
completion deadlines;
2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-I 10. [Attachment 1#(b)];
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3) Expends funds under this Agreement for ineligible activities,
services, or items;
4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
5) Violates Labor Standards requirements; or
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
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Phyllis 1. Holmen, Executive Director
Jack Webb, Director of Finance
Cathy Jackson, Office Manager
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons
being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this contract. If actions to correct such
substandard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All t:lSks and reports shall be conducted and completed in accordance with recognized
and I::ustomarily accepted industry practices, and shall be considered complete when
servil::es are approved as acceptable by the Grantee in writing. In the event of rejection of
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any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10)
working days from date of issuance of notification to correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
within said ten-day period shall constitute a breach of this contract for which the
Sub:recipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $10,000 for full performance of
the ~;ervices specified under this Agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
payment to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget documentation which is
attached to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrecipient specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient is entitled to
recei ve the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th day
of each calendar month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its
obligations, which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use Df funds received pursuant to this Agreement shall be in accordance with the
requirements of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
Shelter Grant Program, and any amendments or policy revisions thereto which shall
become effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Subrecipient agrees to comply with other
applicable laws, including National Environmental Policy Act of 1969 (and the
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implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as
amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR
570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income homeless individuals and families. The Subrecipient agrees to maintain
docur:~entation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.1: (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to hel.p make available additional emergency shelters, (3) to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homel.ess individuals, so that these persons have access not only to safe and sanitary
shelter, but also to the supportive services and other kinds of assistance they need to
improve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subredpient agrees to comply with the requirements of Title 24 Code of Federal
,Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
pursmmt to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Determining Cost Applicable to Grants and Contracts with State, Local and Federally
Recognized Indian Tribal Governments," OMB Circular A-128,
"Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections
of 24 CFR 851, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-I22, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-133, "Audits of Institutions of Higher
Educal:ion and Other Non-Profit Institutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-II 01, as specified at 24 CFFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Sllbrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
donated material or building: the value of any lease on a building; any salary paid to staff
in carrying out the emergency shelter programs; and the time and services contributed by
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volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per
hour. The Grantee shall determine the value of any donated material or building or any
lease: using any method reasonably calculated to establish a fair market value.
10. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subrl~cipient shaJ,l. report all "monthly" program income as defined at 24 CFR 570.504 on
a quarterly basis. The Subrecipient may use such income during the contract period for
the designated use and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unused program income shall be reported to
the Grantee at the end of the contract period. At that time a determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
income may revert to the Grantee's Emergency Shelter Grant Program. If the
Subrecipient is allowed to retain program income, the Director shall designate its use and
the reporting requirements. Any interest earned on cash advances from the U.S. Treasury
is not program income and shall be remitted promptly to the Grantee.
11. INDIRECT COSTS
Indin:ct costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
12. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subredpient agrees to indemnify and hold harmless Grantee from any and all claims in
any way related to or arising out of Subrecipient's performance of its obligations
herewlder and/or Subrecipient's failure to perform its obligations hereunder or related to
or arising out of any damage or injury to property or persons, occurring or allegedly
occurring in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subre<:ipient shall carry sufficient insurance coverage to protect contract assists from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
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blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta Richmond County Commission
and its Mayor, and their officers, agents, members, employees nad successors as named
insureds, as their interests may appear, and shall be issued by and insurance carrier or
carriers licensed to do business in the State of Georgia and reasonably acceptable to
Grar.tee. All such policies shall provide that no act or omission of Grantee or its agents,
serv,mts, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof,
shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein all publications made possible
with funds made available under this Contract.
16. OPEN MEETINS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Gran1:ee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subre:cipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
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19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or
more in combined federal assistance, it agrees to obtain an audit conducted in
accordance with OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports to the Grantee. If
Subrecipient do not prepare financial statements on a monthly or quarterly basis, a
detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
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E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 91.520, in which the specific activity is reported
on for the final time rather than from the date of submission of the final
expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMA TIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that is will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said person
has authority to enter into this Agreement on behalf of said Subrecipient and to
bind the same to this Agreement, and further that said Subrecipient has authority
to enter into this Agreement and that there are no restrictions or prohibitions
contained in any article of incorporation or bylaws against entering into this
Agreement.
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J. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794)(and
the implementing regulations at 24 CFR 8), the Americans with Disabilities Act
of 1990 (PL 101-336), and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and
indemnify the Grantee from and against any and all liability for any
noncompliance on the part of the Subrecipient.
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be
an employee of the Grantee for any purpose whatsoever, nor shall any employee
of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at al times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees
as they relate to the services provided during the course and scope of their
employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of
all non-expendable personal property as defined by such policy and as may be
procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions(3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affirmative action
to ensure that applicants are employed and that employees are
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treated during employment without regard to their race, color,
creed, religion, sex, age handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Subrecipient
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the
provisions of the nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Subrecipient will comply with all prOVISIOns of Executive.
Order 11246, Equal Employment Opportunity, of September 24,
1965, as amended by Executive Orders 11375, and 1086, copies of
which are on file and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereof, and will permit access to its books, records, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
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procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Subrecipient will
take such action with respect to any subcontract or purchase order
as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Subrecipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the grounds of race, color, creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry, national origin,
marital status, familial status, or any other basis prohibited by applicable
law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole
or in part with Emergency Shelter Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
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b. Provide any facilities, services, financial aid, or other benefits,
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any facility, or in
any other matter process related to receipt of any service or benefit
under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or
activity.
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities services,
or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Sllbrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contra.::t. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
African-American, Spanish-speaking, Spanish surnamed or written representations by
Subrec:ipients regarding their status as minority and female business enterprises in lieu of
an independent investigation.
D. Section 3 Clause
The Subrecipient will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to
the greatest extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project. In all solicitations for bids the contractor must,
before signing the contract, provide a preliminary statement of the work force needs and
plans for possible training and employment of lower income persons. When a
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Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and l'rban Development Act of 1968, as amended, and the clause shall be inserted as a
component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with
Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familial status, in
the sale, lease, or rental, or in the use of occupancy of such land or any improvements
erected or to be erected thereon. The Subrecipient will comply with Title VII of the Civil
Rights Act of 1968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affirmatively
further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions and shall pay overtime
compensation in accordance with and subject to the provisions of the Contract Work
Hour~; and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply
with all regulations issued pursuant to the Act and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed
by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its
obligation, if any, to require payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02( a) of said
Act.
14
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts, which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engag,ed in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code. .
1. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrel~ipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulation requires that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
K. Special Assessments
Subredpient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
propelties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay
the proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act,
or (2) for purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
suffici.ent funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
15
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Progrmn Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
Relocation Assistance Plan." The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or real property, and any negotiations for acquisition,
rehabilitation, or demolition of real property in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Unles:; specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement or persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any persons
or bm:iness as a result of Emergency Shelter Grant Activities, is shall comply with the
Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant
Activities," and Subrecipient shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subre,~ipient hereby agrees to defend, to pay, and to indemnify the Grantee from and
agaim:t any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection
with activities undertaken pursuant to this Agreement.
M. Lobbying Restriction
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents
for aU subawards at all tiers (including subcontractors, subgrants, and contracts under
16
grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclo:se according.
This certification is a material representation of face upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such f::lilure.
N. Provisions Required by Law Deemed Inserted
Each ,md every provision of law and clause required by law to be inserted in this Contract
shall be read and enforced as though it were included herein, and if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make
such insertion or correction.
O. Historic Preservation
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.c. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
preservation Procedures for Protection of Historic properties, insofar as they apply to the
performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, State or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provided the
scope of services in accordance with the schedules set forth in Appendix
B.
17
IN WITNESS VVHEREOF, the parties have set their hands and seals as of the date fIrst
written above.
ATTEST:
SEAL
'/h"2; j) ';?1~
Ii J. Bonnet'NA~Y /J N:J/VIWt'k:I
'?'lTY Clerk of Commission
ATTEST:
SEAL
7. ~UA-
a"/ )J1 pJl
Tllit document IPIlro'ltd as
~~111'.
rney .,
Georgia Legal Services Program. Inc.
(SUbreCiP~ '
BY:~~ ~~,
Harold T. Daniel
As its President
18
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . ".
I . . . . . . . . .
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APPENDIX A
Proiect Area
The p:roject location is 811 Telfair Street, Suite 202, Augusta, Georgia 30901.
APPENDIX B
Goals. Obiectives. and Tasks
The Homeless Advocacy Project provides essential legal assistance to homeless persons
and families in Augusta, Georgia. Legal resources provided by the Homeless Advocacy
Project will include 1) legal representation; 2) periodic Homeless Advocacy clinics to
assist with obtaining ID cards and birth certificates for the homeless; 3) the provision of
community education and legal right workshops; and 4) the updating of a Homeless
Resource Directory.
The Homeless Advocacy Project will provide legal assistance in the following areas of
law: public assistance benefits (food stamps, Temporary Aid to Needy Families (TANF),
Supplemental Security Income Medicare, etc.); school admissions and other public
education issues; indigent health care programs; housing; unemployment compensation;
protection from violence; and attainment of birth certificates and identification cards.
The working experience of the Homeless Advocacy Project has shown that homelessness
can be both prevented and overcome. They have found that many homeless persons were
unaware of their legal right to challenge the actions that may have led to their loss of
housing, e.g., domestic abuse, loss of employment, financial disaster caused by illness.
In many cases, persons may have been able to avoid becoming homeless and they know
of their legal rights and worked to have them enforced. At the same time, those who are
presently homeless may be able to secure housing and lead more stable lives if they can
eliminate some of the impediments to re-integration with the community at-large, e.g.,
proper identifications, transitional housing, support services, etc. In order to address the
myriad oflegal problems facing homeless persons today, consistent outreach is needed at
shelters and other places where homeless people congregate or temporarily reside to
conduct intake for new cases.
Emer:?;ency Shelter Grant funds will be provided to meet the following goals and
objectives of The Homeless Advocacy Project:
1) Prevent Loss of Income and Denial of Services or Educational Opportunities
Sustain public benefits/entitlements and enforce rights of homeless persons and
families.
Provide legal representation and advice.
2) Expand Range of Service Options Available to the Homeless
Assist clients with documentation required for participation in service programs.
19
Conduct advocacy clinics to help with obtaining identification cards for the
homeless.
3) Increase Awareness of Legal Rights to Prevent Homelessness
Provide useful information on legal rights.
Conduct community education and legal right workshops.
4) Assist Homeless Persons with Information on Relevant Programs and Services
Provide useful written information on programs for homeless person
Create and distribute free informational booklets on resources for the homeless.
A schedule for completion of this activity shall be submitted to Grantee within 15 days
after the executive of this agreement. The schedule shall be in sufficient detail for
Grantee to monitor the performance of this agreement.
Responsibilities of Subrecipient:
I. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as described
in this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
BUDGET
Operating Cost
(Rent, utilities, transportation, training, etc.)
