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HomeMy WebLinkAboutThe 1998 Emergency Shelter Grant Program Augusta Richmond GA DOCUMENT NAME: !he- IDtCf<t elmeV~en0J She.-lfev Cq ran+- "Py-ogram DOCUMENTTYPE: AsreerY1efl+- YEAR: I q~1 Y - BOX NUMBER: ~ FILE NUMBER: J 3? ~+ NUMBER OF PAGES: / 3X' ~ ~ ,- -. ~ .J CONTRACT BETWEJ I 3 o1~ 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 . , " 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)]; 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: l. 11. 111. 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 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 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 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 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 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 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 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 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. 7 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. 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. 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. 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 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 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 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 . . . . . . . . . . . . . . . . . . .'. z~ ...-= .:. , ...~ :~:i:i:i:i:-:- . ",1 .. . ~ . . .... . .. ..... 0..' . . . . . '. .......... ~;,.~ . . . . . . . . . .. . . . . . . . . . .'~ . . . . . . . . . .. .,',',','.....',' ,,,'J 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. 7 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 18 ................ . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . :~:i:i:i:. ,'.. ..... . .. .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 14 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). 15 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. 17 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) 18 :-:-:.:-:.:.:.:.:.:- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :~: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. 19 ." 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. 20 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. 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-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 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