HomeMy WebLinkAbout100 Black Men of Augusta Inc.
Augusta Richmond GA
DOCUMENT NAME: IDD BlaCk. Her> op AU~US+CLI -l....X'\c.
DOCUMENT TYPE: LOVrfmif
YEAR: 1-D 00
BOX NUMBER: q
FILE NUMBER: I 4 5/1
NUMBER OF PAGES:
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
100 BLACK MEN OF AUGUSTA, INC.
FOR
THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1st day of January, 2000, 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 100 BLACK MEN OF AUGUSTA, INC. (hereinafter referred to as the
"Subrecipient").
WHEREAS, the Grantee has received a Community Development Block Grant from the United
States Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (42 USC 5301 et seq.) (the Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain programs and services
necessary for the planning, implementation and execution of such a Community Development
Block 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 Community Development
Block 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:
"AFTER SCHOOL TUTORIAL PROGRAM"
The Subrecipient will deliver competent educational support to participating youths during the
school will by providing tutorial services after school to approximately 150 low/moderate income
youth.
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 8, and incorporated herein by
reference.
2. TERMS; TERMINATION
a. The services of the Subrecipient are to commence on January 1, 2000, 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, 2000, or until this Agreement is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work delivery
required hereunder, from time to time, either in whole or in part, whenever the
Commission, on recommendation from the Director of Housing and Neighborhood
Development Department (HND), shall determine that such termination is in the
Grantee's best interest. Termination, in whole or in part, shall be effected by delivery of a
I'
Notice of Termination signed by the Mayor, mailed or delivered to Subrcecipient, 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 sited 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 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-110). "
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:
i.
ii.
iii.
Clint L. Bryant
Ronald L. Mangum
Hawthorne Welcher
President
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 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 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 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 Subrecipient shall be paid a total consideration of $18,426 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 payments 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 an
executed budget document 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 obligation
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 request 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 Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Slack 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 the National Environmental Policy Act of 1969 (and
the implementing regulation at 24 CFR 58), the National Historic Preservation Act of 1966 as
amended (16 USC 470), section 504 of the Rehabilitation Act of 1973 (20 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 5703609, 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
persons as defined in the program regulations. The Subrecipient agrees to maintain
documentation that demonstrates that the activities carried out with funds meets the
aforementioned national objective.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and CFR 570.610, including:
If the Subrecipient is not a government agency, OMS Circular A-122, "Cost Principles for Non-
Profit Organizations,. OMS Circular A-133, "Audits of Institutions of Higher Education and Other
Non-Profit Institutions,. and Circular A-11 0, as specified at 24 CFR 570.502(b).
Subrrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is' anticipated
to be $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or part with
CDBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
$25.000 will be used to meet one of the national objectives in 9570.208 until five years after
expiration of this Contract, or for such longer period of time as determined to be appropriate by
the Grantee.
11. 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.
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 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
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 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 and successors as named insured, as their interests may appear, and shall
be issued by an 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 insured. 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 contact 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 available under this
contract.
16. OPEN MEETING LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 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 Grantees
shall not be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30
days after each meeting.
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.
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 racial, ethnic, gender, head of household, household
income, and household size data showing the extent to which these categories of
persons have participated in, or benefited from the project, and to submit this information
to the Grantee within 30 days after December 31, 2000.
C. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 507.506, and that are pertinent to the activities to be funded under this
contract. Such records shall include but are not limited to the items listed below:
i. Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDSG Program;
Hi. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMS
Circular A-133; and
v. Other records necessary to document compliance with Subpart K of 24
CFR 570.
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
OMS Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial reports to the Grantee.
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.
E. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained fora period of not less than 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
CFR 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, it its program involves housing, agrees to affirmatively further housing.
H. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that it 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 financial interest, direct or indirect, in any contract or
subcontract, or the 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
of bylaw against entering into this Agreement.
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. 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 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 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 this nondiscrimination
clause.
(2) The Subrecipient will, in all solicitations or advertisements for employees place
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 12086, copies of which are on file and available at the
Grantee, and 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 by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, 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
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, as amended, and
such other sanctions maybe 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 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 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 ground 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 Community Development Block 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.
b.
Provide any facilities, services, financial aid, or other benefits, which are difference, 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 or
process related to receipt of any service or benefit under the program or activity.
d.