Essential Services
(Legal assistance, ID cards)
TOTAL
5,000.00
5.000.00
$10,000.00
20
1 st
2nd
3rd
4th
APPENDIX D
Reporting Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
APPENDIX E
Reoorts'Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
April 15, 1998
July 15, 1998
October 15, 1998
January 15, 1998
January 1, 1998 - March 30, 1998
April 1, 1998 - June 30,1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual & Financial Reports and Use of Properties:
1 st
2nd
3rd
4th
5th
January 30, 1999
January 30, 2000
January 30, 2001
January 30, 2002
January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1,2001 through December 31, 2001
January 1, 2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
21
. .
A TT ACHMENT #1
Reeulations. Circulars & Local Procurement Policy
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. Community Development Block Grant Entitlement Program 24 CFR 570
c. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments," specified at 24 CFR 570.502(a).
d. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
e. OMB Circular A-21
"Cost Principles for Educational Institutions"
f. OMB Circular A-I10; Attachments A,B,C,F,H,N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals & Other
Non-Profit Organizations"
g. OMB Circular A-I33, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions"
h. Augusta-Richmond County Procurement Policy
22
A TT ACHMENT #2
FORMS
a. ESG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports: Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
g. Travel Log
23
'.
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
CSRA ECONOMIC OPPORTUNITY AUTHORITY INC.
FOR
THE 1998 EMERGENCY SHELTER GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1st day of January, 1998 by
and between AUGUSTA,GEORGIA, by and through the Augusta-Richmond
COUllty Commission, as the Implementor of the Emergency Shelter Grant Program
(hereinafter referred to as "Grantee"), and CSRA Economic Opportunity
Authority, Inc. , (hereinafter referred to as the "Sub recipient").
WHEREAS, the Grantee has received an Emergency Shelter Grant from the United
Statt:s Government under Subtitle B of Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 USC 11371-11378).
wm~REAS, pursuant to such Grant, the Grantee is undertaking certain programs
and services necessary for the planning, implementation and execution of such a
EmeJrgency Shelter Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain
services, programs, or assistance in connection with such undertakings of the
Emergency Shelter Grant Program, situated in the Project Area described in
Appt:ndix A.
NO\V,THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
Homeless Case Management
Offset salary ofCSRA Economic Opportunity Authority's Homeless Coordinator
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 1998,
and shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract unless
so otherwise specified in the Contract Section 19 (General Terms and
Conditions). This Agreement shall remain in effect until December 31,
1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in
part, whenever the Commission, on recommendation from the Director of
the Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole of in part, shall be effected by delivery of a Notice
of Termination signed by the Mayor, mailed or delivered to Subrecipient,
and specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for
the default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to
the other party. All reports or accountings provided for herein shall be
rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income, homeless and minority
people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce
the Contract compensation amount if the Subrecipient:
1) Fails to file required reports or to meet project progress or
completion deadlines;
2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-lID. [Attachment l#(b)];
2
3) Expends funds under this Agreement for ineligible activities,
services, or items;
4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
5) Violates Labor Standards requirements; or
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
2. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel;
1. Marion E. Barnes, Chairman
11. Preston Newton, Secretary
111. Gloria B. Lewis, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons
being replace. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this contract. If actions to correct such
substandard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection of
3
any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10)
working days from date of issuance of notification to correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
within said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $10.000 for full performance of
the services specified under this Agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
payment to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget documentation which is
attached to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrecipient specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient is entitled to
receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grant,ee. 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
obliga.tions which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirl~ments of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
Shelter Grant Program, and any amendments or policy revisions thereto which shall
become effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Subrecipient agrees to comply with other
applicable laws, including National Environmental Policy Act of 1969 (and the
4
implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as
amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
1990" the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR
570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income homeless individuals and families. The Subrecipient agrees to maintain
docwnentation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.] : (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to help make available additional emergency shelters, (3) to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals, so that these persons have access not only to safe and sanitary
shelter, but also to the supportive services and other kinds of assistance they need to
improve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
pursuant to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Detennining Cost Applicable to Grants and Contracts with State, Local and Federally
Recognized Indian Tribal Governments," OMB Circular A-128,
"Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections
of 24 CFR 851, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-133, "Audits of Institutions of Higher
Education and Other Non-Profit Institutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-II 01, as specified at 24 CFFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Subrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
donated material or building: the value of any lease on a building; any salary paid to staff
in carrying out the emergency shelter programs; and the time and services contributed by
5
volunl:eers to carry out the emergency shelter program, determined at the rate of$5.00 per
hour. The Grantee shall determine the value of any donated material or building or any
lease using any method reasonably calculated to establish a fair market value.
1"0. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
antici:~ated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on
a quarterly basis. The Subrecipient may use such income during the contract period for
the designated use and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unused program income shall be reported to
the Grantee at the end of the contract period. At that time a determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
income may revert to the Grantee's Emergency Shelter Grant Program. If the
Subrecipient is allowed to retain program income, the Director shall designate its use and
the reporting requirements. Any interest earned on cash advances from the U.S. Treasury
is not program income and shall be remitted promptly to the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of thi s Contract.
12. TRAVEL
Subn:cipient shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subn:cipient agrees to indemnify and hold harmless Grantee from any and all claims in
any way related to or arising out of Subrecipient's performance of its obligations
hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to
or ar:lsing out of any damage or injury to property or persons, occurring or allegedly
OCCUlTIng in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the S ubrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assists from loss
due 10 theft, fraud and/or undue physical damage, and as a minimum shall purchase a
6
blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta Richmond County Commission
and i;~s Mayor, and their officers, agents, members, employees nad successors as named
insureds, as their interests may appear, and shall be issued by and insurance carrier or
carriers licensed to do business in the State of Georgia and reasonably acceptable to
Grantee. All such policies shall provide that no act or omission of Grantee or its agents,
servants, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof,
shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein all publications made possible
with :funds made available under this Contract.
16. OPEN MEET INS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variadon in the terms of this Agreement shall be valid unless made in writing and signed
by th,~ parties hereto.
7
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix?
B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31,1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or
more in combined federal assistance, it agrees to obtain an audit conducted in
accordance with OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports to the Grantee. If
Subrecipient do not prepare financial statements on a monthly or quarterly basis, a
detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
8
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 91.520, in which the specific activity is reported
on for the final time rather than from the date of submission of the final
expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that is will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said person
has authority to enter into this Agreement on behalf of said Subrecipient and to
bind the same to this Agreement, and further that said Subrecipient has authority
to enter into this Agreement and that there are no restrictions or prohibitions
contained in any article of incorporation or bylaws against entering into this
Agreement.
9
J. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794)(and
the implementing regulations at 24 CFR 8), the Americans with Disabilities Act
of 1990 (PL 101-336), and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and
indemnify the Grantee from and against any and all liability for any
noncompliance on the part of the Subrecipient.
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be
an employee of the Grantee for any purpose whatsoever, nor shall any employee
of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at al times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees
as they relate to the services provided during the course and scope of their
employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of
all non-expendable personal property as defined by such policy and as may be
procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions(3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1 ) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affirmative action
to ensure that applicants are employed and that employees are
10
treated during employment without regard to their race, color,
creed, religion, sex, age handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Subrecipient
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the
provisions of the nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Subrecipient will comply with all prOVISIOns of Executive
Order 11246, Equal Employment Opportunity, of September 24,
1965, as amended by Executive Orders 11375, and 1086, copies of
which are on file and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereof, and will permit access to its books, records, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
II
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Subrecipient will
take such action with respect to any subcontract or purchase order
as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Subrecipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States .shall on the grounds of race, color, creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry, national origin,
marital status, familial status, or any other basis prohibited by applicable
law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole
or in part with Emergency Shelter Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
12
b. Provide any facilities, services, financial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any facility, or in
any other matter process related to receipt of any service or benefit
under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or
acti vi ty .
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities services,
or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51 %) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
Africim-American, Spanish-speaking, Spanish surnamed or written representations by
Subrecipients regarding their status as minority and female business enterprises in lieu of
an independent investigation.
D. SECTION 3 CLAUSE
The ~,ubrecipient will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to
the greatest extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project. In all solicitations for bids the contractor must,
befor,e signing the contract, provide a preliminary statement of the work force needs and
plans for possible training and employment of lower income persons. When a
13
Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, and the clause shall be inserted as a
component part of any contract or subcontract.
If a :~ubrecipient solicits or requests an invitation for bids, every effort feasible will be
mad~: to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with
Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
unde:r this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familial status, in
the s,ale, lease, or rental, or in the use of occupancy of such land or any improvements
erected or to be erected thereon. The Subrecipient will comply with Title VII of the Civil
Rights Act of 1968 (PL 90-284) as amended and will administer all programs and
activ:ities related to housing and community development in a manner to affirmatively
furth~r Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions and shall pay overtime
compensation in accordance with and subject to the provisions of the Contract Work
Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply
with all regulations issued pursuant to the Act and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed
by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its
oblig ation, if any, to require payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 102(a) of said
Act.
14
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clea::1 Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5,
Unitt:d States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrt:cipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulation requires that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay
the proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act,
or (2) for purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
15
Subredpient will comply with the "Grantee's Community Development Block Grant
Progrmn Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
Relocation Assistance Plan." The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or real property, and any negotiations for acquisition,
rehabilitation, or demolition of real property in compliance with the Uniform Relocation
Assis1ance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Unless specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement or persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any persons
or bw;iness as a result of Emergency Shelter Grant Activities, is shall comply with the
Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant
Activities," and Subrecipient shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and
against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection
with ll.ctivities undertaken pursuant to this Agreement.
M. Lobbying Restriction
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will. complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions; and
It wiLl require that the language of this paragraph M be included in the award documents
for all subawards at all tiers (including subcontractors, subgrants, and contracts under
grant~;, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose according.
16
This certification is a material representation of face upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, Lnited States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be read and enforced as though it were included herein, and if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make
such insertion or correction.
O. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
US.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
preservation Procedures for Protection of Historic properties, insofar as they apply to the
perfo:rmance of this contract.
In ge:neral, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old of older or that
are included on a Federal, State or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provided the
scope of services in accordance with the schedules set forth in Appendix
B.
17
IN. W[TNESS WHEREOF, the parties have set their hands and seals as of the date first l'fl( 'ri
wntten above. jJ;tJfl'
ATTEST: rf{-
. . . ',' . . . . .
;/I ....................
. . . . . . . . . .
t . . . . . . . . .
:~:;:i:;:i::::
. ,',
t .. ......
. . . . . '. ...... ~ . . . . I
....................
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
SEAL
~~<<~
Clerk of Commission
ATTEST:
SEAL
-A~
As its Corporate Secretary
/7N.._~ i.., ~
~'lain Witness)
By:
'TNs doNntI'Il applVftd as
~.~.mm;
~
~
r}.I.Ic,&
CSRA Economic Ooportunity Authority. Inc.
(Subrecipient)
By: ~E.!:~
As its President
18
APPENDIX A
Project Area
This proj ect location is 1261 Greene Street, Augusta, Georgia 30901.
