HomeMy WebLinkAbout2000 Community Development Block Grant Program
Augusta Richmond GA
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA
AND THE CSRA, GEORGIA, INC.
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of Januarv, 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 SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA AND THE
CSRA, GEORGIA, 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 fO,lIows:
1. SCOPE OF SERVICE
The Subrecipient shall perform all the necessary services provided under this Contract in
accordance with and respecting the "Senior Citizens Transportation Program." The
Subrecipient shall administer a Nutrition Services program for the elderly, This program
provides congregate and home-delivered meals to elderly persons through a network of
sponsoring agencies at Senior Centers throughout the CSRA. Assistance is being provided to
operate vans to transport the elderly to Savannah Place, Belle Terrace, McBean, and
Hephzibah/Blythe Senior Centers to eat noonday meals and participate in activities at the
centers.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, .objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERM; 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. However, the obligations of Subrecipient
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under Section 9 (Program Income) shall continue for any additional time period
during which Subrecipient may receive or remain in controi of program income
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
and Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part,
shall be effected by delivery of a Notice of Termination signed by the Mayor,
mailed or delivered to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation,.for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income 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
OMS 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
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(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. Ronald W. Schoeffler, Executive Director
ii. Roberta Reinert, Program Director
iii. Rosalind Culbreath-Jenkins, Transportation Services Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination
of employment. Subrecipient shall notify the Grantee Director of HND within five
(5) calendar days after the occurrence of any of these events and provide ttie
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 this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this .Agreement is found by a court of competent jurisdiction to be void .
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement, .
which shall continue in full force and.effect.
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7. COMPENSATION.
The Subrecipient shall be paid a total consideration of $ 27.530 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 and 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.
Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
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Requests for payments must be received by Grantee not later than the 15 day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has been
paid by another source of revenue.. .
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements
of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and
other regulations governing the Community Development Block 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.
Any unused funds remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of. 1969 (and the implementing -regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 ofthe Rehabilitation
Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24 CFR146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the. prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations. .
. The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefiting low and moderate income persons as a
public service limited clientele activity.
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Subrecipient agrees to'comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including 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 0 to OMS Circular A-11 O.
SUbrecipient 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.?04) derived from the project is
anticipated to be approximately $0).
1 o. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
CDSG 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 a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
'If applicable, 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 ~II claims in.any way
related to or arising out of Subrecipient's. performance of its obligations hereun~er 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 insureds, as their interests may
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. 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 insureds. No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
15 days advance written notice to Grantee. All insurance policies required hereunder, or copies
thereof, shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS 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
Grantee 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 by January
30, 2001.
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. Only one amendment. to said agreement shall be allowed (juring the program
year. .
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients'. statistical reports,
quarterly progress reports, financial reports and any other reports that may be specified
in Appendix D.
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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 by January 30, 2001.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMBCircular
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 transas;tions so that all.
expenditures may be properly audited. If the Subrecipient receives $300,000 or more in
combined federal assistance, it agrees to obtain an audit conducted in accordance with
OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial reports to the Grantee. If Subrecipient do not prepare
financial statements on a monthly or quarterly basis, a detailed list of cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or documents related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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.
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f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair
housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that it will establish and adopt safeguards to
prohibit members, officers, and employees from using positions for a purpose that is or
gives the appearariceof 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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article .of incorporation
or 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. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employ~r-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed. at all times an independent contractor and shall be wholly
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responsible for time, means and manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as' they relate to the services provided during the course and
scope of their employment: . .
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of all non-
expendable personal property. as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions (iii) through (vii) are applicable to all non-exempt
construCtion contracts and subcontracts which exceed $10,000:
(i) 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, h~mdicap, disability,
sexual orientation, ancestry, or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates
of payor other forms of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, religion, sex, age, handicap, disabiiity, sexual orientation,
ancestry, national origin, marital status, or any other basis prohibited by
applicable law. .
(iii) 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.
(iv) The Subrecipient will. comply ~ith all provisions of Executive Order 11246,
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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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
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.
(vi) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said rules,
regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for. further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipientwill include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii)
in every subcontract or purchase order unless ex~mpted by rules,
regulations, .or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by HUD, the Subrecipient may
request the United States to enter into such litigation to protect the
interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed
by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602)
issued pursuant to Section 109, no person in the United States shall on the
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.
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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 ori19ntation, ancestry,
national origin, marital status, familial status, age, handicap, disability, sex or
other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. 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.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid or other benefits under the program or activity.
v. 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 mu~t meet in order to
be provided any facilities, services, or other benefit provided under the
program or activity.
vi. Deny any person with the legal right to work an opportunity to participate
in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
. The Subrecipient will use its best efforts to afford minority and. women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise," means a
business at least fifty-one (51 %) owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or written representations by Subrecipients regarding their status
as minority and female business enterprises in lieu of an 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
extent feasible, opportunities for training and employment be given to lower .incomeresidents of
the project area, and contraCts for work in connection with the project be awarded to business
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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 utilizes the bidding procedure to let a bid, the
invitation or solicitation for bids shall advise prospective contractors of the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause
shall be inserted as a component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the
sc;>licitation 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, 42USC
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 provisions which govern the payment of wages and the ratio of
apprentices and trainees to joumeyworkers. 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 r:lot 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 "Anti-Kickback" Act. Provided that if wage rates higher than those
required under the regulations are imposed by State or Local laws, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher
rates. -
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
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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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole
cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
. owners, prospective owners, and tenants of properties constructed prior to. 1978 be properly
notified that such properties may contain lead-based paint. Such notification .shall point out the
hazards of lead-based paint and explain the symptoms, treatment, and precautions that should
be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Act or with amounts resulting from
a guarantee under Section 108 of the Act by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless: (1)
funds received under Section 106 of the Act are used to pay the proportion of such fees or .
assessment that relates to the capital costs of such public improvements that are financed from
revenue sources other than under Title I of the Act, or (2) for purposes of assessing any amount
against properties owned and occupied bypetsons 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).
I. 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 D~velopment Block Grant Program.
13
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 of persons or businesses. If Subrecipient
causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for relocation
benefits or the provision of rep'lacement 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
perso,n 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 maki.ng 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, an officer or employee of Congress, or employee of a Member of Congress, in
connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Subl)1ission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
14
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
for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for
Protection of Historic properties,. insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a.This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall proyide the scope of
services in accordance with the schedule set forth in Appendix .B. .
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above. -
SENIOR CITIZENS COUNCIL OF GREATER AUGUSTA
ANDTHECSRA~~
MW'. ,
Ronald W. Schoeffler
As its Executive Director
ATTEST:
SEAL
ATTEST:
SEAL
~~~ ~~~~\(~,
Hester S. Bliven
As its Cor rate Secretary
ufJ.
