HomeMy WebLinkAboutTHE ART FACTORY INC CDBG PROGRAM
ORIGINAL
AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND
THE ART FACTORY, INC.
FOR
YEAR 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
This Agreement is made and entered into this 151 day of January, 2008, by and between Augusta, Georgia, by
and through the Augusta-Richmond County Commission, as the Implementor of the Community Development
Block Grant Program (hereinafter referred to as "Grantee"), and THE ART FACTORY, INC. (hereinafter
referred to as the "Subrecipienf'). .
WHEREAS, the Grantee has applied for and received funds from the United States Government under
Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-
383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds;
NOW, THEREFORE, it is agreed between.the parties hereto as follows:
ARTICLE I.
DEFINITIONS AND IDENTIFICATIONS'
Unless the context otherwise requires, the capitalized terms used herein and not otherwise defined shall
have the meaning assigned to them in this Article L
Community Development Block Grant (CDBG) Program or "Program"
The term "Community Development Block Grant (CDBG) Program," or "Program" shall mean that program
administered by the Housing and Community Development Department of the City and funded by a
Community DevelopmentBlock Grant applied for by the City and awarded by HUD as authorized pursuant to
Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended.
Department
The term "Departmenf' shall mean the Housing and Community Development Department of the City.
Grantee
The term "Grantee" shall mean the City as Grantee of a Community Development Block Grant awarded by
HUD.
City
The term "City" shall mean Augusta, Georgia.
HUD
The term "HUD" shall mean the U. S. Department of Housing and Urban Development.
Project
The term "Project" shall mean the project or projects set forth in Article III hereto entitled "Scope of
Services and Timetable."
Low- and Moderate-Income Household
The term "Low and Moderate Income Household" shall mean a household having an income equal to or
less than the Section 8 low-income limit established by HUD.
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Low- and Moderate-Income Person
The term "Low- and Moderate-Income Person" shall mean a member of a family having an income equal to or
less than the Section 8 low-income limit established by HUD (80% of Area Median Income). Unrelated
individuals will be considered as one-person families for this purpose.
Household
Household means all the persons who occupy a housing unit. The occupants may be a single family, one
person living alone, two or more families living together, or any otherrelated or unrelated person who share
living arrangements.
ARTICLE II: PREAMBLE
In order to establish the background, context and frame of reference for this Agreement and to manifest the
objectives and the intentions of the respective parties herein, the following statements, representations and
explanations are set forth. Such statements, representations and explanations shall be accepted as
predicates for the undertakings and commitments included within the provisions, which follow, and may be
relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is
based.
1. Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the
. Act") consolidated several existing programs for community development into a single program
of Community Development Block Grants (hereinafter .CDBG") for the purpose of allowing local
discretion for the determination of needs and priorities of community development. The citizens
of Augusta through citizen participation workshops, the Mayor, and Commission determined the
needs and priorities of community development in the City.
2. Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in City's
CDBG submission to HUD, referred to as the Annual Plan. The City determined thatthe projects
included in the Annual Plan each addressed one or more of the following three national
objectives:
(a) Activities benefiting low- and moderate-income persons;
(b) Activities which aid in the prevention or elimination of slum and/or blight; and/or,
(c) Activities designed to meet community development needs having a particular urgency.
The City has. determined that the Project is a CDBG eligible activity as it addresses one or more of
these objectives.
3. Under the Rules and Regulations of HUD, the City is administrator for the Program, and is
mandated to comply with various statutes, rules and regulations of the United States, as they
pertain to the allocation and expenditure of funds as well as protectingthe interest of certain
classes of individuals who reside in the City of Augusta.
4. The Grantee is desirous of disbursing the funds to the Subrecipient for use in the Project.
However, as administrator for the Program, the Grantee desires to obtain the assurance from the
Subrecipient that it will comply with all applicable statutes, rules and regulations of the United
States, the State of Georgia, and/or the City relating to the Project and the Program, as a
condition precedent to the release of such funds to the Subrecipient.
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ARTICLE III: PROJECT
The Grantee agrees to reimburse the Subrecipient in an amount not to exceed Fifteen-Thousand
dollars ($15.000) (hereinafter the "Granf') to implement the following project(s):
Communication Arts Education Services '
Subrecipient will provide tuition assistance and/or scholarships to low-income individuals in fine arts
classes, after-school and in summer camp. Said project is more fully set forth in Exhibit "A" attached
hereto and made a part hereof.