APPENDIX B
Goals. Objectives. and Tasks
The CSRA Economic Opportunity Authority (CSRA EOA) is the only service
agenGY in the CSRA with an on site Homeless Coordinator. The sole focus of this
programs is to serve homeless clients, most of whom have been living on the street, in
cars, or in public shelters. The CSRA EOA operates seven transitional houses, five of
these houses are for homeless families who have been in a shelter. One adult must be
worklng, and case management is done to help stabilize the family so that at the end of
their stay, they are able to move into their own home.
Two of the transitional houses are for men and for single women or women with
children who are AIDS/HIV positive.
The Homeless Coordinator provides a lot of case management these house
participates to ensure the clients meet their objectives to obtain self-sufficiency. The
Coordinator also provide rental assistance for homeless families living in public shelters.
Emergency Shelter Grant (ESG) funds will be used to offset the salary of the
Homeless Coordinator.
A schedule for completion of this activity shall be submitted to Grantee within fifteen
(15) clays after the execution of this agreement. The schedule shall be in sufficient detail
for Grantee to monitor the performance of this agreement.
Responsibilities of Subrecipient:
I. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
19
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as described
in this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Burleet
Essential Services
(case management)
TOTAL
$10.000
$10,000
APPENDIX D
Reportine Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
20
1st
2nd
3rd
4th
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
April 15, 1998
July 15, 1998
October 15, 1998
January 15, 1998
January 1, 1998 - March 30, 1998
April 1, 1998 - June 30,1998
July I, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual & Financial Reports and Use of Properties:
1st
2nd
3rd
4th
5th
January 30, 1999
January 30, 2000
January 30, 2001
January 30, 2002
January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1,2001 through December 31, 2001
January 1, 2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
21
ATTACHMENT #1
Reeulations. Circulars & Local Procurement Policy
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. Community Development Block Grant Entitlement Program 24 CFR 570
c. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments," specified at 24 CFR 570.502(a).
d. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
e. OMB Circular A-21
"Cost Principles for Educational Institutions"
f. OMB Circular A-IlO; Attachments A,B,C,F,H,N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals & Other
Non-Profit Organizations"
g. OMB Circular A-l33, "Audits oflnstitutions of Higher Education and Other Non-
Profit Institutions"
h. Augusta-Richmond County Procurement Policy
22
ATTACHMENT #2
Forms
a. ESG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports; Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
g. Travel Log
23
"
.r
CONTRACT BETWEEN AUGUST A, GEORGIA
AND
ST. STEPHEN'S MINISTRY OF AUGUSTA, INC
FOR
THE 1998 EMERGENCY SHELTER GRANT PROGRAM
TIDS AGREEMENT, made and entered into on this 1st day of January, 1998 by
and between AUGUSTA,GEORGIA, by and through the Augusta-Richmond
COU][lty Commission, as the Implementor of the Emergency Shelter Grant Program
(herl~inafter referred to as "Grantee"), and , (hereinafter referred to as the
"Sub recipient").
WHJH:REAS, the Grantee has received an Emergency Shelter Grant from the United
Stah~s Government under Subtitle B of Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 USC 11371-11378).
WHl~REAS, pursuant to such Grant, the Grantee is undertaking certain programs
and services necessary for the planning, implementation and execution of such a
Emelrgency Shelter Grant Program; and
WHJ~REAS, the Grantee desires to engage the Subrecipient to render certain
servi,ces, programs, or assistance in connection with such undertakings of the
Emel.gency Shelter Grant Program, situated in the Project Area described in
Appc;:ndix A.
NO'V,THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
The Augusta Center
Provide transitional housing and supportive services for homeless
men and women with HIV / AIDS and other terminal illnesses.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1. 1998, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract unless
so otherwise specified in the Contract Section 19 (General Terms and
Conditions). This Agreement shall remain in effect until December 31,
1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in
part, whenever the Commission, on recommendation from the Director of
the Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole of in part, shall be effected by delivery of a Notice
of Termination signed by the Mayor, mailed or delivered to Subrecipient,
and specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for
the default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to
the other party. All reports or accountings provided for herein shall be
rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by BUD;
2) Notification by HUD to the Grantee that said project is deficient
and that. continued support of the project is not providing an
adequate level of services to low income, homeless and minority
people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce
the Contract compensation amount if the Subrecipient:
1) Fails to file required reports or to meet project progress or
completion deadlines;
2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-I10. [Attachment 1#(b)];
2
3) Expends funds under this Agreement for ineligible activities,
services, or items;
4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
5) Violates Labor Standards requirements; or
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Kathleen Barnhart, President
11. Richard Presnell, Treasurer
111. Brad Littleton, Secretary
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons
being replace. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be nodified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
perfonnance standards required herein. Substandard performance as determined by the
Grante:e will constitute non-compliance with this contract. If actions to correct such
substalldard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All ~;ks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection of
3
'.
any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10)
working days from date of issuance of notification to correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
within said ten-day period shall constitute a breach of this contract for which the
Subre:cipient may be held in default.
6. SEVERABILITY
In any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of thi,s Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $32.430 for full performance of
the s(:rvices specified under this Agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
payment to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget documentation which is
attached to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrecipient specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient is entitled to
receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th day
of eac h calendar month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its
obligations which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
Shelter Grant Program, and any amendments or policy revisions thereto which shall
become effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Subrecipient agrees to comply with other
applicable laws, including National Environmental Policy Act of 1969 (and the
4
implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as
amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR
570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Furthl~r, any funded activity must be designed or so located as to principally benefit lower
income homeless individuals and families. The Subrecipient agrees to maintain
documentation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.1: (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to hel.p make available additional emergency shelters, (3) to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals, so that these persons have access not only to safe and sanitary
shelte:~, but also to the supportive services and other kinds of assistance they need to
impro ve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subreeipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
pursuant to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Deterr.lining Cost Applicable to Grants and Contracts with State, Local and Federally
Recognized Indian Tribal Governments," OMB Circular A-128,
"Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections
of 24 CFR 851, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-I22, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-I33, "Audits of Institutions of Higher
Education and Other Non-Profit Institutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-I10l, as specified at 24 CFFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectari.m or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Subrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
donated material or building: the value of any lease on a building; any salary paid to staff
in carrying out the emergency shelter programs; and the time and services contributed by
5
volunt,eers to carry out the emergency shelter program, determine at the rate of $5.00 per
hour. The Grantee shall determine the value of any donated material or building or any
lease using any method reasonably calculated to establish a fair market value.
10. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on
a quarterly basis. The Subrecipient may use such income during the contract period for
the de:signated use and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unused program income shall be reported to
the Grantee at the end of the contract period. At that time a determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
income may revert to the Grantee's Emergency Shelter Grant Program. If the
Subrec:ipient is allowed to retain program income, the Director shall designate its use and
the reporting requirements. Any interest earned on cash advances from the U.S. Treasury
is not program income and shall be remitted promptly to the Grantee.
10. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
11. TRAVEL
Subrec:ipient shall obtain prior written approval from the Grantee for any travel outside
the ffiI~tropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
12. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in
any way related to or arising out of Subrecipient's performance of its obligations
hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to
or arising out of any damage or injury to property or persons, occurring or allegedly
occUITlng in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the Subrecipient from any obligations under this Contract.
13. INSURANCE & BONDING
Subrec:ipient shall carry sufficient insurance coverage to protect contract assists from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
6
blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subn:cipient hereunder shall list Grantee, The Augusta Richmond County Commission
and il:S Mayor, and their officers, agents, members, employees nad successors as named
insureds, as their interests may appear, and shall be issued by and insurance carrier or
carriers licensed to do business in the State of Georgia and reasonably acceptable to
Grantee. All such policies shall provide that no act or omission of Grantee or its agents,
servallts, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
writtt:n notice to Grantee. All insurance policies required hereunder, or copies thereof,
shall "be provided to Grantee by Subrecipient.
14. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein all publications made possible
with funds made available under this Contract.
15. OPEN MEETINS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
16. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrel~ipient, either in whole or in part.
17. ENTIRE CONTRACT; ALTERATION
7
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto.
18. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix?
B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or
more in combined federal assistance, it agrees to obtain an audit conducted in
accordance with OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports to the Grantee. If
Subrecipient do not prepare financial statements on a monthly or quarterly basis, a
detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
D. ACCESS TO RECORDS
8
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit fmdings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 91.520, in which the specific activity is reported
on for the fmal time rather than from the date of submission of the fmal
expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that is will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said person
has authority to enter into this Agreement on behalf of said Subrecipient and to
bind the same to this Agreement, and further that said Subrecipient has authority
to enter into this Agreement and that there are no restrictions or prohibitions
9
contained in any article of incorporation or bylaws against entering into this
Agreement.
1. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794)(and
the implementing regulations at 24 CFR 8), the Americans with Disabilities Act
of 1990 (PL 101-336), and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and
indemnify the Grantee from and against any and all liability for any
noncompliance on the part of the Subrecipient.
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be
an employee of the Grantee for any purpose whatsoever, nor shall any employee
of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at al times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees
as they relate to the services provided during the course and scope of their
employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of
all non-expendable personal property as defined by such policy and as may be
procured with funds provided herein.
19. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions(3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
10
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affirmative action
to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color,
creed, religion, sex, age handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Subrecipient
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the
provisions of the nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Subrecipient will comply with all prOVISIOns of Executive
Order 11246, Equal Employment Opportunity, of September 24,
1965, as amended by Executive Orders 11375, and 1086, copies of
which are on file and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereof, and will permit access to its books, records, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
II
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Subrecipient will
take such action with respect to any subcontract or purchase order
as BUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Subrecipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the grounds of race, color, creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry, national origin,
marital status, familial status, or any other basis prohibited by applicable
law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole
or in part with Emergency Shelter Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, fmancial aid, or other benefits
provided under the program or activity.
12
b. Provide any facilities, services, financial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any facility, or in
any other matter process related to receipt of any service or benefit
under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or
activity.
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities services,
or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Sllbrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contral~t. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
African-American, Spanish-speaking, Spanish surnamed or written representations by
Subrec:ipients regarding their status as minority and female business enterprises in lieu of
an independent investigation.
D. SECTION 3 CLAUSE
The Sllbrecipient will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to
the greatest extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project. In all solicitations for bids the contractor'must,
before signing the contract, provide a preliminary statement of the work force needs and
13
plans for possible trammg and employment of lower income persons. When a
Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, and the clause shall be inserted as a
component part of any contract or subcontract.
If a ~:ubrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with
Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disabiJity, sexual orientation, ancestry, national origin, marital status, or familial status, in
the sa.le, lease, or rental, or in the use of occupancy of such land or any improvements
erected or to be erected thereon. The Subrecipient will comply with Title VII of the Civil
Rights Act of 1968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affIrmatively
further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contrclcts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work fmanced in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions and shall pay overtime
compensation in accordance with and subject to the provisions of the Contract Work
Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply
with all regulations issued pursuant to the Act and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act..