G})
By:
r-,111J
y
By:
16
STA GEORGIA
ran ee)
APPENDIX A
Proiect Area
The main office of the agency is located at 535 15th Stree~, Augusta, Georgia. Seniors will be
transported to the following facilities:
Savannah Senior Center, 1014 Eleventh Street, Augusta, Georgia
Bell Terrace Senior Center, 2456 Golden Camp Road, Augusta, Georgia
McBean Senior Center, Highway 56, McBean, Georgia
Hephzibah/Blythe Senior Center, 368 Windsor Springs Road, Hephzibah, Georgia
APPENDIX B
Goals. Obiectives. and Tasks
The mission of the Subrecipient is to develop and maintain a diversity of quality services that
promote the essential interests of senior adults and their families; therefore, enhancing their
quality of life. The goals are to maintain and strengthen independent living through nutrition and
transportation services that prevent premature or unnecessary institutionalization; to steadily
increase the quality of educational, social, cultural, nutritional, recreational, preventative, and
limited medical programs/services that promote physical, financial, and mental health; to
advocate for the rights and interests of senior adults; to promote senior adults as a vital
resource of the community and to maintain and expand the base of financial support for
providing services to senior adults and their families in the CSRA.
The objective of the Senior Citizens Transportation Services Program is to provide 85 low and
.moderate income elderly persons with transportation to and from the designated Senior
Centers. Also, transportation services shall include delivery of meals to home-bound seniors
who are physically unable to travel.
For Belle Terrace Senior Center Program - This center operates 250 days per year serving 40
Congregate Meals participants and 46 Home-Delivered meals participants. One van will
operate 8 hours per day to transport seniors to the center to eat noonday. meals and to
participate in activities.
For Hephzibah/Blythe & McBean Senior Centers - Two vans will operate 8 hours per day each
to transport seniors to the center to eat noonday meals and to participate in activities. 45
Congregate Meals and 27 Home-Delivered meals are served. .
For Savannah Place Senior Center - 35 Congregate Meals and 10 Home-Delivered meals are
served.
Community Development Block Grant funds will be used for salary of drivers, fringe benefits,
van maintenance, gas, insurance and indirect costs.
The Subrecipient shall maintain monthly. mileage/gas log, monthly maintenance/repair log,
monthly trip/participants' logs and time sheets for drivers. Files for each person assisted shall
be maintained to include income data and verification, application for services, record of
services provided and documentation of costs for which assistance is provided, if any.
17
, .\.
, .
All services shall be provided for the period beginning J~nuary 1, 2000 and completed by
December 31, 2000. A schedule for completion of this activity shall be submitted to Grantee
within 15 days after execution of this agreement. The schedule shall be in sufficient detail for
Grantee to monitor the performance of this agreement.
APPENDIX C
Budaet
Salary
Fringe Benefits
Maintenance (Vans)
Gasoline
Insurance
Indirect Cost
Total
18,000
1,000
2,000
5,000
1,000
530
$27,530
APPENDIX D
Reportina Reauirements
The Subrecipient shall submit to the Grantee the following reports for, the term of this
agreement:
1. Monthly Statistical Reports
th
Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Performance Report
4. Audit Report .
18
'"....... "
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CF 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB 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. CDBG Income Verification
7. Reimbursement Request
8. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Progress
11 . Time Sheet
12. Mileage/Gas Log
13. Maintenance/Repair Log
14. Trip/Client Log
19
."
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
SAFE .HOMES OF AUGUSTA
FOR
THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1st day of Januarv, 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 SAFE HOMES OF AUGUSTA (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:
"EMERGENCY ASSISTANCE TO ABUSED WOMEN"
Safe Homes of Augusta provided emergency shelter and comprehensive services to victims of
domestic violence and their dependent children. The overall goal of the agency is to provide
comprehensive services to victims of domestic violence by seeking to provide victims of domestic
violence by seeking to provide victims with tools to move to independence and maintain safety for
themselves and their children.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the
Grantee, the goals, objectives, and tasks s~t forth in Appendix B, 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
~:
Notice of Termination signed by the Mayor, mailed or delivered to Subrcecipient, and
specifically !:!etting 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 t~e 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 OMS 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.
Nancy Nelson
Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination
. of employment. Subrecipient shall notify the Grantee Director of HND within five
(5) calendar days after t~e 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
2
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
Gonstitute 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 whit:;h 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 $10,737 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 spec::ifying 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 3D-day turnaround period by Grantee.
Requests for payments must be ,received by Grantee not later than the 15th day of each calendar
month for work performed during the preceding calendar month.
The Subrecipient shall not claim reimbursement from the Grantee for that portion of its 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.
3
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with th.e requirements of
the Housing and Community Development ACt of 1974 (as amended), 24 CFR Part 570 and other
regulations governing the Community Development Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this Agreement. A
cqpy 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, OMB 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 AS.SETS
Any real property under the Subrecipient'scontrol acquired or improved in whole or part with
COBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
~25,OOO will be used to meet one of the national objectives in. 3570.208 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). .
4
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 pre,widing 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 submittea 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 p'art.
5
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;
iii. 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 for a 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
6
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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to
enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
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.
7
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
fHderally 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
8
Executive Order 11246 of September 24, 1965, as amended, or as otherwise
provided by. law.
(7) The Subrecipient will include the portion of the 'sentenceimmeoiately 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 ~ubcontract 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 b~comes 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 protectthe 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 ofHUD (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, !?ervices, 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.
9
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 24CFR 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 busine.ss enterprises fOLa 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 govern 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,
10
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 "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.S100,OOO)
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 AO CFR Part 15, as
amended from time t9 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 mod~rate 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
11
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 subawardsat 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.
12
In general, this requires concurrence 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.
13
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above.
ATTEST:
SEAL
{If!
By'
or
U-C0
~~
Clerk of Commission
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
~
SAFE HOMES OF AUGUSTA, INC.
(Subrecipient)
S E ,l\ L
By:
G-'6.\}i \
14
Vanessa W. Wingfie
As itsaE3ti8'& Director
APPENDIX A
Proiect Area
The project location is 1867 Central Avenue, Augusta, Georgia 30904:
APPENDIX B
Goals. Obiectives. and Tasks
Safe Homes of Augusta provided emergency shelter and comprehensive services to victims of
domestic violence and their dependent children. The overall goal of the agency is to provide
comprehensive services to victims of domestic violence by seeking to provide victims with tools to
move to independence and maintain safety for themselves and their children.
Community Development Block Grant (CDBG) Funds will be used to assist approximately 1100
low and moderate income battered women and their dependent children with rental assistance
and furniture. The other funds will be used to assist the shelter with a rental subsidy to maintain
their daily operation. .
During the period beginning January 1, 2000 and ending December 31, 2000, the Subrecipient
will assist 1100 low income persons. 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. client shall contain, but is not restricted to, income data,
income verification, application for services, record of services provided, fees charged for
services, time and attendance records and students progress evaluation.
A schedule for completion of this activity shall be submitted to Grantee within 15 days after the
execution of this agreement. The schedule shall be in sufficient detail for Grantee to monitor the
performance of this agreement.
APPENDIX C
BudQet
Rent
Furniture
Rental Assistance
Total
$ 3,000
$ 4,737
$ 3,000
$10,737
APPENDIX 0
ReportinQ Requirements
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
3. Annual Program Report - Due January 30, .2001
4. Audit Report/Financial Report
15
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24. CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-110
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-
Profit Organizations"
4. OMB Circular A-133
"Audits of Institutions of Higher Education and Other Non-Profit Institutions"
5. Augusta-Richmond County Procurement Policy .
6. CDBG Income Verification Form
7. Reimbursement Request
8. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Report
11. Time Sheets
16
'oct
- "
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
COMMUNITIES IN SCHOOLS OF AUGUSTA-RICHMOND COUNTY, INC.