ARTICLE IV: NOTICES
Subrecipient and the Grantee agree that all notices required by this Agreement shall be in writing and
delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other
electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or
sending. All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following Agreement
representatives:
Grantee:
Augusta, Georgia
Attention: David S. Copenhaver, Mayor
530 Greene Street, 8th Floor
Augusta, Georgia 30901
With copy to:
Housing and Community Development Department
Attention: Chester A. Wheeler, III, Director
925 Laney-Walker Boulevard
Augusta, Georgia 30901
If to Subrecipient:
The Art Factory, Inc.
Attention: Cindy O'Brien, Director
1510 Johns Road
Augusta, Georgia 30904
ARTICLE V: GENERAL CONDITIONS
A. General Comoliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,.
Part 570 (the U.S. Housing and Urban Development regulations conceming Community Development Block
Grants (CDBG)) including subpart K of these regulations, exceptthat (1) the Subrecipient does not assume the
Grantee's environmental responsibilities and (2) the Subrecipient does not assume the Grantee's responsibility for
initiating the review process. The Subrecipient also agrees to comply with all other applicable Federal, state and
local laws, regulations, and policies goveming the funds provided under this Agreement. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise
available.
B. Indeoendent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times
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remain an "Independent Contractor" with respect to the services to be performed under this Agreement The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits,
charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of
the services or subject matter called for in this Agreement
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
E. Insurance & Bondina
The Subrecipient shall carry sufficient insurance coverage to protect Contract assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash reimbursements/advances from the Grantee. The
Subrecipient shall comply. with the bonding and insurance requirements of 24 CFR 84.31 and 84.48,
Bonding and Insurance.
F. Grantee's Recoanition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this
Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided
herein in all publications made possible with funds made available under this Agreement
G. Amendments
1. The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make
specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of
each organization, and approved by the Grantee's governing body. Such amendments shall not
invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this
Agreement
2. It is further understood that the Grantee is responsible to HUD for the administration offunds and may consider
and act upon reprogramming recommendations as proposed by its Subrecipient In the event that the Grantee
approves any modification, amendment, or alteration to the funding allocation, the Subrecipientshall be notified
pursuant to Article V and such notification shall constitute an official amendment to this Agreement
3. It is further agreed that the Subrecipient will submit to the Grantee within thirty (30) days of the completion of
each Project a complete financial accounting of all its project activities.
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6. It is further understood that the Subrecipient shall be allowed only one amendment to this agreement No
amendment will be granted to extend the agreement beyond the established end of grant period.
H. Susoension or Termination
1. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited
to the following:
(a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes,
regulations, executive orders, and HUD guidelines, pOlicies or directives as may become applicable
at any time;
(b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under
this Agreement;
(c) Ineffective or improper use of funds provided under this Agreement; or
(d) Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any
material respect.
2. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the
Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of
a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
ARTICLE VI: ADMINISTRATIVE REQUIREMENTS
A Financial Manaqement
1. Accountinq Standards
The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate intemal controls, and maintain necessary source
documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles
for Non-Profit Organizations," or A-21 , "Cost Principles for Educational Institutions," as applicable. These
principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
(a) Subrecipient gives the Grantee, HUD, and the Comptroller General, through any authorized
representatives, access to and the right to examine all records, books, papers, or documents relating to the
Project
(b) Subrecipient agrees to maintain books, records, and documents in accordance with general
accepted accounting procedures and practices that sufficiently and properly reflects all
expenditures of Grant funds provided by the Grantee under this Agreement.
(c) All Grant funds disbursed through a Community Development Block Grant shall be used only
for eligible activities specifically outlined in this Agreement. The Subrecipient shall comply with
any conditions and timetables set forth in this Agreement. In the event the Subrecipient does not
comply with the conditions and timetables, or if the Subrecipient ceases to exist or provide the
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services for which the Grant was made, the Subrecipient will not carry out another CDBG eligible
project, the Subrecipient shall be in default. In the event of default, the Grantee may exercise any
rights or remedies provided in this Agreement.