Provided that if wage rates higher than those required under the regulations are imposed
by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its
obligation, if any, to require payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 <PL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
14
, .
mandatory purchase of flood insurance with the requirements of Section 102(a) of said
Act.
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engag,;:d in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
SubreGipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulation requires that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
propelties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay
the proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act,
or (2) for purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the grantee certifies to the Secretary of BUD that it. lacks
suffici.ent funds received under Section 106 of the Act to comply with the requirements of
subpa:~agraph (1).
15
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subre:cipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
Relocation Assistance Plan." The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or real property, and any negotiations for acquisition,
rehabilitation, or demolition of real property in compliance with the Uniform Relocation
Assis':ance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Unless specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement or persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of'any persons
or bu:;iness as a result of Emergency Shelter Grant Activities, is shall comply with the
Grant,ee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant
Activ::ties," and Subrecipient shall provide all notices, advisory assistance, relocation
benefi.ts, and replacement dwelling units as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and
against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection
with activities undertaken pursuant to this Agreement.
M. Lobbying Restriction
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions; and
16
It will. require that the language of this paragraph M be included in the award documents
for all subawards at all tiers (including subcontractors, subgrants, and contracts under
grant5" loans, and cooperative agreements) and that all subrecipients shall certify and
disclose according.
This certification is a material representation of face upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each ,md every provision of law and clause required by law to be inserted in this Contract
shall be read and enforced as though it were included herein, and if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make
such insertion or correction.
O. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
preserV'ation Procedures for Protection of Historic properties, insofar as they apply to the
perfonnance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old of older or that
are included on a Federal, State or local historic property list.
21. MISCELLANEOUS.
A. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provided the
scope of services in accordance with the schedules set forth in Appendix
B.
17
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date fust
written above.
ATTEST:
SEAL
~
~:t1.B~~~~M'kI
,be/VTY Clerk of Commission
ATTEST:
:~.nn<
. . . . . .
. .
ST. STEPHEN'S MINISTRY OF AUGUSTA, IN2()}?
(Subrecipient)
l1IIe dDcumtnt ~ u
~t"~'
SEAL
~f~
~jttleton
As its Corporate Secretary
By:
~QUr-
Kathleen Barnhart
As its President
(Pl.ain Witness)
18
APPENDIX
Proiect Area
The project is located at 922-924 Greene Street, Augusta, Georgia 30901
APPENDIX B
Goals. Obiectives. and Tasks
St. Stl~phen's Ministry of Augusta, Inc. is a 501(c)(3) nonprofit organization dedicated to
providing transitional housing and supportive services for homeless men and women with
HIV/AIDS and other terminal illnesses. In collaboration with the CSRA Economic
Opportunity Authority, assistance is given in the placement of clients in two single family
dwelEngs.
Many individuals with HIV / AIDS move into the area from outlying counties of Georgia
and South Carolina because of the availability of specialized care provided by three large
medical centers. Many of these individuals are economically disadvantaged and there is
a significant shortage of affordable housing in the CSRA. SSM serves individuals with
HIV/AIDS who are homeless or in danger of becoming homeless.
These ESG funds will be used by SSM in providing transitional housing, on-site case
management, limited meal service and assistance with rent, transportation and
medications.
A schedule for completion of this activity shall be submitted to Grantee within fifteen
(15) d.ays after the execution of this agreement. The schedule shall be in sufficient detail
for Grantee to monitor the performance of this agreement.
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
19
2. Monitor Subrecipient to determine if the activity is being carried out as described
in this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Budget
ESSENTIAL SERVICES
$16,000
HOl\IELESS PREVENTION
4,000
OPERATING COSTS
$12.430
TOTAL BUDGET
$32,430
APPENDIX D
Reporting Reauirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
20
15t
2nd
3rd
4th
APPENDIX E
Re{)orts' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
April 15, 1998
July 15, 1998
October 15, 1998
January 15, 1998
January 1, 1998 - March 30, 1998
April 1, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual & Financial Reports and Use of Properties:
15t
2nd
3rd
4th
5th
January 30, 1999
January 30, 2000
January 30, 2001
January 30, 2002
January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1,2001 through December 31, 2001
January 1, 2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
21
ATTACHMENT #1
Re!!Ulations. Circulars & Local Procurement Policy
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. Community Development Block Grant Entitlement Program 24 CFR 570
c. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments," specified at 24 CFR 570.502(a).
d. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
e. OMB Circular A-21
"Cost Principles for Educational Institutions"
f. OMB Circular A-IIO; Attachments A,B,C,F,H,N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals & Other
Non-Profit Organizations"
g. OMB Circular A-133, "Audits oflnstitutions of Higher Education and Other Non-
Profit Institutions"
g. Augusta-Richmond County Procurement Policy
22
~
ATTACHMENT #2
Forms
a. ESG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports; Quarterly Program Progress
e. Reports : Annual Program Progress
f. Time Sheet
g. Travel Log
23
",'
'II.
,
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
THE SALVATION ARMY
FOR
TIlE 1998 EMERGENCY SHELTER GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January. 1998, by and
between AUGUSTA, GEORGIA, by and through the Augusta-Richmond County
Comnlission, as the Implementor of the Emergency Shelter Grant Program (hereinafter
referred to as "Grantee"), and The Salvation Army, (hereinafter referred to as the
"Subn~cipient").
WHEREAS, the Grantee has received an Emergency Shelter Grant from the United
States Government under Subtitle B of Title IV of the Stewart B. McKinney Homeless
Assis1ance Act (42 USC 11371-11378).
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a Emergency
Shelte:r Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Emergency Shelter
Grant Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
Shelter Meals Increase
Provide more meals and utilities to cover increased demand for services.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
detennined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1. 1998, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract unless
so otherwise specified in the Contract Section 19 (General Terms and
Conditions). This Agreement shall remain in effect until December 31,
1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in
part, whenever the Commission, on recommendation from the Director of
the Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole of in part, shall be effected by delivery of a Notice
of Termination signed by the Mayor, mailed or delivered to Subrecipient,
and specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for
the default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to
the other party. All reports or accountings provided for herein shall be
rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income, homeless and minority
people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce
the Contract compensation amount if the Subrecipient:
I) F ails to file required reports or to meet project progress or
completion deadlines;
2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-I10. [Attachment 1#(b)];
2
3) Expends funds under this Agreement for ineligible activities,
services, or items;
4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
5) Violates Labor Standards requirements; or
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1.
11.
111.
Captain Willis Howell, Commanding Officer
Pat Fitzgerald, Board Chairman
Edward Giusto, Development Director
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons
being replace. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
perfOlmance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this contract. If actions to correct such
substmdard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection of
3
any tasks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10)
working days from date of issuance of notification to correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
within said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $25,000 for full performance of
the services specified under this Agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
payment to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget documentation which is
attached to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrecipient specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient is entitled to
receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th day
of each calendar month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its
obligations which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
Shelter Grant Program, and any amendments or policy revisions thereto which shall
become effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Subrecipient agrees to comply with other
applicable laws, including National Environmental Policy Act of 1969 (and the
4
implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as
amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR
570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income homeless individuals and families. The Subrecipient agrees to maintain
docunlentation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.1:: (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to hel.p make available additional emergency shelters, (3) to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeJ.ess individuals, so that these persons have access not only to safe and sanitary
shelter, but also to the supportive services and other kinds of assistance they need to
improve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
purSU311t to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Determining Cost Applicable to Grants and Contracts with State, Local and Federally
Recognized Indian Tribal Governments," OMB Circular A-128,
"Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections
of 24 CFR 851, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-I22, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-l33, "Audits of Institutions of Higher
Education and Other Non-Profit Institutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-IIOl, as specified at 24 CFFR 570.502(b).
Subn:cipient is prohibited from using funds provided herein for political activities,
sectaJian or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Subrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
dona1:ed material or building: the value of any lease on a building; any salary paid to staff
in caJ:rying out the emergency shelter programs; and the time and services contributed by
5
volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per
hour. The Grantee shall determine the value of any donated material or building or any
lease using any method reasonably calculated to establish a fair market value.
10. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subn:cipient shall report all "monthly" program income as defined at 24 CFR 570.504 on
a quarterly basis. The Subrecipient may use such income during the contract period for
the designated use and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unused program income shall be reported to
the Grantee at the end of the contract period. At that time a determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
income may revert to the Grantee's Emergency Shelter Grant Program. If the
Subn:cipient is allowed to retain program income, the Director shall designate its use and
the reporting requirements. Any interest earned on cash advances from the U.S. Treasury
is not program income and shall be remitted promptly to the Grantee.
11. INDIRECT COSTS
Indin:ct costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
12. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subn:cipient agrees to indemnify and hold harmless Grantee from any and all claims in
any way related to or arising out of Subrecipient's performance of its obligations
hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to
or ar::sing out of any damage or injury to property or persons, occurring or allegedly
occUIring in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the S':.lbrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assists from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
6
blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subredpient hereunder shall list Grantee, The Augusta Richmond County Commission
and its Mayor, and their officers, agents, members, employees nad successors as named
insureds, as their interests may appear, and shall be issued by and insurance carrier or
carriers licensed to do business in the State of Georgia and reasonably acceptable to
Grantee. All such policies shall provide that no act or omission of Grantee or its agents,
servants, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof,
shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will i:n.clude a reference to the support provided herein all publications made possible
with fimds made available under this Contract.
16. OPEN MEETINS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subreeipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto.
19. GENERAL TERMS AND CONDITIONS
7
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or
more in combined federal assistance, it agrees to obtain an audit conducted in
accordance with OMB Circular A-l33. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports to the Grantee. If
Subrecipient do not prepare fmancial statements on a monthly or quarterly basis, a
detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
8
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 91.520, in which the specific activity is reported
on for the final time rather than from the date of submission of the fmal
expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that is will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZA nON TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said person
has authority to enter into this Agreement on behalf of said Subrecipient and to
bind the same to this Agreement, and further that said Subrecipient has authority
to enter into this Agreement and that there are no restrictions or prohibitions
contained in any article of incorporation or bylaws against entering into this
Agreement.
9
J. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
requirements of Section 504 of the Rehabilitation Act of 1973 (29 use 794)(and
the implementing regulations at 24 CFR 8), the Americans with Disabilities Act
of 1990 (PL 101-336), and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and
indemnify the Grantee from and against any and all liability for any
noncompliance on the part of the Subrecipient.
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be
an employee of the Grantee for any purpose whatsoever, nor shall any employee
of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at al times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees
as they relate to the services provided during the course and scope of their
employment.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of
all non-expendable personal property as defined by such policy and as may be
procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions(3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affirmative action
to ensure that applicants are employed and that employees are
10
treated during employment without regard to their race, color,
creed, religion, sex, age handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Subrecipient
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the
provisions of the nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Subrecipient will comply with all prOVlSlons of Executive
Order 11246, Equal Employment Opportunity, of September 24,
1965, as amended by Executive Orders 11375, and 1086, copies of
which are on file and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereof, and will permit access to its books, records, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
II
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Subrecipient will
take such action with respect to any subcontract or purchase order
as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Subrecipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by BUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the grounds of race, color, creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry, national origin,
marital status, familial status, or any other basis prohibited by applicable
law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole
or in part with Emergency Shelter Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
]2
b. Provide any facilities, services, financial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any facility, or in
any other matter process related to receipt of any service or benefit
under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or
acti vi ty .