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ 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 COMMUNITIES IN SCHOOLS OF AUGUSTA-RICHMOND COUNTY, 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 desiresto engage the Subrecipientto 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 respecti,ng the following project:
"America Reads Program"
The purpose of the program is to assure that every student that completes the third grade
of education attains reading skills to become a competent reader.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined
by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein
by reference. .
2. TERM; TERMINATION
a. The services of the S!Jbrecipient 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 or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
term ination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All reports
or accountings provided for herein shall be rendered whether or not falling due
within the contract period. . .
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income 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
OMS 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;
2
(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. Josalyn S. Gregory, Executive Director
ii. Mary Crawford, Program Director
b. During the period of performance, Subrecipient shall makeno substitutes of key
personnel unless thesubstitution 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
this contract for which the Subrecipient may be held in default.
3
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 27.530 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
supp.orting documentation has been submitted in conformity with the approved and 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. Clients' eligibility data shall be included with
said reimbursement request.
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 15 day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
emp~wered to file requests for payment pursuant to this Agreement. .
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and other
.regulations governing the Community Development Block 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. Any unused funds remaining at the expiration.
of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act -
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8),the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and Executive Orders 11063, 11246, 11375, 12086, and 12259.
4
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
. development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried out
with funds meets the national objective of benefiting low and moderate income persons as a public
service limited clientele activity. .
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including 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 OMS Cjrcular A":110.
Subrecipient 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 approximately $0).
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
CDSG 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 ur)til 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 a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, Subrecipient shall obtain prior written approval from the Grantee for any travel outside
the metropolita.n 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 Gral"!tee 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,.occqrring 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.
5
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 insureds, 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 insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided .
to Grantee by Subrecipient. .
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS 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 an.y special called meetings except emergency meetings;
it will post notices of its meetings in a public place at the meeting sites and it will keep a written
agenda, minutes, attendance, and voting record for each meeting and make the same available for
inspections by the press, the public and the Grantee. The press, public and the Grantee shall not
be denied admittance to the Subrecipient's board meetings.
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, eith.er in whole or in part.
6
18. ENTIRE CO~TRACT; 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.
Only one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports, 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 by January 30, 2001.
c. RECORDS TO SE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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;
iii. 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. Otherrecords necessary to document compliance with Subpart K of 24 CFR
570.
Subrecipient agrees to keep all necessary books and records, including property, personnel
andfinancii311 records, in con.nection 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. If Subrecipient do not prepare financial statements on a monthly or quarterly
basis, a detailed list of cash receipts and disbursements should be submitted to Grantee
quarterly.
7
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 for a 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, if its program involves housing, agrees to affirmatively further fair 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 Subrecipientwho 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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf ofthe Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to
enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement and
that there are no restrictions or prohibitions contained in any article of incorporation or bylaw
a~ainst entering into this Agreement.
8
..
j. SECTION 504
The Subrecipient hereby certifies that, in the implementation of projects funded by this
Agreement and in all of its other operations, it will comply with all requirements of Section
504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee ofthe Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and shall maintain an inventory record of ~II 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 (i) and (ii) are applicable to all contracts and subcontracts;
provisions (iii) through (vii) are applicable to all non-exempt construction contracts
and subcontracts which exceed $10,000:
(i) 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, nationa.1 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 !o their race, color,
creed, religion, sex, age, handicap, disability, sexual orientation, ancestry,
or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of
compensation, an~ selection for training including apprenticeship. The
9
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.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, sexual orientation, ancestry, national
origin, marital status, or any other basis prohibited by applicable law.
(iii) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the. Secr~tary of Labor.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pu~suant thereto, and
will permit access to its books, records, and accounts by HUD and the
Secretary of Laborfor purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(vi) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in
every subcontra~t 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 wi!1 take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
10
., .
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed by
or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued
pursuant to Section 109, no person in the United States shall on the grourid 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 .Iaw:
i. Deny any facilities, services, financial aid, or other penefits provided under
the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. 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. .
iv. Restrict in any way access to, or the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services,financial aid or other
benefits under the program or activity.
v. 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.
vi. Deny any person with .the legal right to work an opportunity to participate in
a program or activ!tyas an employee.
11
c. Business and Employment Opportunities for Lower IncolT!e Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As used in
this contract, the term "minority and female business enterprise," means a business at least fifty-one
(51%) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an 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
. extenHeasible, 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 utilizes the bidding. procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipientwill comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d
et seq.) and the Fair Housing Act (42 U5C3601-20). In accordance with Grantee Policy and Title
VI ofthe 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
12
$2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in
whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. 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 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 "Anti-Kickback" Act.
Provided that if wage rates higher than those required under the regulations are imposed by State
or Local laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of Section 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, t/:1e Clean Air Act of
1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the
regulations ofthe 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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under24 CFR Part 35. The Subrecipient, at its sole cost,
will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and
abatement procedures concerning lead-based paint. Such regulations require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly notified that
such properties may contain lead-based paint. Such notification shall point out the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
13
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee under Section 108 of the Act by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the Act are used to pay the proportion of such fees or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than under
Title I of the Act, or (2) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income,.the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply. with the requirements of
subparagraph (1).
I. 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-displacementand 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 involufltary displacement
of persons or businesses. .If Subrecipient causes the involuntary temporary 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 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.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any
and all claims and liabilities for relocation benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
m. Lobbying Restrictions
Subrecipient certifies that, to the best of its knowledge and belief:
No Federal appropriated funds have been paid or will be pai9, 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
14
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission 9f this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each 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 fo~hwith 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 for
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a
Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State 9f 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 schedule set forth in Appendix B.
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
SEAL
JU
.~
(~J
~+I
UGUST A . GEOR-GA
Grantee)
Bo~i.
As its Mayor
ATTEST:
.~
(fr;i rfl/
~..~ .BoDDe~
Clerk of Commission .
ATTEST:
COMMUNITIES IN SC~OOLS OF
AUGUSTA-RICHMOND COUNTY. INC.
(Subrecipicnt)
SEAL
>>:~4 tt ~~
Winnette W. Bradley .
Vice-Chair .
16
APPENDIX A
Proiect Area
The Subrecipient office location is 329 Telfair Street, Augusta, Georgia. The "America Reads
Program" will be undertaken at:
Collins Elementary School, 1321 Steed Street, Augusta, Georgia
Craig Elementary, 400 Hale Street, Augusta, Georgia
Glenn Hills Elementary, 2838 Glenn Hills Drive, Augusta, Georgia
Hornsby Elementary School, 105 Laney-Walker Boulevard, Augusta, Georgia
.. Houghton Elementary School, 333 Greene Street, Augusta, Georgia. .
APPENDIX B
Goals. Obiectives, and Tasks
The "America Reads Program" is the U. S. President's initiative that is targeted to first through third
grade children in elementary school. The objective of the program is to assure that every student
that completes the third grade of education attains reading skills to become a competent reader.
. The program will involve three (3) VISTA volunteers who will recruit other volunteers, assist with
training, schedule and provide support for volunteers who will assist teachers with teaching reading
to students.
The. Subrecipient will use the volunteers to provide tutoring on reading to approximately 575
students at Collins, Craig, Glenn Hills, Hornsby and Houghton Elementary Schools. Due to the
nature of the program and the location of the designated schools, it can be presumed that all
students are from lower-income households according to the Richmond County Board of Education
income eligibility requirements for its free lunch program.
Subrecipient shall maintain files on each student. Each file shall contain,but is not restricted to
income data/verification from Board of Education, application or sign-up sheet, number of books
read and progress/evaluations of each student.