B. Documentation and Recordkeeoino
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR
570.506, which are pertinent to the activities to be funded under this Agreement Such records shall include
but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the
CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and other records
necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other
records pertinentto the Agreement for a period offive (5) years. The retention period begins on the date of
the submission of the Grantee's annual performance and evaluation report to HUD in which the
activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if
there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that
have started before the expiration of the five-year period, then such records must be retained until completion
of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for determining
eligibility, and description of service provided. Such information shall be made available to Grantee monitors
or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this Agreement is private and the
use or disclosure of such information, when not directly connected with the administration of the
Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is
prohibited by unless written consent is obtained from such person receiving service and, in the case of a
minor, that of a responsible parent/guardian.
5. Close-outs
The Sub recipient's obligation to the Grantee shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to: making final
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payments and disposing of program assets. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds,
including program income.
Any Grant funds remaining at the end of the Agreement period shall be retumed to the Grantee, and the
Grantee may in its discretion reprogram the funds to another CDBG eligible project
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made
available to the Grantee, HUD, and the Comptroller General of the United States or any of their
authorized representatives, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies
noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the
Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments. The Subrecipient
hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy
concerning Subrecipient audits and OMB Circular A-133.
C. Reoortina and Payment Procedures
1. Proaram Income
The Subrecipient shall report "monthly" all program income [as defined at 24 CFR 570.500(a)]
generated by activities carried out with CDBG funds made available under this Agreement. The use
of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR
570.504. Byway of further limitations, the Subrecipient may use such income during the Agreement
period for activities permitted under this Agreement and shall reduce requests for additional funds by
the amount of any such program income balances on hand. All unexpended program income shall be
returned to the Grantee at the end of the Agreement period. Any interest earned on cash advances
from the U.S. Treasury and from funds held in a revolving fund account is not program income and
shall be remitted promptly to the Grantee.
Program income anticipated to be generated from the use of CDBG funds for this project is approximately
$0.
2. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to
the Grantee for approval, in a form specified by the Grantee.
3. Invoicina and Payment Procedures
1) In order to obtain reimbursement from the Grantee in connection with the Project,
Subrecipient shall provide the following information:
a. Subrecipient shall submit Monthly Progress Reports for the Project in the form attached
hereto as Exhibit "E" detailing accomplishments for the report period and the number of
participants broken down by race, sex and female head of household. In addition, for
each Program participant, the Subrecipient shall complete a Participant Income Eligibility
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Form in the form. attached hereto as Exhibit "D" and shall submit such forms with its
Monthly Progress Report. The Monthly Progress Report and Participant Income
Eligibility Form must accompany all requests for payment until all funds have been
expended. In the event that all funds are expended prior to the expiration of the
agreement period, reports must continue to be submitted throughout the twelve month
period.
b. The Subrecipient shall submit time sheets as backup documentation for salary
reimbursement. In addition, the Subrecipient shall submit mileage, if applicable.
c. Request for reimbursement by Subrecipient shall be accompanied by invoices, cancelled
checks, receipts or other documentation evidencing funds expended by Subrecipient.
d. The Grantee agrees to reimburse costs allowable under Federal, State and Local
guidelines.
2) Upon receiving the invoices, reports and other material, the Department shall audit such
documentation to determine whether the items invoiced are eligible for reimbursement under
applicable Federal, State and local laws and regulations.
3) The Department shall authorize the Grantee's Financial Officer to reimburse the Subrecipient for ... ..
all costs it determines are eligible for reimbursement, pursuant to the audit. Payments will be
made on a monthly basis with a 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.
4) The Grantee will pay to the Subrecipient funds available under this Agreement based upon
information submitted by the Subrecipient and consistent with any approved budget and the
Grantee policy conceming payments. The Grantee reserves the right to liquidate funds available
under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient
4. Proqress Reoorts
The Subrecipient shall submit Monthly Progress Reports to the Grantee in the form (Exhibit E) as
required by the Grantee. Progress reports shall be submitted by the 15111 day of each month for prior
month activities.
5. Annual Reoorts
The Subrecipient shall submit an Annual Performance Report to the Grantee in the form (Exhibit F) ,
content as required by the Grantee. The Annual Performaflce Report shall be submitted to Grantee
by January 15 following the year of the grant period.