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities services,
or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
African-American, Spanish-speaking, Spanish surnamed or written representations by
Subre:cipients regarding their status as minority and female business enterprises in lieu of
an independent investigation.
D. Section 3 Clause
The Subrecipient will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to
the g:reatest extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project. In all solicitations for bids the contractor must,
before signing the contract, provide a preliminary statement of the work force needs and
plans for possible training and employment of lower income persons. When a
13
Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, and the clause shall be inserted as a
component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with
Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familial status, in
the sale, lease, or rental, or in the use of occupancy of such land or any improvements
erected or to be erected thereon. The Subrecipient will comply with Title VII of the Civil
Right~; Act of 1968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affirmatively
furthe:r Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions and shall pay overtime
compensation in accordance with and subject to the provisions of the Contract Work
Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply
with all regulations issued pursuant to the Act and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provid.ed that if wage rates higher than those required under the regulations are imposed
by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its
obligation, if any, to require payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL93-234). Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section I 02( a) of said
Act.
14
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neith~r the Subrecipient program nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
J. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structllres with assistance provided under this Agreement shall be made subject to the
provi~;ions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulation requires that all owners, prospective owners, and tenants of properties
constlUcted prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulttng from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay
the proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act,
or (2) for purposes of assessing any amount against properties owned and occupied by
perso:o.s of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
15
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
Relocation Assistance Plan." The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or real property, and any negotiations for acquisition,
rehabilitation, or demolition of real property in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Unles:; specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement or persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any persons
or bm,iness as a result of Emergency Shelter Grant Activities, is shall comply with the
Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant
Activities," and Subrecipient shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and
against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection
with activities undertaken pursuant to this Agreement.
M. Lobbying Restriction
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents
for all. subawards at all tiers (including subcontractors, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose according.
16
This certification is a material representation of face upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such jailure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be read and enforced as though it were included herein, and if through mistake or
othef"\N'ise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make
such insertion or correction.
O. Historic Preservation
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
preservation Procedures for Protection of Historic properties, insofar as they apply to the
performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old of older or that
are included on a Federal, State or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provided the
scope of services in accordance with the schedules set forth in Appendix
B.
17
IN WIll~SS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
SEAL
:~:~:~:~:<~
t .. .. . .. .. .. .. .. .
. . . . . .. . . ..
. .' .' . ':. . .. . . . . . . . . ..
. . . . .. .. .. .. .. ..
. . . . . . . .. .
...................
-4~~~
Cle:rk of Commission
cr
~J
~.'.'.'.'.'.'.'.'. .
f.. .. . .. .. .. .. .. .
. . . . . .. .. .. ..
ATTEST:
SALVATION ARMY, INC.
(Subrecipient)
BY:~~
Cap . W' is owell
Commanding Officer
dm~cf~
Verma Cl s
Secretary
~~
~ Itness)
18
APPENDIX A
Project Area
The project location is 1384 Greene Street, Augusta, Georgia 30901.
APPENDIX B
Goals. Objectives. and Tasks
The Salvation Army provides services to the homeless and needy in Augusta-Richmond
County and the thirteen surrounding counties. The Salvation Army has an ongoing 100+
year history in providing for the needs of the homeless and destitute in the Augusta-
Richmond area and will continue to do so. According to the Richmond County
Depmtment of Family and Children Services (DFCS), as of May 1, 1997 there were
5,992 T ANF (Transitional Aid to Needy Families) cases in the county. This figure
repre~;ents 10,756 adults and 19,597 children that are currently supported by a monthly
stipend that averages $280.00 per month. In conjunction with Food Stamps, Medicare
and either Section 8 or low income housing, this amount represents a thin barrier against
potential homelessness. Each month and estimated 250 to 300 T ANF cases (families) are
"sanc'doned" or denied benefits for one reason or another. This represents, I ,250 to 1 ,500
individuals each month (15-1800 annually) that will no longer have this small amount of
protection.
The Salvation Army will use these ESG funds for purchase of food to supply more meals
and cover the cost of utilities due to the increased demand for services among the
home:less population.
A schedule for completion of this activity shall be submitted to Grantee within 15 days
after the execution of this agreement. The schedule shall be in sufficient detail for
Grank~e to monitor the performance of this agreement.
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
19
Responsibilities of Grantee:
I. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as described
in this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Budeet
Essential Services
(Purchase of food for meals)
13,750.00
Operating Costs
(Utilities)
TOTAL
11.250.00
$25,000.00
APPENDIX D
Reportine Requirements
The ~:ubrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
20
151
2nd
3rd
4th
APPENDIX E
Reports' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
April 15, 1998
July 15, 1998
October 15, 1998
January 15, 1998
January 1,1998 - March 30, 1998
April 1, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual & Financial Reports and Use of Properties:
151
2nd
3rd
4th
5th
January 30, 1999
January 30, 2000
January 30, 2001
January 30, 2002
January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1,2001 through December 31, 2001
January 1, 2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
21
ATTACHMENT #1
Ree:ulations. Circulars & Local Procurement Policy
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. Community Development Block Grant Entitlement Program 24 CFR 570
c. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments," specified at 24 CFR 570.502(a).
d. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
e. OMB Circular A-21
"Cost Principles for Educational Institutions"
f. OMB Circular A-I10; Attachments A,B,C,F,H,N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals & Other
Non-Profit Organizations"
g. OMB Circular A-133, "Audits oflnstitutions of Higher Education and Other Non-
Profit Institutions"
g. Augusta-Richmond County Procurement Policy
22
A TT ACHMENT #2
Forms
a. ESG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports; Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
g. Travel Log
23
RECEIVED JUN 2 2 1~98'
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SAFE HOMES OF AUGUSTA, INC.
FOR
THE 1998 EMERGENCY SHELTER GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1st day of January, 1998 by
and between AUGUSTA, GEORGIA, by and through the Augusta-Richmond
County Commission, as the Implementor of the Emergency Shelter Grant Program
(hereinafter referred to as "Grantee"), and , (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received an Emergency Shelter Grant from the United
States Government under Subtitle B of Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 USC 11371-11378).
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs
and slervices necessary for the planning, implementation and execution of such a
Emergency Shelter Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain
services, programs, or assistance in connection with such undertakings of the
Emergency Shelter Grant Program, situated in the Project Area described in
Appendix A.
NOW,THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
Domestic Violence Shelter Program
Provide assistance to victims of domestic violence with rent deposits and utilities turn on
fees to enable victims of domestic violence to more quickly enter safe independent shelter.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
deternlined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1. 1998, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract unless
so otherwise specified in the Contract Section 19 (General Terms and
<
Conditions). This Agreement shall remain in effect until December 31,
1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in
part, whenever the Commission, on recommendation from the Director of
the Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole of in part, shall be effected by delivery of a Notice
of Termination signed by the Mayor, mailed or delivered to Subrecipient,
and specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for
the default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to
the other party. All reports or accountings provided for herein shall be
rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by BUD;
2) Notification by HUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income, homeless and minority
people; or
.3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce
the Contract compensation amount if the Subrecipient:
1) Fails to file required reports or to meet project progress or
completion deadlines;
2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-II0. [Attachment 1#(b)];
2
..
3) Expends funds under this, Agreement for ineligible activities,
services, or items;
4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
5) Violates Labor Standards requirements; or
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1. Dave Welter, President
11. Joyceen Boyle, Secretary
111. Nancy Nelson, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons
being replace. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be nodified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
Grantee will constitute non-compliance with this contract. If actions to correct such
substmdard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
services are approved as acceptable by the Grantee in writing. In the event of rejection of
3
any t~;ks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10)
working days from date of issuance of notification to correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
within said ten-day period shall constitute a breach of this contract for which the
Subrecipient may be held in default.
6. SEVERABILITY
In any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The S ubrecipient shall be paid a total consideration of $17.070 for full performance of
the services specified under this Agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
payment to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been incurred by the Subrecipient and proper supporting documentation has been
submitted in conformity with the approved and executed budget documentation which is
attached to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrecipient specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient is entitled to
receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th day
of each calendar month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its
obligations which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
. Shelte:r Grant Program, and any amendments or policy revisions thereto which shall
become effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Subrecipient agrees to comply with other
applicable laws, including National Environmental Policy Act of 1969 (and the
4
implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as
amende~ (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR
570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income homeless individuals and families. The Subrecipient agrees to maintain
documentation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.1: (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to help make available additional emergency shelters, (3) to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals, so that these persons have access not only to safe and sanitary
shelter, but also to the supportive services and other kinds of assistance they need to
improve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
pursuant to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Determining Cost Applicable to Grants and Contracts with State, Local and Federally
Recognized Indian Tribal Governments," OMB Circular A-128,
"Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections
of 24 CFR 851, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-133, "Audits of Institutions of Higher
Education and Other Non-Profit Institutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-II01, as specified at 24 CFFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectarian or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Subrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
donated material or building: the value of any lease on a building; any salary paid to staff
in canying out the emergency shelter programs; and the time and services contributed by
5
volunteers to carry out the emergency shelter program, determine at the rate of $5.00 per
hour. The Grantee shall determine the value of any donated material or building or any
lease using any method reasonably calculated to establish a fair market value.
10. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on
a qumterly basis. The Subrecipient may use such income during the contract period for
the designated use and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unused program income shall be reported to
the Grantee at the end of the contract period. At that time a determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
income may revert to the Grantee's Emergency Shelter Grant Program. If the
Subrecipient is allowed to retain program income, the Director shall designate its use and
the reporting requirements. Any interest earned on cash advances from the U.S. Treasury
is not program income and shall be remitted promptly to the Grantee.
11. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
12. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
13. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in
any way related to or arising out of Subrecipient's performance of its obligations
hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to
or arising out of any damage or injury to property or persons, occurring or allegedly
occur.ring in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the Subrecipient from any obligations under this Contract.
14. INSURANCE & BONDING
Subrecipient shall carry sufficient insurance coverage to protect contract assists from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
6
blanket fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta Richmond County Commission
and its Mayor, and their officers, agents, members, employees nad successors as named
insureds, as their interests may appear, and shall be issued by and insurance carrier or
carriers licensed to do business in the State of Georgia and reasonably acceptable to
Grantee. All such policies shall provide that no act or omission of Grantee or its agents,
servants, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof,
shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein all publications made possible
with funds made available under this Contract.
16. OPEN MEETINS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
of its fimds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto.
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19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and financial
reports and any other reports that may be specified in Appendix?