CDBG funds will be used for equipment, supplies, books, computers, copier, travel and staff
development.
The program will start January 1,2000, and end December 31,2000. A schedule for completion
of this activity shall be submitted to' Grantee within 15 days after the execution of this agreement.
The schedule shall be in sufficient detail for Grantee to monitor the performance of this agreement.
In addition to the schedule, Subrecipient shall submit to Grantee a list of all students, list of all
volunteers and a proposed list of volunteer hours.
17
APPENDIX C
Budoet
Equipment (copier)
Computers (2)
Software
Supplies
Program Material
Seminars
Total
$11,600
2,300
1,500
4,580
4,050
3,500
$27,530
APPENDIX D
Reoortino Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports - 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.
3. Annual Performance Report
4. Audit Report
ATTACHMENT #1
Reaulations, Circulars & Local Procurement Policv
1.. Community Development Block GrantEntitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OM B Circular A-11 0
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit 'Organizations"
4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
18 .
1-
" ". ~
. A IT ACHMENT #2
Forms
1. Reimbursement Request
2. Monthly Statistical Report
3. Quarterly Report
4. Annual Report
5. Time Sheet
19
~
~ &-~ It ICI~S1
1G-< ~
1-.
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
CATHOLIC SOCIAL SERVICES
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 Catholic Social Services, (hereinafter referred to
as the "Subrecipient").
WHEREA$, 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:
"Bridge The Gap"
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 a, and
incorporated herein by reference.
2. TERM; 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. However, the obligations of
Subrecipient under Section 9 (Program Income) shall continue for any
-1-
.{.
additional time period during which Subrecipient may receive or remain in
control of program income.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the
Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to Subrecipient, and
specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for the
default of .the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other party. All reports or accountings provided for herein shall be rendered
whether or notfalling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project'is deficient and
that continued support of the project is not providing an adequate
level of services to low income 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 restri~ted.
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 OMS Circular A-110.
(3) Expends funds under this Agreement for ineligible activities, services,
or items;
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"
(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. Mr. Rick Tuchscherer, Executive Director
b. During the period of performance, Subrecipient shall mcke 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,
r~ports, etc., Subrecipient shall be notified in writing and shall have ten (10) working days
from date of issuance of notification to correct the deficiencies and re-submit acceptable
work within said ten-day period. Failure to submit acceptable work within said ten-day
period shall constitute a breach of this contract for which the Subrecipient may be held, in
default.
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,
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be
void or invalid, such invalidity shall not affect the remaining terms and conditions of this
. Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $45,883.00 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 and 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 SUQrecipient 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. Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests for payments must be received by Grantee not later than the 15th day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has
been paid by another source of revenue. '
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Housing and Community Development Act of 1974 (as amended), 24
CFR Part 570 and other regulations governing the Community Development Block 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.
Any unused funds remaining at the expiration of this agreement shall revert to
. Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the
National Environmental Policy Act of 1969 (and. the implementing regulations at 24 CFR 58),
the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations a"t 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
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~
debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375,
12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit I~wer
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
. community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity
carried out with CDSG funds meets the national objective of benefiting low and moderate
income persons as a public service limited clientele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, inCluding:
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 OMS
Circular A-110.
Subrecipient 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 approximately $0. .
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part
with CDSG 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 a indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract
12. TRAVEL.
If applicable, 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).
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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 providillg. insurance coverage requir~d to be maintained by
Subrecipient hereunder shall list Grantee, The Augusta-RichmondCounty Commission and
its Mayor, and their officers; agents, members, employees and successors. as named
insureds, 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 insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipi~nt hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall
be provided to Grantee by Subrecipient. '
..
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall
be prominently labeled as to funding source. In addition, the Subrecipient will include a
reference to the support provided herein all publications made possible with funds made
available under this contract.
16. OPEN MEETINGS 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 th~ press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
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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. Only one amendment to said agreement shall be allowed during the
program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients statistical reports, quarterly
progress reports 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 by January 30, 2001.
c.. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-
133; and
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v. Other records necessary to document compliance with Subpart K of 24 CFR
570.
Subrecipientagrees 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. If Subrecipient do not prepare financial statements on a monthly or quarterly basis,
a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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, if its program involves housing, agrees to affirmatively further fair 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 bya 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,
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either for themselves or those with whom they have family or business ties, for work to be
performed in connection with the program assisted under this Agreement.
I. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as.an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter
into"this Agreement on behalf of said Subrecipient and to bind the same to this Agreement,
and further that said Subrecipient has authority to enter into this Agreement and that there
are no restrictions or prohibitions contained in any article of incorporation or 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.ofthe Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24
CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
,I. PROCUREMENT'
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and subcontracts;
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provisions (iii) through (vii) are applicable to all non-exempt construction contracts and
subcontracts which exceed $10,000:
(i) 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, ancestry, or national origin.
Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination, rates of payor other forms of compensation, and selection for
training including apprenticeship. The Subrecipient agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(iii) The Subrecipient will send to each labor union or repres61tative 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.
(iv) The Subrecipient will comply with all provisions of Executive Order 11246,
Equal Employment Opportunity, of September 24, 1965, as amended by
E.xecutive Orders 11375, and 12086, copies of which are on file and
available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by Executive
Orders 11246 of September 24, 1965, as amel')ded, and 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.
(vi) 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
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and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by.law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor.. The
Subrecipient will. take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigatIon with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development
Act of 1974, and in conformance with Grantee policy and all requirements
imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601
and 570.602).issued pursuant to Section 109, no person in the United States
shall on the ground of race, color, creed, religion, sex, age, handicap,
disability, 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, ancestry,
national ori~in, marital status, familial status, age, handicap, disability, sex
or other basis prohibited by applicable law:
I. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which
are different, or are provided in a different form from that provided to
others under the program or activity.
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iii. . 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.
IV. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
v. Treat ar] 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.
vi. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51%) owned and controlled by minority group members
or women. For the purpose of this definition, "minority group members" are African-
American, Spanish-speaking, Spanish surnamed or written representations by Subrecipients
regarding their status as minority and female business enterprises in lieu of an 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 DevelopmentAct of 1968, (12 use 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greatest extent feasible, opportunities for training and employment be given to lower 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 utilizes-
the bidding procedure to. let a bid; the invitation or solicitation for bids shall advise
prospective contractors of thE;l requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted asa component
part of any contract or subcontract.
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--,::
If a Subrecipient solicits or requests an invitation for bids, every effort feasiblewill be made
to contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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,
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- Subrecipiemt and all subcontractors engaged in contracts
in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building
or work financed in whole or in part with assistance provided under this Agreement are
subject to the federal labor standards provisions which govern the payment of wages and
the ratio of apprentices and trainees to journeyworkers. 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
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 "Anti-Kickback" Act. Provided that if
wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
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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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its
sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection,
testing, and abatement procedures concerning lead-based paint. Such regulations require
that all owners, prospective owners, and tenants of properties constructed prior to 1978 be
properly notified that such properties may contain lead-based paint.. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay the
proportion of SLlch 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 ofHUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1).
I. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipientwill 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-displacementand Relocation Assistance Plan." The Subrecipient
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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 of persons or
businesses. If Subrecipientcauses the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from
and against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection with
activities undertaken pursuant to this Agreement.
m. Lobbying 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, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for
all subawards at all tiers (including subcontractors, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. .