D. Procurement
1. Comoliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment
and shall maintain inventory records of all non-expendable personal property as defined by such policy as
may be procured with funds provided herein. Personal property means property of any kind except real
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property. All program assets (unexpended program income and/or property) shall revert to the Grantee
upon termination of this Agreement
a. All procurement transactions regardless of whether negotiated or advertised and without
regard to dollar value, shall be conducted in a manner so as to provide maximum open free
competition consistent with the Cost Principles for Non-Profit Organizations, OMB Circular A-
110 "Procurement Standards."
b. Subrecipient shall make positive efforts to utilize small business and minority owned business
sources, as well as women-owned businesses, for supplies and services.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 24 CFR 84.40-48.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan
area with funds provided under this Agreement
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance
with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable,
which include but are not limited to the following:
1. The Sub recipient shall transfer to the Grantee any CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or
termination.
2. Real property under the Subrecipienfs control that was acquired or improved, in whole or in
part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG
National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this
Agreement or such longer period of time as the Grantee deems appropriate.
3. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG
National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an
amount equal to the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the
property. Such payment shall constitute program income to the Grantee. The Subrecipient may
retain real property acquired or improved under this Agreement after the expiration of the five-year
period or such longer period of time as the Grantee deems appropriate.
4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold,
the proceeds shall be program income (prorated to reflect the extent to that funds received under
this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient
for activities under this Agreement shall be:
a. Transferred to the Grantee for the CDBG program, or
b. Retained after compensating the Grantee for an amount equal to the current fair market.
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ARTICLE VII:
RELOCATION REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR
570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and
Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR
570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The
Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b )(2) that
are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted
project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies
concerning the displacement of persons from their residences.
ARTICLE VIII: PERSONNEL & PARTICIPANT CONDITIONS
A Civil Riqhts
1. Compliance
a. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended,
Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of
the Housing and Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act
of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders
11375,11478,12107 and 12086.
b. In compliance with Executive Order 11246 and Section 3 of the 1968 Housing and
Urban Development Act regarding Equal Employment Opportunity, the Subrecipient agrees
and understands that no person shall be discriminated against on the grounds of race, color,
national origin, age, familial status, handicap or sex. Further assurance is also given that the
Subrecipient will immediately take any measures necessary to effectuate this policy. Notice
of the policy will be placed in plain sight at the Project location, for the benefit of interested
parties, and all subcontractors will be notified of the policy provisions.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and Contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by
Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDAarestill
applicable.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the CMI Rights Act of 1964 (P. L. 88-352) and 24
CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this Agreement, the Subrecipient shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the Grantee and the United States are
beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to
carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant, and will not itself so discriminate.
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4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against
the individuals with disabilities or handicaps in any Federally assisted program. TheGrant~shall provide
the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force
during the term of this Agreement
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications
an Affirmative Action Program in keeping with the principles as provided in President's Executive Order
11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minoritv-Owned Businesses lWIMBE) (24 CFR 570.610 & Part 84 applies)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the terms "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51)
percent owned and controlled by minority group members orwomen. For the purpose of this definition,
"minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-
heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
The Subrecipient shall fumish and cause each of its own Subrecipients or subcontractors to fumish all
information and reports required hereunder and will permit access to its books, records and accounts by
the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other Agreement or understanding, a notice, to be provided by the agency
Agreementing officer, advising the labor union or worker's representative of the Subrecipient's
commitments hereunder, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment
5. Equal Emplovment OpPOrtunity and Affirmative Action (EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the.
Subrecipient; state that it is an Equal Opp~rtunity or Affirmative Action employer.
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6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action,
in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding
upon each of its own Subrecipients or subcontractors.
C. Emplovment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the
program for. political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-8acon kjas
amended, the provisions of Contract Work Hours and Safety Standards kj (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement The Subrecipient agrees to comply with the Copeland Anti-Kick Back kj (18 U.S.C. 874 et seq.) and its
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipientshall maintain documentation
that demonstrates compliance with hour and wage requirements of this part Such documentation shall be made available to
the Grantee for review upon request
The Subrecipient agrees that, exceptwith respectto the rehabilitation or conslruclion of resklential property containing less than
eight (8) units, all Contractors engaged under Contract s in excess of $2,000.00 for construction, renovation or repair work
financed in whole or in part with assistance provided under this Agreemen~ shall complywilh Federal requirements adopted by
the Grantee pertaining to such Agreements and with applicable requirements of the regulations of the Department of Labor,
under 29 CFR Parts.1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to joumeyworkers;
provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The
Subrecipient shall cause or require to be inserted in full, in all such Agreements subject to such regulations, provisions meeting
the requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Ad. of 1968, as amended, and as implemented by the
regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
this Agreemen~ shall be a condition of the Federal financial assistance provided under this Agreement and
binding upon the Grantee, the Subrecipient and any of the Subrecipienfs subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipienfs
subrecipients and subcontractors, their successors and assigns, to those sanctions specified bytheAgreement
through which Federal assistance is provided. The Subrecipient certifies and agrees that no Contraclual orother
disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and to indude the follo.Ning
language in all subcontracts executed under this Agreement
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701). Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
Agreements for work in connection with the project be awarded to business coricems that
13
provide economic opportunities for Iow- and very low-income persons residing in the
metropolitan area in which the project is located."