B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records, in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or
more in combined federal assistance, it agrees to obtain an audit conducted in
accordance with OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports to the Grantee. If
S~brecipient do not prepare financial statements on a monthly or quarterly basis, a
detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
8
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 91.520, in which the specific activity is reported
on for the final time rather than from the date of submission of the final
expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that is will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said person
has authority to enter into this Agreement on behalf of said Subrecipient and to
bind the same to this Agreement, and further that said Subrecipient has authority
to enter into this Agreement and that there are no restrictions or prohibitions
contained in any article of incorporation or bylaws against entering into this
Agreement.
9
J. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794)(and
the implementing regulations at 24 CFR 8), the Americans with Disabilities Act
of 1990 (PL 101-336), and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and
indemnify the Grantee from and against any and all liability for any
noncompliance on the part of the Subrecipient.
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be
an employee of the Grantee for any purpose whatsoever, nor shall any employee
of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at al times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees
as they relate to the services provided during the course and scope of their
employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of
all non-expendable personal property as defined by such policy and as may be
procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions(3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affirmative action
to ensure that applicants are employed and that employees are
10
treated during employment without regard to their race, color,
creed, religion, sex, age handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Subrecipient
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the
provisions of the nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age- handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Subrecipient will comply with all prOVlSlons of Executive
Order 11246, Equal Employment Opportunity, of September 24,
1965, as amended by Executive Orders 11375, and 1086, copies of
which are on file and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereof, and will permit access to its books, records, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
11
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Subrecipient will
take such action with respect to any subcontract or purchase order
as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Subrecipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the grounds of race, color, creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry, national origin,
marital status, familial status, or any other basis prohibited by applicable
law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole
or in part with Emergency Shelter Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
12
b. Provide any facilities, services, financial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any facility, or in
any other matter process related to receipt of any service or benefit
under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or
activity.
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment; eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities services,
or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
African-American, Spanish-speaking, Spanish surnamed or written representations by
Subrecipients regarding their status as minority and female business enterprises in lieu of
an inde:pendent investigation.
D. SECTION 3 CLAUSE
The St.brecipient will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR.Part 135. This Act requires that, to
the greatest extent feasible, opportunities for training and employment be given to lower
incom{: residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
person::; residing in the area of the project. In all solicitations for bids the contractor must,
before signing the contract, provide a preliminary statement of the work force needs and
plans for possible training and employment of lower income persons. When a
13
Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and Crban Development Act of 1968, as amended, and the clause shall be inserted as a
component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 2000d et seq.) and the Fair Housing Act (42 use 3601-20). In accordance with
GraJD.tee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familial status, in
the sale, lease, or rental, or in the use of occupancy of such land or any improvements
erected or to be erected thereon. The Subrecipient will comply with Title VII of the Civil
Right~: Act of 1968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affirmatively
further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions and shall pay overtime
compe:nsation in accordance with and subject to the provisions of the Contract Work
Hours and Safety Standards Act (40 USC 327-332), and the Subrecipient shall comply
with aj] regulations issued pursuant to the Act and with other applicable Federal laws and
regula;:ions pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed
by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its
obligation, if any, to require payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL93-234). Use of any assistaJD.ce provided under this Agreement for acquisition
or comtruction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02( a) of said
Act.
14
H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The Subrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefor, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
1. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the.
provis::ons for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulation requires that all owners, prospective owners, and tenants of properties
constmcted prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
K. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
propenies owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay
the proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act,
or (2) :for purposes of assessing any amount against properties owned and occupied by
person~; of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficit:nt funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
15
L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
Relocation Assistance Plan." The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or real property, and any negotiations for acquisition,
rehabilitation, or demolition of real property in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Unles:; specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement or persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any persons
or bm,iness as a result of Emergency Shelter Grant Activities, is shall comply with the
Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant
Activities," and Subrecipient shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and
against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection
with a,:::tivities undertaken pursuant to this Agreement.
M. Lobbying Restriction
Subrec:ipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federa.l loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or employee of a Member of
Congfl~ss, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents
for all subawards at all tiers (including subcontractors, sub grants, and contracts under
16
grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose according.
This certification is a material representation of face upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each cmd every provision of law and clause required by law to be inserted in this Contract
shall be read and enforced as though it were included herein, and if through mistake or
othelVlrise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make
such insertion or correction.
O. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.c. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
presef"lration Procedures for Protection of Historic properties, insofar as they apply to the
perfonnance of this contract.
In gelli~ral, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fIfty years old of older or that
are included on a Federal, State or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provided the
scope of services in accordance with the schedules set forth in Appendix
B.v
17
IN WITNESS WHEREOF, the parties have set their harlds and seals as of the date first
written above.
A TrEST:
ct;
c.JJ:b
SEAL
4.~~
Clerk of Commission
A TrEST:
By:
SAFE HOMES OF AUGUSTA. INe.
(Subrecipient)
~ /JIAA/tL
DAVE WELTER
As its President
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APPENDIX A
Proiect Area
The project locations is SAFE Homes Of Augusta, Inc., 1867 Central Avenue,
Augusta, GA 30904
APPENDIX B
Goals. Objectives. and Tasks
SAFE Homes of Augusta, Inc. is an organization that has been operating as an
independent private nonprofit shelter for battered women and their children since the fall
of 198'7. The agency incorporated in October 1986 as a nonprofit charitable organization
within the meaning of those terms as used in Section 501(c)(3) of the Internal Revenue
Code of 1954, as amended.
SAFE Homes' mission is to provide comprehensive services to victims of domestic
violence and their dependent children to include but not limit those services to the
provision of shelter for victims of domestic violence and to educate the community to the
effects of domestic violence in an effort to actively involve the community in the
elimination of such violence.
SAFE Homes' 1998 ESG funds will be used to provide assistance to victims of domestic
violence with rent deposits and utilities turn on fees to enable these victims to more
quickly enter safe independent shelter and provide funding for agency's 24-hour crisis
service:). In addition, provide for rent for agency's facility on Central Avenue and for
utilities at both agency's facilities.
A schedule for completion of this activity shall be submitted to Grantee within fifteen
(15) days after the execution of this agreement. The schedule shall be in sufficient detail
for Grantee to monitor the performance of this agreement
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
19
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as described
in this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Bude:et
ESSENTIAL SERVICES
$ 4,200
HOMELESS PREVENTION
3,450
OPERATING COSTS
$9.420
TOTAL BUDGET
$17,070
20
1 st
2nd
3rd
4th
APPENDIX D
ReDortine: Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements. .
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
APPENDIX E
Re1>orts' Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
April 15, 1998
July 15, 1998
October 15, 1998
January 15, 1998
January 1, 1998 - March 30, 1998
April I, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual & Financial Reports and Use of Properties:
1 st
2nd
3rd
4th
5th
January 30, 1999
January 30, 2000
January 30, 2001
January 30, 2002
January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1, 2001 through December 31, 2001
January 1,2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
21
ATTACHMENT #1
Ree:ulations. Circulars & Local Procurement Policv
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. Community Development Block Grant Entitlement Program 24 CFR 570
c. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments," specified at 24 CFR 570.502(a).
d. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
e. OMB Circular A-21
"Cost Principles for Educational Institutions"
f. OMB Circular A-II0; Attachments A,B,C,F,H,N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals & Other
Non-Profit Organizations"
g. OMB Circular A-133, "Audits ofInstitutions of Higher Education and Other Non-
Profit Institutions"
g. Augusta-Richmond County Procurement Policy
22
A TT ACHMENT #2
Forms
a. ESG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports; Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
g. Travel Log
23
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
GOLDEN HARVEST FOOD BANK
FOR
TIlE 1998 EMERGENCY SHELTER GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1st day of Januarv. 1998, by and
between AUGUST A, GEORGIA, by and through the Augusta-Richmond County
Commission, as the Implementor of the Emergency Shelter Grant Program (hereinafter
referr€:d to as "Grantee"), and Golden Harvest Food Bank (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received an Emergency Shelter Grant from the United
States Government under Subtitle B of Title IV of the Stewart B. McKinney Homeless
Assistance Act (42 USC 11371-11378).
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and
services necessary for the planning, implementation and execution of such a Emergency
Shelte:r Grant Program; and
WHEREAS, the Grantee desires to engage the Subrecipient to render certain services,
programs, or assistance in connection with such undertakings of the Emergency Shelter
Grant Program, situated in the Project Area described in Appendix A.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this
Contract in accordance with and respecting the following project:
The Master's Table
This program consists of three (3) elements: the soup kitchen, kids cafe and
prepared and perishable food rescue. All of which target the homeless, needy and
handicapped in the downtown Augusta-Richmond County area.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on Januarv 1. 1998, and
shall be undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of this Contract unless
so otherwise specified in the Contract Section 19 (General Terms and
Conditions). This Agreement shall remain in effect until December 31,
1998, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in
part, whenever the Commission, on recommendation from the Director of
the Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole of in part, shall be effected by delivery of a Notice
of Termination signed by the Mayor, mailed or delivered to Subrecipient,
and specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for
the default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to
the other party. All reports or accountings provided for herein shall be
rendered whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this Contract upon
written notification to the Subrecipient under any of the following
conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by BUD to the Grantee that said project is deficient
and that continued support of the project is not providing an
adequate level of services to low income, homeless and minority
people; or
3) Written notification from HUD to the Grantee that the program
funds made available to the Grantee are being curtailed,
withdrawn, or otherwise restricted.
e. The Grantee also reserves the right to terminate this Contract or to reduce
the Contract compensation amount if the Subrecipient:
1) Fails to file required reports or to meet project progress or
completion deadlines;
2) Materially fails to comply with any provision of this Agreement
(which may result in suspension or termination in accordance with
24 CFR 85.43 or OMB Circular A-I10. [Attachment 1#(b)];
2
3) Expends funds under this Agreement for ineligible activities,
services, or items;
4) Implements the project prior to notification from the Grantee that
the federal environmental review process has been completed;
5) Violates Labor Standards requirements; or
6) Fails to comply with written notice from the Grantee of
substandard performance under the terms of this Agreement.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
1.
11.
111.
Arthur J. Gay, Jr., Board Chairman
Charles Scavullo, Jr., Secretary
Michael J. Firmin, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes
of key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director
of HND within five (5) calendar days after the occurrence of any of these
events and provide the following information, providing a detailed
explanation of the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Grantee's Director of HND. Proposed
substitutes should have comparable qualifications to those of the persons
being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified
to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined by the
GraJD.tee will constitUte non-compliance with this contract. If actions to correct such
substandard performance are not taken by the Subrecipient within 30 days following on-
site monitoring by the Grantee, contract termination procedures will be initiated.
5. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed in accordance with recognized
and customarily accepted industry practices, and shall be considered complete when
3
services are approved as acceptable by the Grantee in writing. In the event of rejection of
any ta:;ks, reports, etc., Subrecipient shall be notified in writing and shall have ten (10)
working days from date of issuance of notification to correct the deficiencies and re-
submit acceptable work within said ten-day period. Failure to submit acceptable work
within said ten-day period shall constitute a breach of this contract for which the
Subrec:ipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction
to be void or invalid, such invalidity shall not affect the remaining terms and conditions
of this Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $17,500 for full performance of
the selvices specified under this Agreement. Any cost above this amount shall be the
sole responsibility of the Subrecipient. Subrecipient shall submit monthly requests for
,
payment to the Housing and Neighborhood Development (HND) Department.
Compensation shall be allowed on a reimbursement basis, only after expenditures have
been i.ncurred by the Subrecipient and proper supporting documentation has been
submi1ted in conformity with the approved and executed budget documentation which is
attach(:d to this Contract as Appendix C, incorporated herein by reference. In every case,
payment will be made subject to receipt of a reimbursement request for payment from the
Subrec:ipient specifying and certifying that such expenses have been incurred and
expended in conformance with this Contract and that the Subrecipient is entitled to
receive the amount requested under the terms of this Contract.
Payments will be made on a monthly basis only with a 30-day turnaround period by
Grantee. Requests for payments must be received by Grantee not later than the 15th day
of each calendar month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its
obligations, which has been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall
be empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Emergency Shelter Grants Programs: Stewart B. McKinney
Homeless Assistance Act 24 CFR Part 576 and other regulations governing Emergency
Shelter Grant Program, and any amendments or policy revisions thereto which shall
become effective during the term of this Agreement. A copy of said regulations is
incorporated by reference. In addition, the Subrecipient agrees to comply with other
4
applicable laws, including National Environmental Policy Act of 1969 (and the
implementing regulations 24 CFR 58), the National Historic Preservation Act of 1966 as
amended (16 USC 470), Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
(and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR
570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
incoffii~ homeless individuals and families. The Subrecipient agrees to maintain
documentation that demonstrates that the activities carried out with funds provided under
this Contract meet one or more of the ESG Program's purposes as defined in 24 CFR
576.1: (1) to help improve the quality of existing emergency shelters for the homeless, (2)
to help make available additional emergency shelters, (3) to help meet the costs of
operati.ng emergency shelters and of providing certain essential social services to
homeless individuals, so that these persons have access not only to safe and sanitary
shelter, but also to the supportive services and other kinds of assistance they need to
improve their situations; and (4) to restrict the increase of homelessness through the
funding of preventive programs and activities.
Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 576 of the Housing and Urban Development regulations concerning
Emergency Shelter Grant (ESG) Program and all federal regulations and policies issued
pursuant to these regulations including:
If the Subrecipient is a government agency, OMB Circular A-87, "Principles for
Detemlining Cost Applicable to Grants and Contracts with State, Local and Federally
Recognized Indian Tribal Governments," OMB Circular A-128,
"Audits of State and Local Governments" (implemented at 24 CFR 44); and the sections
of 24 CFR 851, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, specified at 24 CFR 570.502(a).
If the Subrecipient is not a government agency, OMB Circular A-122, "Cost Principles
for Non-Profit Organizations," or OMB Circular A-21, "Cost Principles for Education
Institution," applicable; OMB Circular A-133, "Audits of Institutions of Higher
Education and Other Non-Profit Institutions,"and Attachments A,B,C,F,H,N and 0 to
OMB Circular A-IIOl, as specified at 24 CFFR 570.502(b).
Subrecipient is prohibited from using funds provided herein for political activities,
sectari.m or religious activities, or lobbying activities.
9. MATCHING FUNDS
The Subrecipient shall match the amount of the grant approved for this project. In
calculating the amount of matching funds, there may be included the value of any
donated material or building: the value of any lease on a building; any salary paid to staff
5
in canying out the emergency shelter programs; and the time and services contributed by
volunteers to carry out the emergency shelter program, determined at the rate of $5.00 per
hour. The Grantee shall determine the value of any donated material or building or any
lease using any method reasonably calculated to establish a fair market value.
10. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0. If applicable, the projected use of the program
income shall be determined by the Grantee before execution of this Contract. The
Subrecipient shall report all "monthly" program income as defined at 24 CFR 570.504 on
a quarterly basis. The Subrecipient may use such income during the contract period for
the designated use and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unused program income shall be reported to
the Grantee at the end of the contract period. At that time a determination will be made
by the Director of HND as to whether the Subrecipient will retain the said income or said
incom~ may revert to the Grantee's Emergency Shelter Grant Program. If the
Subrecipient is allowed to retain program income, the Director shall designate its use and
the reporting requirements. Any interest earned on cash advances from the U.S. Treasury
is not program income and shall be remitted promptly to the Grantee.
10. INDIRECT COSTS
Indirect costs will only be paid if Subrecipient has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution
of this Contract.
11. TRAVEL
Subrecipient shall obtain prior written approval from the Grantee for any travel outside
the metropolitan area with funds provided under this Contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
12. INDEMNIFICATION
Subrecipient agrees to indemnify and hold harmless Grantee from any and all claims in
any way related to or arising out of Subrecipient's performance of its obligations
hereunder and/or Subrecipient's failure to perform its obligations hereunder or related to
or arising out of any damage or injury to property or persons, occurring or allegedly
occurring in connection with Subrecipient's performance or non-performance of its
obligations hereunder. No payment, however, final or otherwise, shall operate to release
the Subrecipient from any obligations under this Contract.
13. INSURANCE & BONDING
6
Subrecipient shall carry sufficient insurance coverage to protect contract assists from loss
due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
blanke': fidelity bond covering all employees in an amount equal to cash advances from
the Grantee. All policies providing insurance coverage required to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta Richmond County Commission
and its Mayor, and their officers, agents, members, employees nad successors as named
insureds, as their interests may appear, and shall be issued by and insurance carrier or
carrien; licensed to do business in the State of Georgia and reasonably acceptable to
Grantel~. All such policies shall provide that no act or omission of Grantee or its agents,
servants, or employees shall in any way invalidate any insurance coverage for the other
named insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof,
shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Contract. All activities, facilities and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient
will include a reference to the support provided herein all publications made possible
with funds made available under this Contract.
16. OPEN MEETINS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more that 33 1/3
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subreci.pient's board meetings.
17. ASSIGNMENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subreci.pient, either in whole or in part.
18. ENTIRE CONTRACT; ALTERATION
This Agreement is the entire agreement between the parties hereto. No alteration or
variation in the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto.
7
19. GENERAL TERMS AND CONDITIONS
A. REPORTS
The Subrecipient agrees to submit to Grantee program progress and fmancial
reports and any other reports that may be specified in Appendix D.
B. CLIENT DATA
Subrecipient agrees to maintain client data demonstrating client's eligibility for
services. Such data shall include, but not be limited to, client's name, address,
income level, racial, ethnic, gender, head of household, household income,
household size, or other basis for determining eligibility, and description of
services provided. Subrecipient shall submit this data to Grantee within 30 days
after December 31, 1998.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 576.87, and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
1. Records providing a full description of each activity undertaken;
11. Records required to determine the eligibility of activities provided
to each homeless person;
111. Records documenting compliance with the fair housing and equal
opportunity components of the ESG Program, and
IV. Financial records as required by OMB Circular A-133.
Subrecipient agrees to keep all necessary books and records, including property,
personnel and financial records in connection with the operations and services
performed under this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or
more in combined federal assistance, it agrees to obtain an audit conducted in
accordance with OMB Circular A-l33. However, if an audit is not required, the
Subrecipient agrees to provide quarterly financial reports to the Grantee. If
Subrecipient do not prepare financial statements on a monthly or quarterly basis, a
detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
D. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has
access to and the right to examine all records, books, papers, or documents related
to the project.
8
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers,
and documents will be retained for a period of not less that four (4) years after the
termination of all activities funded under this contract, or after the resolution of all
Federal audit findings, whichever occurs later and grants the Grantee the option of
retention of the project records, books, papers, and documents. The retention
period shall start from the date of submission of the Grantee's annual performance
report, as prescribed in 24 CFT 91.520, in which the specific activity is reported
on for the final time rather than from the date of submission of the final
expenditure report for the award.
F. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended
improvements or activities.
G. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further
fair housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that is will establish and adopt
safeguards to prohibit members, officers, and employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties. Further, no member, officer, or employee of
Subrecipient who exercises any functions or responsibility with respect to the
program during his or her tenure or for one year thereafter, shall have any
proceeds thereof, either for themselves or those with whom they have family or
business ties, for work to be performed in connection with the program assisted
under this Agreement.
I. AUTHORIZA TION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a
party to this Agreement, hereby severally warrants and represents that said person
has authority to enter into this Agreement on behalf of said Subrecipient and to
bind the same to this Agreement, and further that said Subrecipient has authority
to enter into this Agreement and that there are no restrictions or prohibitions
contained in any article of incorporation or bylaws against entering into this
Agreement.
9
1. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded
by this Agreement and in all of its other operations, it will comply with all
requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794)(aJD.d
the implementing regulations at 24 CFR 8), the Americans with Disabilities Ac~
of 1990 (PL 101-336), and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and
indemnify the Grantee from and against any and all liability for any
noncompliance on the part of the Subrecipient.
K. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any
manner to, create or establish an employer-employee relationship between the
parties, nor shall any employee of the Subrecipient by virtue of this Contract be
an employee of the Grantee for any purpose whatsoever, nor shall any employee
of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at al times an independent
contractor and shall be wholly responsible for time, means and manner for
performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees
as they relate to the services provided during the course and scope of their
employment.
L. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of
all non-expendable personal property as defined by such policy and as may be
procured with funds provided herein.
20. OTHER PROVISIONS
A. Equal Employment Opportunity
The following provisions (1) and (2) are applicable to all contracts and
subcontracts; provisions (3) through (7) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(1) The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, familial status, or any other basis prohibited
by applicable law. The Subrecipient shall take affirmative action
to ensure that applicants are employed and that employees are
10
treated during employment without regard to their race, color,
creed, religion, sex, age handicap, disability, sexual orientation,
ancestry, or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and
selection for training including apprenticeship. The Subrecipient
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the
provisions of the nondiscrimination clause.
(2) The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that all
qualified applicants will receive consideration for employment
without regard to race, creed, religion, sex, age handicap,
disability, sexual orientation, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(3) The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the
Subrecipient's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Subrecipient will comply with all provlSlons of Executive
Order 11246, Equal Employment Opportunity, of September 24,
1965, as amended by Executive Orders 11375, and 1086, copies of
which are on file and available at the Grantee, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(5) The Subrecipient will furnish all information and reports required
by Executive Orders 11246 of September 24, 1965, as amended,
and by rules, regulations, and orders of the Secretary of Labor, or
pursUaJD.t thereof, and will permit access to its books, records, and
accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said
rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Subrecipient
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
11
procedures authorized in Executive Order 11246 of September 24,
1965, as amended, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended, or as otherwise provided by law.
(7) The Subrecipient will include in the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor, issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The Subrecipient will
take such action with respect to any subcontract or purchase order
as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in
the event a Subrecipient becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by HUD, the Subrecipient may request the United States
to enter into such litigation to protect the interests of the United
States.
B. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing aJD.d Community
Development Act of 1974, and in conformance with Grantee policy and all
requirements imposed by or pursuant to the Regulations of HUD (24 CFR
Part 570.601 and 570.602) issued pursuant to Section 109, no person in
the United States shall on the grounds of race, color, creed, religion, sex,
age, handicap, disability, sexual orientation, ancestry, national origin,
marital status, familial status, or any other basis prohibited by applicable
law be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole
or in part with Emergency Shelter Grant Program funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Subrecipient may not directly or through contractual or other
arrangements, on the grounds of race, color, creed, religion, sexual
orientation, ancestry, national origin, marital status, familial status, age,
handicap, disability, sex or other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other benefits
provided under the program or activity.
12
b. Provide any facilities, services, financial aid, or other benefits
which are different, or are provided in a different form from that
provided to others under the program or activity.
c. Subject to segregated or separate treatment in any facility, or in
any other matter process related to receipt of any service or benefit
under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities,
services, financial aid or other benefits under the program or
activity .
e. Treat an individual differently from others in determining whether
the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the
individual must meet in order to be provided any facilities services,
or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
C. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the perf<;>rmance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
African-American, Spanish-speaking, Spanish surnamed or written representations by
Subrecipients regarding their status as minority and female business enterprises in lieu of
an independent investigation.
D. Section 3 Clause
The Subrecipient will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to
the gre2'.test extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awm'ded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project. In all solicitations for bids the contractor must,
before signing the contract, provide a preliminary statement of the work force needs andiplans D)r possible training and employment of lower income persons. When a
13
Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, and the clause shall be inserted as a
compor::ent part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
E. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 use 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with
Grantee Policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under t:ms Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap,
disability, sexual orientation, ancestry, national origin, marital status, or familial status, in
the sale, lease, or rental, or in the use of occupancy of such land or any improvements
erected Dr to be erected thereon. The Subrecipient will comply with Title VII of the Civil
Rights Act of 1968 (PL 90-284) as amended and will administer all programs and
activities related to housing and community development in a manner to affIrmatively
further Fair Housing.
F. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, the Subrecipient and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any buil.ding or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions and shall pay overtime
compensation in accordance with and subject to the provisions of the Contract Work
Hours and Safety Standards Act (40 use 327-332), and the Subrecipient shall comply
with all regulations issued pursuant to the Act and with other applicable Federal laws and
regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed
by State or Local laws, nothing hereunder is intended to relieve the Subrecipient of its
obligation, if any, to require payment of the higher rates.
G. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL93-234). Use of any assistance provided under this Agreement for acquisition
or const:~ction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 102(a) of said
Act.
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H. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
The S llbrecipient shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as aml~nded, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended from time to time.
I. Provisions of the Hatch Act
Neither the Subrecipient program nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engag~:d in the conduct of political activities in contravention of Chapter 15 of Title 5,
United States Code.
1. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. The
Subrecipient, at its sole cost, will comply with the requirements of 24 CFR 570.608 for
notification, inspection, testing, and abatement procedures concerning lead-based paint.
Such regulation requires that all owners, prospective owners, and tenants of properties
constmcted prior to 1978 be properly notified that such properties may contain lead-
based paint. Such notification shall point out the hazards of lead-based paint and explain
the symptoms, treatment, and precautions that should be taken when dealing with lead-
based paint poisoning.
K. Special Assessments
Subrec:lpient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay
the proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act,
or (2) for purposes of assessing any amount against properties owned and occupied by
persom; of moderate income, the grantee certifies to the Secretary of BUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
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L. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrec:ipient will comply with the "Grantee's Community Development Block Grant
Program Plan for Minimizing the Displacement of Persons as a result of Emergency
Shelter Grant Funded Activities" and the Grantee's Residential Anti-Displacement and
Relocation Assistance Plan." The Subrecipient will conduct any acquisitions,
rehabilitation, or demolition, or real property, and any negotiations for acquisition,
rehabilitation, or demolition of real property in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Unless specifically permitted in Appendix B or Appendix C, Subrecipient will not cause
either temporary or permanent involuntary displacement or persons or businesses. If
Subrecipient causes the involuntary temporary or permanent displacement of any persons
or business as a result of Emergency Shelter Grant Activities, is shall comply with the
Grantee's "Plan to Assist Persons Actually Displaced by Emergency Shelter Grant
Activities," and Subrecipient shall provide all notices, advisory assistance, relocation
benefit5, and replacement dwelling units as required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606.
Subrec:ipient hereby agrees to defend, to pay, and to indemnify the Grantee from and
against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection
with activities undertaken pursuant to this Agreement.
M. Lobbying Restriction
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, 10aJD.,
or coop'~rative agreement;
If any fllnds 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
Membe:r of Congress, an officer or employee of Congress., or employee of a Member of
Congre~;s, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"
in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents
for all ~;ubawards at all tiers (including subcontractors, subgrants, and contracts under
16
grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclm:e according.
This certification is a material representation of face upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, Urcited States Code. Any person who fails to file the required certification shall be
subjec;: to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
N. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be read and enforced as though it were included herein, and if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be physically amended to make
such insertion or correction.
O. Historic Presentation
If applicable, the Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470) and the procedures set forth in CFR, Part 800, Advisory Council of Historic
preservation Procedures for Protection of Historic properties, insofar as they apply to the
performance of this contract.
In gem:ral, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old of older or that
are incLuded on a Federal, State or local historic property list.
21. MISCELLANEOUS
A. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
B. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provided the
scope of services in accordance with the schedules set forth in Appendix
B.
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IN WlTNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
SEAL
~
cr
4a 1. nner
Clerk of Commission
ATTEST:
GOLDEN HARVEST FOOD BANK
(Subrecipient)
SEAL
~~~
As its Chairman
By:
(Plain Witness)
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:-:-:.:-:.:.:.:.:.:-
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . .
:~:i:i:i:i:::
. .
. .. ......
....... ............
. . . . . . . . . .
. . . . . . . . . .
. . . . . . . . . .
. . . . . . .. . . .
. . . . . . . . . .
APPENDIX A
Proiect Area
The project location is 3310 Commerce Drive, Augusta, Georgia 30909.
APPENDIX B
Goals. Obiectives. and Tasks
The Master's Table Program is a comprehensive approach to the hunger faced by the
neediest of the needy that inhabit the downtown area. The meals provided at the soup
kitchen are often the only one the clients have each day. The children who eat at the two
"Kids Cafe" locations would many times have no evening meal at all, if the cafe didn't
exist. And the innovative approach to "rescuing" food from non-traditional food donors
such ~; restaurants and hospitals provides many needy with a hot nutritious meal each
day - at over 10 different feeding programs in the downtown area. Diversity, innovation
and linkage to other programs are the hallmarks of The Master's Table Program.
The ce:r1tral soup kitchen and medical clinic - located at 842 Fenwick Street serves a
free, noon-time meal - focusing on a 200+ per day client population of men, women &
children, many of whom are homeless. Additionally, limited medical services are offered
to the clients twice per week.
The pn:pared and perishable food rescue program - the soliciting, collection and re-
distribution of cooked and fresh foods from restaurants, caterers, area hospitals, etc., and
the distribution of this product to "on-site" feeding programs in the downtown Augusta
area - many of whom serve a homeless population. Currently collecting from 30+
donors and distributing about 400 pounds daily to ten + agencies.
The Kids Cafe - an after-school program which provides an evening meal and tutoring,
primarily to elementary age children, many of whom would go home to an empty home
and/or house with only an older sibling - with no real potential of having a consistent
and/or nutritious evening meal. Currently operating each school night at three (3)
locations (one of which is in Aiken, S.C.) serving in excess of300 children each school
night.
ESG funds will be used to furnish food and continue the operation for these programs.
A schedule for completion of this activity shall be submitted to Grantee within 15 days
after the execution of this agreement. The schedule shall be in sufficient detail for
Grantee to monitor the performance of this agreement.
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."
Responsibilities of Subrecipient:
1. Provide services as stated in this Contract.
2. Read all regulations attached herein to this Contract.
3. Maintain socio-economic data on clients and insure that persons served are low
and moderate income homeless individuals and/or families.
4. Request reimbursement of expenditures for line items allowed per budget.
5. Carry out activity in a timely manner.
Responsibilities of Grantee:
1. Provide Technical Assistance to assist Subrecipient in complying with applicable
laws and regulations.
2. Monitor Subrecipient to determine if the activity is being carried out as described
in this Contract. (Monitoring shall consist of site visits and review of records).
APPENDIX C
Bude:et
Essential Services
(Costs of food for Kids Cafe only)
2,500
Operating Costs
(Utilities, rent, salaries up to $1,200)
TOTAL
15.000
$ 17,500
APPENDIX D
Reoorting: Requirements
The S ubrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Quarterly Program Progress and Financial Reports or Detailed List of
Cash Receipts and Cash Disbursements.
2. Annual Program Progress and Financial Reports or Detailed List of Cash
Receipts and Cash Disbursements.
3. If applicable, Audit Report. If Subrecipient is not required to have an
audit, an annual Financial Report shall be submitted to Grantee.
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APPENDIX E
Reuorts'Schedule
1. Quarterly Program Progress & Financial Reports Due:
For Reporting Period:
1ft April 15, 1998
2nd July 15, 1998
3rd October 15, 1998
4th January 15, 1998
January 1, 1998 - March 30,1998
April 1, 1998 - June 30, 1998
July 1, 1998 - September 30, 1998
October 1, 1998 - December 31, 1998
2. Annual & Financial Reports and Use of Properties:
1 st
2nd
3rd
4th
5th
January 30, 1999
January 30, 2000
January 30, 2001
January 30, 2002
January 30, 2003
January 1, 1998 through December 31, 1998
January 1, 1999 through December 31, 1999
January 1, 2000 through December 31, 2000
January 1,2001 through December 31,2001
January 1, 2002 through December 31, 2002
3. Audit Report due within 30 days after completion of audit.
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ATTACHMENT #1
Ree:ulations. Circulars & Local Procurement Policv
a. Emergency Shelter Grant Program regulations 24 CFR 576.
b. Community Development Block Grant Entitlement Program 24 CFR 570
c. 24 CFR 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments," specified at 24 CFR 570.502(a).
d. OMB Circular A-122
"Cost Principles for Non-Profit Organizations," or
e. OMB Circular A-21
"Cost Principles for Educational Institutions"
f. OMB Circular A-I10; Attachments A,B,C,F,H,N, and O.
"Grants and Agreements with Institutions of Higher Education, Hospitals & Other
Non-Profit Organizations"
g. OMB Circular A-133, "Audits ofInstitutions of Higher Education and Other Non-
Profit Institutions"
h. Augusta-Richmond County Procurement Policy
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;
ATTACHMENT #2
Forms
a. ESG Income Verification
b. Inventory
c. Reimbursement Request
d. Reports; Quarterly Program Progress
e. Reports: Annual Program Progress
f. Time Sheet
g. Travel Log
23