. 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, United States
Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
.;.15-
\
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 for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in CFR, Part 800, Advisory Council of Historic preservation
Procedures for Protection of Historic properties, insofar as they apply to the performance of
this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition 'of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipientshall provide the scope of
services in accordance with the schedule set forth in Appendix B.
-16-
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
SEAL
~~4/&
Le a J. Bonner .
Clerk of Commission
ATTEST:
SEAL
~~M( k~
AS~S==~
d/~/v.
(Plain.Witness)
a? rIISY:
;r~J
l.,.-"
I
I
-17-
AUGUSTA, GEORGIA
(Grantee)
Catholic Social Services
(Subrecipient)
BY?U,.J. /- ~
Mr. Rick Tuchscherer
As its Executive Director
APPENDIX A
Proiect Area
The project is located at 811 12th Street, Augusta, Georgia 30901
APPENDIX B
. Goals. Obiectives, and Tasks
The "Bridge The Gap" program will provide assistance to the homeless, those in danger of
becoming homeless, migrants, and those suffering from a lack of food, clothing, shelter,
medical. and dental care, and transportation because of loss of employment, lack .of
employment, underemployment or below poverty level income. The program provides first
month's rent, rent to avoid eviction, deposits, mortgage payments, emergency shelter to
families in eminent danger of becoming homeless. Food, clothing, utilities, transportation,
medicines, primary health care and counseling are services and items provided to those
named above and paid with CDBG funds. Services will" be provided to 1,340 low income
persons from January 1, 2000, through December 31, 2000.
A schedule for completion of this activity shall be submitted to Grantee within 15 days after
the execution of this agreement. The schedule shall be in sufficient detail for Grantee to
monitor the performance of this agreement.
APPENDIX C
BudQet
Emergency financial assistance in the form offood, clothes, shelter,
medical/dental care and transportation services
$45,883.00
APPENDIX D
ReportinQ Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement. (SEE also contract clause 19 (b) above)
1. Monthly Statistical Reports
Due each month by the 15th for the previous month.
2. Quarterly Progress & Financial Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Progress Report
4. . Audit/Financial Report
5. Subrecipient shall maintain files oneac~ person assisted. Each file shall
contain, but is not restricted to, income data and verification for each person
-18-
assisted, application for services, record of services provided, amount of
services provided, documentation of costs for which assistance is provided,
transportation. log, documentation of medical need regarding prescriptions
and health care, any other document that will provide proof of needed
service(s) and subsequentprovision of such service(s) as allowed under this
contract.
ATTACHMENTS
FOR NON-GOVERNMENTAL AGENCIES:
a. Community Development Block Grant Entitlement Program 24 CFR 570
b. OMB Circular 110
Uniform Administrative. Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations
c. OMB Circular A-122 - Cost Principles for Non-Profit Organizations
d. OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-
Profit Institutions .
e. Augusta-Richmond County Procurement Policy
FORMS
CDBG Income Verification
Reimbursement Request.
Monthly Statistical Reports
Quarterly Program Progress.
Annual Program Progress
-19-
'"
"
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
HALE HOUSE FOUNDATION, INC.
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of January I 2000, by and
between AUGUSTA, GEORGIA, by an9 through the Augusta-Richmond County Commission,
as the Implementor of the Community Development Block Grant Program (hereinafter referred
to as "Grantee"), and HALE HOUSE FOUNDATION, INC., (hereiriafterreferred 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 its "Alcohol . and Substance Abuse Recovery Residence
Program." Housing accommodations and counseling services will be provided to males
recovering from alcohol and substance abuse.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as.
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference. .
2. TERM; 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 or
delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
I
'.
"<
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 Notice of Termination signed by the Mayor,
mailed or delivered to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein. upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) _ Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued. support of the. project is not providing an adequate level of
services to low.income an~ minority people; or
3) Written riotificatio.nfrom 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
OMS Circular A-11 O.
(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 erivironmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
2
~
t.
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Sam H. Sibley, 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 this contract for which the Subrecipient may be held in default.
.6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 22.941 for full performance of the
services specified under this Agre.ement. 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
3
Subrecipient and proper supporting documentation has been ~ubmitted in conformity with the
approved and 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 ofa
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.
Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
.. th
Requests for payments must be received by Grantee not later than the 15 day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has been
paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements
of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and
other regulations governing the Community Development Block 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. Any unused funds
remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation
Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24CFR 146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed .or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefitting low and moderate income persons.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including OMB Circular A-122, "Cost Principles for Non-Profit
Organizations, OMB CircularA-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions," OMB Circular A-11 O.
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
4
'\:.
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in 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 a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, 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 air 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 insureds, 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 insureds. No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
15 days advance written notice to Grantee. All insurance policies required hereunder, or copies
. thereof, shall be provided to Grantee by Subrecipient.
5
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS 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
me'etings; it will post notices of its meetings in a public place at the meeting sites and it will keep
a written agenda, minutes, attendance, and voting record for each meeting and make the same
available for inspections by the press, the public and the Grantee. The press, public and the
Grantee shall not be denied admittance to the Subrecipient's board meetings.
Subrecipient shall provide to the Grantee a tentative annual schedule of the Board of Directors'
meetings. ~ublications 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 ~ssignable 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. Only one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports,
quarterly progress reports, financial reports and any other reports that may be specified
in Appendix D.
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.
6
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 p'rovidinga full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives ofthe CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB 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 Subrecipii3nt receives $300,000 or more in
combined federal assistance, it agrees to obtain an audit conducted in accordance with
OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial reports to the Grantee. If Subrecipient do not prepare
financial statements on a monthly or quarterly basis, a detailed list of' cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or documents related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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.
7
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
g. AFFIRMATIVE ACTION
The Subrecipient. if its program involves housing, agrees to affirmatively further fair
housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that 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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subr~cipient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions .or prohibitions contained in any article of incorporation
or 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 use 794) (and the implementing
regulations at 24 CFR 8)', the Americans with Disabilities Act of 1990 (PL 101-336), and
all- state and local laws requiring physical and program accessibility to people with
disabilities, and agrees to defend,-hold harmless, and indemnify the Grantee from and
against any and all liability for any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an independent contractor and shall be wholly
8
responsible for time, means arid manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as they relate to the services provided during the course and
scope of their employment. .
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the. purchase of equipment and shall maintain an inventory record of all non-
expendable personal property as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following. provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions (iiD through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) 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 er:nployment without
regard to their race, color, creed, religion, sex, age, handicap, disability,
sexual orientation, ancestry, or national origin. Such action shall include,
but not be limited to. the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates
of payor other forms of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to P9stin conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed . by or on' behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race; creed, religion, sex, age, handicap, disability, sexual orientation,
ancestry,' national origin, marital status, or any other basis prohibited by
applicable law.
(iii) 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.
9
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of. Labor.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
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.
(vi) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said rules,
regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor, issued. pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each
subcontractor or . vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by HUD, the Subrecipient may
request the United States to enter into such litigation to protect the
interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed
by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602)
issued pursuant to Section 109, no person in the United States shall on the
ground of race, color, creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, familial status, or any other
10
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:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from th~t provided to others
under the program or activity.
iii. 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.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid or other benefits under the program or activity.
v. 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.
vi. Deny any person with the legal right to work an opportunity to participate
in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise," means a
business at least fifty-one (51 %) owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or written representations by Subrecipients regarding their status
as minority and female business enterprises in lieu of an independent investigation.