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection
with a housing rehabilitation (induding reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project are given to low- and very Iow-jncome persons residing within
the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be
given to low- and very low-income persons within the service area of the project or the neighborhood in
which the project is located, and to low- and very low-income participants in other HUD programs and
award Agreements for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead-based paint hazards), housing construction, or other public construction project to
business concems that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should
be given to business concems that provide economic opportunities to low- and very low-income residents
within the service area or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs.
The Subrecipient certifies and agrees that no Contractual or other legal incapacity exists that VIIOlJId prevent
compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or represen1ative of'MJrkers with which it has a
collective bargaining agreement or other Agreement or understanding, if any, a notice advising said labor
organization or'MJrker's representative of its commitments under this Section 3 clause and shall post copies of
the notice in conspicuous places available to employees and applicants for employment or training.
c. Sutx:ontracls
The Subrecipientwill indude this Section 3 clause in every subcontract and will1ake appropriate action pursuant
to the subcontract upon a finding thatthe subcontractor is in violation of regulations issued by the grantoragency.
The Subrecipient will not subcontract with any entity where it has notice or knONledge that the latter has been
found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first
provided it with a preliminary statement of ability to comply with the requirements of these regulations.
i. Conduct
1. Assianabilitv
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the
Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the
Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be fumished promptly to the Grantee.
2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or indivi:lual in the performance of this
Agreement without the written consent of the Grantee prior to the execution of such agreement
b. Monitorinq
The Subrecipient will monitor all subcontracted services on a regular basis to assure Agreement
compliance. Results of monitoring efforts shall be summa~ in written reports and supported with
14
documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made
a part of any subcontract executed in the performance of this Agreement
d. Selection Process
The Subrecipientshall undertake to insure that all subcontract sfet in the performance of this Agreement shall
be awarded on a fair and open competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning
the selection process.
3. Hatch Ad.
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement shall
be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 ofTrtle V of
the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but
are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govem the
performance of its officers, employees or agents engaged in the award and administration of
Agreements supported by Federal funds:
b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the
award, or administration of, a Agreement supported by Federal funds if a conflict of interest
real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or responsibilities with
respect to CDBG-assisted activities, or who are in a position to participate in a decision-
making process or gain inside information with regard to such activities, may obtain a financial
interest in any Agreement, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1 ) year thereafter. For purposes of
this paragraph, a "covered person" includes any person who is an employee, agent consultant,
officer, or elected or appointed official of the Grantee, the Subrecipient or any designated
public agency.
5. LobbvinQ
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal Agreement, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
15
and the extension, continuation, renewal, amendment, or modification of any Federal
Agreement, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal Agreement grant loan, or cooperative agreement it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
c. It will require that the language of paragraph (d) of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements
under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly.
d. Lobbvina Certification
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
6. Coovriaht
If this Agreement results in any copyrightable material or inventions, the Grantee and/or grantor agency
reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise
use and to authorize others to use, the work or materials for govemmental purposes.
7. Refiaious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently
religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization.
ARTICLE IX: ENVIRONMENTAL CONDITIONS
A Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement
Clean Air Act, 42 U.S.C., 7401, etseq.;
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to
inspection, monitoring, entry, reports, and information, as well as other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the
Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for acquisition or construction
16
purposes (including rehabilitation).
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided
under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR
Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners and tenants of properties constructed prior to 1978 be properly notified that such properties
may include lead-based paint Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead"-based paint poisoning and the
advisability and availability of blood lead level screening for children under seven. The notice should also point out
that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further
require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment,
treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply
to the performance of this agreement
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or
local historic property list
ARTICLE X:
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby
and all other parts of this Agreement shall nevertheless be in full force and effect.