Restrict in any way access too, 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 enterprise 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 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
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 Subrecipient utilized the bidding procedure to let a bid, the
invitation or solicitations for bids shall advise prospective contractors of the requirements of
Section 3 of the 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
contract 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 or 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 provision which govem the payment of wages and the ratio of apprentices
and trainees to journey workers. Under the terms of the Davis-Bacon Act, as amended, the
Subrecipient is required to pay all laborers and mechanics employed on construction work wages
at rates not less than those prevailing on similar construction work wages at rates not less than
those prevailing on similar construction in the locality as determined by the Secretary of Labor,
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 these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland U Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations 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 (PL
93-234). 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.
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.
J. Special Assessments
Subrecipients 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).
K.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 Community Development Block Grant
Funded Activities" and the Grantee's Community Development Block Grant Program Residential
Anti-displacement and Relocation Assistance Plan." The Subrecipient will conduct any
acquisition, rehabilitation, or demolition, of 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. 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 or permanent
displacement of any person or business as a result of Community Development Block Grant
Activities, it shall comply with the Grantee's "Plan to Assist Persons Actually Displaced by
Community Development Block Grant Activities," and Subrecipient shall provide all notices,
advisory assistance, relocation benefits, and replacement dwelling units as required by the
Uniform Relocation Assistance Real Property Acquisition Policies Act of 1970, as amended,
Section 104(d) of the Act, and the implementing regulation 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 provisions of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to
this Agreement.
M. Lobbying Restrictions
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 Grant, the,
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal 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, 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 accordingly.
This certification is a material representative 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, United States Code. Any
person 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 deemed to be inserted herein and the 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 conCUrfence from the State Historic Preservation Officer for 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 provide the scope of
services in accordance with the schedules set forth in Appendix B.
,
'\
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above.
ATTEST:
AUGUSTA. GEORGIA
(Grantee)
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ATTEST:
100 BLACK MEN OF AUGUSTA. INC.
(Subrecipient)
SEAL
By:
C~ yS
Clint Bryant 0-
As its President
----
------
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Herb O'Conner
As its Corporate Secretary
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(Plain Witness)
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APPENDIX A
Proiect Area
The project location is Tubman Middle School, 1740 Walton Way, Augusta, Georgia 30904.
APPENDIX B
Goals, Obiectives, and Tasks
100 Black Men of Augusta, Inc. provided direct means of delivering highly competent
educational support to participating youths during the school week in partnership with a local
middle school. Academic instruction is provided and facilitated in a manner to enhance student
performance and abilities on standardized tests in math, reading, comprehension, science, and
social studies. Subrecipient will operate an after school tutorial program one hour per day, four
days per week, for a ten-month period during year 2000.
During the period beginning January 1, 2000 and ending December 31, 2000, the Subrecipient
will assist 150 low-income person. The Subrecipient shall maintain records documenting
residents as lower-income, according to the standards of the U. S. Department of Housing and
Urban Development. Files for each student shall contain, but is not restricted to, income date,
income verification, application for services, record of services provided, fees charged for
services, time and attendance records and student's progress evaluations. For each instructor,
time and attendance records shall be maintained and submitted with each request for payment.
A schedule for completion of this activity shall be submitted to Grantee within 15 days after the
execution of this agreement.
APPENDIX C
Budaet
SALARIES:
Math Instructor
Science Instructor
Social Studies Instructor
Music/Art Instructor
Reading Instructor
Computer Instructor
Program Coordinator
Administrative Assistant
Building Custodian
Total
APPENDIX D
Reportina Reauirements
$ 2,400
$ 2,400
$ 2,400
$ 2,400
$ 2,400
$ 2,400
$ 2,146
$ 1,000
$ 880
$18,426
1. Monthly Statistical
Due each month by the 15th for the previous month
2. Quarterly Progress Reports
Due April 15, 2000; July 15,2000; October 15,2000; and January 15, 2001
4. Audit Report/Financial Report
3. Annual Program Report - Due January 30, 2001
;
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ATTACHMENTS
1. Community Development Slack Grant Entitlement Program 24 CFR 570
2. OMS Circular A-122
"Cost Principles for Non-Profit Organizations"
3. oMs Circular A-110
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-
Profit Organizations"
4. OMS Circular A-133
"Audits of Institutions of Higher Education and Other Non-Profit Institutions"
5. Augusta-Richmond County Procurement Policy
6. CDSG Income Verification Form
7. Reimbursement Request
8. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Report
11. Time Sheets