11
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
extent feasible, opportunities for training and employment be given to lower income residents of
the project area, and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of
the project. In all solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and employment
of lower income persons. When a Subrecipient utilizes the bidding procedure to let a bid, the
invitation or solicitation for bids shall advise prospective contractors of the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause
shall be inserted as a component part of any contract or subcontract.
If a Subrecipient solicits or _requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
2000d et seq.) and the Fair Housir:lg 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 JJpon 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 provisions which govern the payment of wages and the ratio of
apprentices and trainees to journeyworkers. 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 th~n 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 327-3:32), 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 Copel:and "Anti-Kickback" Act. Provided that if wage rates higher than those
12
required under the regulations are imposed by State or Local laws, nothing hereunderis
intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher
rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as' having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 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 (42USC 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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole
. cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may contain lead-based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment, and precautions that should
be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Act or with amounts resulting from
a guar~ntee 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 ass~ssing any amount
13
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).
I. 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 Displacementof 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 of persons or businesses~ If Subrecipient
causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for relocation
benefits or the provision of replacement dwelling units required by fed~ral statutes and
regulations in connection with activi~ies 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, an officer or employee of Congress, or employee of a Member of Congress, in
. connection with this Federal Contract: grant, loan, or cooperative agreement, it will complete
. and submit Standard Form-LLL; "Disclosure Form to Report Lobbying" in accordance with its
instructions; and . .'
It will require that the language of this paragraph M be included in the award documents for all
. subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
14
This certification is a material represent9tion 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 who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall
be 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
for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800; Advisory Council of Historic preservation Procedures for
Protection of Historic properties, insofar as'they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. . MISCELLANEOUS
a. This Agreement shall be.governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
dlt{&l~
Clerk of Commission
ATTEST:
SEAL
~~~
Bernard J. ulherin - .
. Q its Corporate Secretary _
t1 em d0 b J/)<ItW (N/['
(Plain!W' ~ss)
~
fj'" By
/.
V
16
AUGUSTA. .GEORGIA
(Grantee)
HALE HOUSE FOUNDATION. INC.
(Subrecipient)
By:
~~
..---.... ;-.'
\:....... _~_~r.!1' ..~.~~ '
As its President
APPENDIX A
PROJECT AREA
The project locations are 402,408,412 and 414 Walker Street, Augusta, Georgia.
APPENDIX B
GOALS, OBJECTIVES AND TASKS
The Hale House Foundation operates four (4) houses consisting of 46 beds which provide
housing accommodations and counseling services to males recovering from alcohol and
substance abuse.. The objective of the program is to assist homeless alcoholic and/or
substance abusers to find recovery, a job and to become self-supporting and sober.
Community Development Block Grant funds will be used towards renovation and improvements
to the four (4) transitional houses located at 402,408,412 and 414 Walker Street.
The Grantee shall manage all aspects of the construction to include inspections, work write-ups,
development of plans and specifications, bidding of project, contractor selection and payments
until project completion. Construction is scheduled to be completed by December 31,2000.
During the period beginning January 1, 2000 and ending December 31, 2000, the foundation
will assist 130 low income males with recovery and housing. The Subrecipjent 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 resident shall contain, but is not
restricted to, income data, income verification and application for housing and/or services.
A schedule for completion of this activity shall be submitted to Grantee within 15 days after the
execution of this agreement. The schedule shall be in sufficient detail for Grantee to monitor the
performance of this agreement.
APPENDIX C
BUDGET
Renovation and Improvements
$22,941
17
APPENDIX 0
ReportinQ Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Statistical
th
Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Program Report - Due January 30, 2001
4. Audit Report/Financial Report
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CF 570
2. OMS Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-110
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit Organizations"
4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions"
5. Augusta-Richmond County Procurement Policy
6. CDBG Income Verification
7. Reimbursement Request
8. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Report
18
'i
"
. , ~
COPY
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
TRANSITION CENTERS, INC.
FOR
YEAR 20010 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this -.1.2L 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 TRANSITION CENTERS, 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:
"Bridge To A Brighter Future"
The purpose of the program is to provide transitional housing and rehabilitative services
to low and moderate income males and females recovering from drugs and/or alcohol addiction.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERM; 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 th~t the Grantee may terrt,inate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
and Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part,
shall be effected by. delivery of a Notice of Termination signed by the Mayor,
mailed or delivered to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income 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.
2
i
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Maggie BanKs, 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 this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect. ~
7. COMPENSA TION
The Subrecipient shall be paid a total consideration of $ 18.353 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 b~sis,. only after expenditures have been incurred by the
3
Subrecipient and proper supporting documentation has been submitted in conformity with the
approved and 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.
Clients' eligibility data shall be included with said reimbursement request.
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 15 day of each
calendar month for work performed' during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has been
paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements
of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and
other regulations governing the Community Devel<?pment Block 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. Any unused funds
remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation
Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, :ald in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations. -.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefiting low and moderate income persons as a
public service limited clientele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including OMB Circular A-122, "Cost Principles for Non-Profit
Organizations," OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions," and OMB Circular A-110.
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
4
9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0).
10. REVERSION OF ASSETS .
Any real property under the Subrecipient's control acquired or improved in whole or in 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 a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, 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 insureds, 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 insureds. No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
5
15 days advance written notice to Grantee. All insurance policies.required hereunder, or copies
thereof, shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS 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 orJhe Metro Courier of its
regular board meeting schedule and of any special called meetings except emergency
meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep
a written agenda, minutes, attendance, and voting record for each meeting and make the same
available for inspections by the press, the public and the Grantee. The press, public and the
Grantee shall not be denied admittance to the Subrecipient's board meetings.
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. Only one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports,
quarterly progress reports, financial reports and any other reports that may be specified
in Appendix D. .
b.CLlENT 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 by January 30, 2001.
6
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB 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
exp'enditures may be properly audited. If the Subrecipient receives $300,000 or more in.
combined federal assistance, it agrees to obtain an audit conducted in accordance with
OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial reports to the Grantee. If Subrecipient do not prepare
financial statements on a monthly or 'quarterly basis, a detailed list of cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or documents related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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.
7
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair
housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that 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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
or 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
regulationsat 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and
all state and local laws requiring physical and program accessibility to people with
disabilities, and agrees to defend, hold harmless, and indemnify the Grantee from and
against any and all liability for any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatspever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an independent contractor and shall be wholly
responsible for time, means and. manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as they relate to the services provid~d during the course and
scope of their employment. .
8
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase.of equipment and shall maintain an inventory record of all non-
expendable personal property as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions (iii) through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) 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 of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, religion, sex, age, handicap, disability, sexual orientation,
ancestry, national origin, marital status, or any other basis prohibited by
applicable law.
(iii) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
9
(v) The Subreciplent will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
. 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.