ARTICLE XI: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and
shall not limit or otherwise affect the terms of this Agreement
ARTICLE XII: WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to
subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or proviSion shall not
constitute a waiver of such right or provision.
ARTICLE XIII: ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds
received under this Agreement and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this
Agreement
~~~
Chester A. Wheeler, III
Director AHCDD
--'"
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
SEAL
By: C1Zcer?{,~
David S&openhaver
As its Mayor
L~ . oOrieF ,.J:., " .:;:
Cler~~~fGenrO ..r' J ~/Y
\~'.\ i;il "r/":; ~;i' 4;/
I( C,~, <Jttl!:"",- ,"1t<. ~'X>fij ,~'i~1'
'1"~_ "~~.t4~~f"" "t\~.... ..(,P"
~:h '~1S0,};',;fli>'''li~?~
., '.i~";j~~~~:~~~e:~~'"
L~
ATTEST:
SEA L,
BY:
THE ART FACTORY. INC.
(Subrecipient)
!1..;/J cX'. ()'~
~dY K. O'Brien
As its Executive Director
Q~~-
Ron Harrison
Mi2;2~~L
7
17
Communication Arts
Education Services
45 and (above) individuals
300 persons
EXHIBIT "An
SCOPE OF SERVICES AND TIMETABLE
The Subrecipient will be responsible for administering the Communication Arts Education Services in a
manner satisfactory to the Grantee and consistent with any standards required as a condition of providing
these funds. Such program will include the following activities eligible under the Community Development
Block Grant Program:
I. SCOPE OF SERVICES
A. Activities
The Art Factory will provide tuition scholarships for low and moderate income persons.
Program Delivery
Subrecipient will provide tuition scholarships to 745 low to moderate income persons. After-school classes
will be held Monday - Friday between 4:00 pm and 6:00 pm at 1510 Johns Road. In-school classes will be
held at Lamar Elementary between 12:30 pm and 3:45 pm at 970 Baker Avenue for approximately 16
weeks. In-school classes at Milledge Elementary will be held between 10:00 am and 2:00 pm Monday -
Friday at 510 Eve Street for approximately 16 weeks. The Family Art Workshops for Hope House are held
once month on Saturday for two hours at the Art Factory 1510 Johns Road.
General Administration
The Board of Directors manages the Subrecipient, Cindy K. O'Brien, the Executive Director, manages the
Agency's finance and Community Arts Education Services programs.
B. National Obiectives
The Subrecipient certifies that the activity carried out under this Agreement will meet the National
Objective: Benefit low-and moderate-income persons.
This activity is a limited clientele activity. Subrecipient will provide tuition scholarships in fine arts
during after-school and summer camp programs for low income individuals. The client files will be
documented as LMI persons.
C. LEVELS OF ACCOMPLISHMENT - Goals and Performance Measures
The Subrecipient agrees to provide the following levels of program services:
Activi
Units er Month
Total UnitslYear
D. Staffinq
Cindy K. O'Brien, Executive Director, responsible for operation of program activities - 30 hours per week
Michael Swan, Program Manager, responsible for managing and facilitating all programs - 15 hours per
week
Veronique Thurmond, Officer Manager, responsible for all administrative duties - 30 hours per week
18
I~
MateriaSSu~
TOTAL
L.ile IIem
-I
$12,500
~1~,~
E. Performance Monitorino
The Subrecipient agrees that the Department may carry out periodic monitoring activities as
determined necessary by the Department. At a minimum, monitoring shall occur annually, and it may
occur more frequently if the Department deems it necessary. The Department will provide the
Subrecipient with advance notice in writing prior to any monitoring activities. Such monitoring shall
consist of evaluating the Subrecipient's compliance with the terms and conditions of this Agreement,
and comparing the Subrecipient's projected Project schedule, budget and output with its actual
performance. Upon request, the Subrecipient shall furnish the Department, the Grantee, or its
designee copies of such records and information as the Department or the Grantee deems
necessary. In addition, the Subrecipient shall submit monthly progress reports as required by this
Agreement, and shall prepare such other reports as may be required by the Department, the Grantee
and/or HUD.
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards as stated above. Substandard performance as determined by the Grantee will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not taken
by the Subrecipient within a reasonable period of time after being notified by the Grantee, Agreement
suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on January 1, 2008 and end on December 31, 2008. The
term of this Agreement and the provisions herein shall be extended to cover any additional time
period during which the Subrecipient remains in control of CDBG funds or other CDBG assets,
including program income.
III. BUDGET
Any amendments to the budget must be in writing and approved by the Grantee's Director of Housing and
Community Development Department
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement
shall not exceed $15.000. Draw downs for the payment of eligible expenses shall be made against the line
item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general
administration shall also be paid against the line item budgets specified in Paragraph III and in accordance
with performance.
Payments may be contingent upon certification of the Subrecipient's financial management system in
accordance with the standards specified in 24 CFR 84.21.
Subrecipient is also responsible for submitting to the Grantee, monthly progress reports, time sheets (if
applicable), mileage (if applicable), invoices and any other documentation deemed necessary by the
monitoring official during the funding cycle. These records shall be retained up to five (5) years after the
Agreement expires.
19
20
EXHIBIT "B"
PROGRAM REQUIREMENTS
Subrecipient shall operate this project funded through the City's Community Development Block Grant
Program according to the following guidelines:
1. Accounting and related records of Subrecipient shall comprise the following as a minimum:
a. Voucher System - All supporting documentation, such as purchase order, invoices,
receiving reports and requisitions.
b. Books of Original Entry - Cash receipts and disbursements journal, general ledger.
c. Chart of Accounts - Listing of accounts must be maintained in the accounting system.
d. Personnel Records - Separate personnel file shall be maintained for each project employee.
As a minimum, the file shall contain a resume of the employee, a description of duties
assigned, and a record of the date employed, rate of pay at the time of employment,
subsequent pay adjustments, and documentation supporting leave taken by the employee.
e. Attendance Record - Attendance records shall be maintained for all personnel paid with
CDBG funds. This applies to part-time as well as full-time personnel. In addition to
accounting for daily attendance, the type of leave taken (annual, sick, or other), shall be
disclosed. Daily attendance records must support budgetary changes for payroll purposes.
f. Payroll Records - Formal payroll records supporting cash disbursements to employees shall
be maintained. Such records shall disclose each employee's name, job title, social security
number, date hired, rate of pay, and all required deductions for tax purposes. Timely
quarterly payment of taxes withheld from employees for the Federal Government, along with
required matching costs, are required. In addition, all charges for payroll purposes shall be in
accordance with the budget submitted to the Grantee.
g. Checking Accounts - Monthly bank reconciliation shall be conducted by Subrecipient. All.
cheeks, stubs, etc. shall be prenumbered and accounted for, including voided checks. Check
stubs, cancelled checks, and deposit slips must be readily available for audit purposes.
h. Petty Cash - Subrecipient is encouraged to use an imprest system and adhere to a monthly,
or if necessary, more frequent reimbursement procedure if any CDBG funds are used as
petty cash.
i. Purchasing Practices - HUD considers State-purchasing regulations to be an acceptable
standard for purchasing practices. Local purchasing practices and other procedures shall
prevail unless State and/or Federal practices and procedures are more stringent. Therefore,
Subrecipient is obligated to conform to the more restrictive practices and procedures. It is
recommended that Subrecipient use a formal prenumbered purchase order system where
possible and applicable.
j. Inventories - Subrecipient is advised to maintain adequate safeguards against loss by theft or
physical deterioration of any inventories of office supplies, equipment, or other items
purchased with CDBG funds.
k. Property Records - Subrecipient is required to maintain formal subsidiary records to control
all project property and equipment. Such records shall disclose the acquisition and
subsequent disposition.of all property. An annual inventory should be conducted, and the
books shall reflect the actual value of property on hand at the end of the fiscal year.
REPORT
DUE
PERIOD COVERED
.
. 0
2. All project accounting records and supporting documents shall be maintained for a period of at least
five (5) years after termination of the Grantee's award. The records shall be made available to the
Grantee, HUD and/or any of their authorized representatives.
3. Subrecipient should maintain records in an orderly manner, with separate identification for different
federal time periods. Records must be protected from fire or other perils, and if stored in a location
other than the project site, shall be readily accessible to the Grantee's staff, HUD officials and others
who may be authorized to examine such records.
EXHIBIT "C"
REPORT SCHEDULE
Monthl Pro ress Report
15th da of each month
Annual Performance Re ort
Audit
21