(vi) In the event of the Subrecipient's noncompliance with, the
nondiscrimination clauses of this Contract or with any of the said rules,
regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as. provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by HUD, the Subrecipient may
request the United States to enter into such litigation to protect the
interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed
by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602)
issued pursuant to Section 109, no person in the United States shall on the
ground of race, color, creed, religion, sex, age, handicap, disability, sexual
orientation,ancestry, nationaforigin, 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
fundE~d 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,
10
national origin, marital status, familial status; age, handicap, disability, sex or
other b~sis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. 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.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid or other benefits under the program or activity.
v. 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.
vi. Deny any person with the legal right to work an opportunity to participate
in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise," means a
business at least fifty-one (51 %) owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or written representations by Subrecipients regarding their status
as minority and female business enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the HUD
. regulations issued pursuant thereto. at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of
the project area, and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of
the project. In all solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and employment
of lower income persons. When a Subrecipient utilizes the bidding procedure to let a bid, the
invitation or solicitation. for bids shall advise. prospective contractors of the requirements of
11
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause
shall be inserted as a component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and . women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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 provisions which govern the payment of wages and the ratio of
apprentices and trainees to journeyworkers. 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 thim 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 provisio!1s 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 "Anti-Kickback" Act. Provided that if wage rates higher than those
required under the regulations are imposed by State or Locai laws, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher
rates.
g. Flood Disaster Protection
. This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234).. Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 102(a) of said Act.
h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts
and Subcontracts which exceed $100,000).
12
The Subrecipient shall comply with ~nd require each subcontractor to comply with all applicable
standards of the Clean Air Act of 1910 (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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of resid.ential structures with
assistance provide'd under this Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole
cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and' tenants of properties constructed prior to 1978 be properly
notified that such properties may contain lead-based paint. Such notification shall point out the
hazards of lead-based paint anq explain the symptoms, treatment, and precautions that should
be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Act or with amounts resulting from
a guarantee under Section 108 of the Act by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless: (1)
funds received under Section 1 06 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 I)wned 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).
I. Acquisition, Rehabilitation,_ and Demolition of Real Property and Displacement of
Persons and Businesses
Subrecipient will comply with the "Gral1tee'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
13
temporary or permanent involuntary displacement of persons or businesses. If Subrecipient
causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for relocation
benefits or the provision of replacement dwelling units required by federal statutes and
regulations in conm~ction 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 ~warding 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, an officer or employee of Congress, or employee of a Member of Congress, in
connection with this Federal Cqntract, 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 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, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure. .
n. Provisions Required by Law Deemed Inserted
Each 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
14
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.
-'\0 _
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for
Protection of Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to. the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
15
;-
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
ATTEST:
SEAL
1JJ~h'~. ,~
As its Corporate Secretary
4~
/ ~ -.'
-r4'"
~ (Pain ~
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By:
Q1hw
I
16
AUGUSTA, GEORGIA
(Grantee)
TRANSITION CENTERS. INC.
(Subrecipient)
By:,
o
. .......
APPENDIX A
Proiect Area
The location of the project is 1835 Wrightsboro, Augusta, Georgia.
APPENDIX B
Goals. Obiectives. and Tasks
The purpose of the Transition Center is to provide transitional housing and rehabilitative
services to low and moderate income males and females recovering from drugs and/or alcohol
addiction.
The Subrecipient will operate the "Bridge To The Future Project" to consist of providing clients
with counseling, group therapy, education, job skill training and parenting skills. These services
will be provided to 42 lower income persons, according to the standards of the U.S. Department
of Housing and Urban Development.
Community Development Block Grant funds will be. used for operating expenses of the
transitional house to include payment of rent and utilities, job training and transportation for
residents.
The Subrecipient shall maintain files on each person assisted. Each file shall contain, but is not
restricted to, income data and verification for each person assisted, application for services,
record and description of services provided, fees charged, if any, and progress reports of
clients.
The program will start January 1, 2000, and end December 31,. 2000. A schedule for
completion of this activity shall be submitted to Grantee within 15 days after the execution of this
agreement. The schedule shall be in sufficient detail for Grantee to monitor the performance of
this agreement.
APPENDIX C
Budaet
Rent
Utilities
Van (down payment)
Salary (for job training)
Total
$ 9,000
$ 6,600
$ 1,553
$ 1,200
$18,353
17
;;
APPENDIX D
Reporting Reauirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
th
1. Monthly Statistical Reports - Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Report
4. Audit Report
ATTACHMENT #1
Reaulations. Circulars & Local Procurement Policy
1. Community Development Block 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. OM B Circular A-133, "Audits of I nstitutions of Higher Education and Other Non-
Profit Institutions'"
5. Augusta-Richmond County Procurement Policy
ATTACHMENT #2
Forms
1. Reimbursement Request
2. Monthly Statistical Report
3. Quarterly Report
4. Annual Report
18
'-... .
RECEIVED DEe 2 7 1999
copy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
DELTA HOUSE, INC.
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ 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 DELTA HOUSE, 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 "Computer Tutoring and Art Program" designed to provide
computer assisted training and art skills to low income children in the Laney-Walker
neighborhood.
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. TERM; TERI\IIINA TION
. 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 or
delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
and Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part,
shall be effected by delivery of a Notice of Termination signed by the Mayor,
mailed or delivered to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract- upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because
of project location, serVices provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient. and that
continued support of the project is not providing an adequate level of
services to low income 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-11 O.
(3) Expends funds under this Agreement for ineligible activities, services, or
items; .
(4) Implements the project prior to notification from the Grantee that the
federal environmental review process has been completed;
(5) Violates Labor Standards requirements; or
(6) Fails to comply with written notice from the Grantee of substandard
performance under the terms of this Agreement.
2
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Christine Miller-Betts, Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated .by illness, death, or termination
of employment. Subrecipient shall notify the Grantee Director of HND within five
(5) calendar days after the occurrence of any of these events and provide the
following information, providing a detailed explanation of the circumstances
necessitating the proposed. substitutions, complete resumes for the proposed.
substitutes, and any additional information requested by the Grantee's Director of
HND. Proposed substitutes should have comparable qualifications to those of
the persons being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
. information of the decision on substitutions. This clause will be modified to
reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the 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 this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid, such invalidity shall not aff~ct 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 $ 22.941 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
3
Subrecipient' and proper supporting documentation has been submitted in conformity with the
approved and 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.
Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests for payments must be received by Grantee not later than the 15th day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has been
paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements
of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and
other regulations governing the Community Development Block 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. Any unused funds.
remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation
Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefiting low and moderate income persons as a
public service limited clientele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including OMB 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 OMB Circular A,..110. .
Subrecipient is prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
4
9. PROGRAM ~NCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in 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 a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, 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 insureds, 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 insureds. No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
15 days advance written notice to Grantee. All insurance policies required hereunder, or copies
thereof, shall be provided to Grantee by Subrecipient.
5
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS 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
Grantee shall not bel 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 b,e 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. Only one amendment to said agreement shall be allowed during the program year.
.19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical. reports,
quarterly progress reports, 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 by January 30, 2001.
6
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
.. CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB 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
OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial r~ports to the Grantee. If Subrecipient do not prepare
financial statements on a monthly or quarterly basis, a detailed' list of cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or documents related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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 s~bmission 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, if its program involves housing, agrees to affirmatively further fair
housing.
7
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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to. enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
or 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 cmd all liability for any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an independent contractor and shall be wholly
responsible for time, means and manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as they relate to the services provided during the course and
scope of their employment.
8
I. PROCUREMENT
The Subrecipient shall . comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of all non-
expendable personal property as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions. (iii) through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) 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
rega'rd to their race, color, creed, religion, sex, age, handicap, disability,
sexual orientation, ancestry, or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates
of payor other forms of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, religion, sex, age, handicap, disability, sexual orientation,
ancestry, national origin, marital status, or any other basis prohibited by
applicable law. .
(iii) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
9
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
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.
(vi) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said rules,
regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965,as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by HUD, the Subrecipient may
request the United States to enter into such litigation to protect the
interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act
of 1974, and in conformance with Grantee policy and all requirements imposed
by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602)
issued pursuant to Section 109, no person in the United States shall on the
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,
10
national origin, marital status, familial status, age, handicap, disability, sex or
other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. Subject to segregated or separate treatment in any facility, or in any other
matter orproqess related to receipt of any service or benefit under the
program or activity.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with fa~ilities, services, financial
aid or other benefits. under the program or activity.
v. 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.
vi. 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, n means a
business at least fifty-one (51 %) owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or written representations by Subrecipients regarding their status
as minority and female business enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower 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 utilizes the bidding procedure to let a bid, the
11
invitation or solicitation for bids shall advise prospective contractors of the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause
shall be inserted as a component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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 Subrecipientand all subcontractors engaged in contracts in
excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work
financed in whole or in part with assistance provided under this Agreement are subject to the
federal labor standards provisions which govern the payment of wages 'and the ratio of
apprentices and trainees to journeyworkers. 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 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 use 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 "Anti-Kickback" Act. . Provided that if wage rates higher than those
required. under the regulations are imposed by State or Local laws, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher
rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as h~ving special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 102(a) of said Act.
12
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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this. Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24CFR Part 35. The Subrecipient, at its sole
cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may contain lead-based paint. Such notification shall point out the.
hazards of lead-based paint and explain the symptoms,. treatment, and precautions that should.
be taken when dealing with lead-~ased paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Act or with amounts resulting from
a guarantee under Section 108 of the Act by assessing any amount against properties owned
and occupied by persons of . low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless: (1)
funds received under Section 106 of the Act are used to pay the proportion of such fees or
assessment that relates to the capital costs of such public improvements that are financed from
revenue sources other than under Title I of the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persons of moderate income., the. grantee certifies to
the Secretary of HUD that it lacks sufficient funds received under Section 106 of the Act to
comply with the requirements of subparagraph (1).
I. 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
13
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 of persons or businesses. If Subrecipient
causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for relocation
benefits 9r the provision 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 Jnfluence 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, an officer or employee of Congress, or employee of a Member of Congress, in
connection with this Federal Contract, grant, loan, or cooperative agreement, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions; and
It will require that the language of this paragraph M be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each 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 c.ontract shall be r~ad 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.
14
o. HISTORIC PRESERVATION
If applicable, the Subrecipient agrees to comply with the Historic Preservation requirements set
for 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 thfs contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above. .
ATTEST:
SEAL
4fi~L
. Le . onner'
Clerk of Commission
ATTEST:
SEAL
~ ~/ 9-
/ ~2/L) f', vtV~
. Rosa.J~eard
As its Corporate Secretary
(Plain Witness)
JP rrf:
0;1
I
By:
16
DELTA HOUSE. INC.
a ~-ftndL
Lela Stone
As its President
.,.
APPENDIX A
Proiect Area
The project is located at the Lucy C. Laney Museum of Black History, 1116 Phillips, Augusta,
Georgia 30906.
APPENDIX B
Goals. Obiectives. and Tasks
The purpose of this program is to continue to provide a Computer Assisted Tutoring and Art
Program for children between the ages of 6 and 12 years old in the Laney Walker
neighborhood. The program will allow children who would not otherwise have the opportunity to
participate to acquire knowledge of. computers and art.
Twenty-five (25) low income children will be provided basic tutoring in reading, writing, math,
history and art using computer assisted technology. Classes will consist of ten (10) sessions
per student with instructio'n being provided weekly from 3:00 p.m. to 6:30 p.m. starting January
1, 2000, through December 31, 2000. A schedule for completion of this activity shall be
submitted to Grantee within 15 days after the execution of this agreement. The schedule shall
be in sufficient detail for Grantee to monitor the performance of this' agreement..
CDBG funds will be used to pay for tuition, software, hardware and transportation for. the
students.
For each student, Subrecipient shall maintain attendance records, progress reports, household
income, income verification and application for services.
APPENDIX C
Budqet
Tuition ($75/student x 10 sessions x 25 students)
Software & Hardware
Transportation
Total
$18,750
$ 3,191
$ 1,000
$22,941
17
APPENDIX D
Reoortina Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Montl11y Statistical
th
Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Performance Report
4. Audit Report
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CF 570
2. OMS Circular A-122 - "Cost Principles for Non-Profit Organizations"
3. OMB Circular A-110
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit Organizations"
4~OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions"
5. Augusta-Richmond County Procurement Policy .
7. CDBG Income Verification
8. Reimbursement Request
9. Monthly Statistical Reports
10. Quarterly Progress Reports
11. Annual Performance Report
12. Trip/Mileage Log
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CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
CSRA TRANSITIONAL CENTER, INC.
FOR
THE 200'0 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
,
COPY
THIS AGREEMENT, made and entered into on this 1 st 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 CSRA Transitional Center, 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 USC5301 et seq.) (the
Act); and
WHEREAS, pursuant to such Grant, the Grantee is undertaking certain prcgrams 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 GrantProgram, 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:
"90 Day Diversion Program For At Risk Youth"
The Subrecipient shali 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. . TERM; 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 otberwise terminated. How~ver, the obligations of
Subrecipient under' Section 9 (Program Income) shall continue for any
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additional time period during which Subrecipient may receive or remain in
control of program income.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the
Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to Subrecipient, and
specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for the
default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other party. All reports or accountings provided for herein shall be rendered
whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upI)n written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and
that continued support of the project is not providing an adequate
level of services to low income 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 als'oreserves the right to terminate this Contract or to reduce
the contract compensation amount if the Subrecipient:
(1) Fails to file required reports or to rreet 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 OMBCircular A-110.
(3) Expends funds under this Agreement for ineligible activities, services,
or items;
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(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. Charles Bartholomew, Ph.D., Director
b. During the period of performance, Subrecipient shall make no substitutes of
key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director of
H ND 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 Subrecipientwithin 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 this contract for which the Subrecipient may be held in
default.
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6. - SEVERABILITY
If any term or condition of this Agre~ment is found by a court of competent jurisdiction to be
void or invalid, such inva.lidity 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 $13,765.00 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 Dev,elopment (HND) Department. Compensation shall
be allowed on a reimbursement basis, only after expenditures have been incurred by the
Subrecipient and proper supporting documentation has been submitted in conformity with
the approved and executed budget 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. Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 3D-day turnaround period by Grantee." .
. Requests for payments must be received by Grantee not later than the 15th day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which'has
been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall. be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Housing' and Community Development Act of 1974 (as amended), 24
CFR Part 570 and other regul~tions governing the Community Development Block 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.
Any. unused funds remaining at the expiration of this agreement shall revert to
Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the
National Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58),
the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR
8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC
6101) (and the implementing regulations at 24 CFR 146), the prohibition against using
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debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375,
12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community devE!lopment needs, as defined in the program regulations.
The. Subrecipient agrees to maintain documentation that demonstrates that the activity
carried out with CDBG funds meets the national objective of benefiting low and moderate
income persons as a public service limited clientele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, including:
OMB Circular A-122, "Cost Principles for Non-Profit Organizations," OMB Circular A-133,
"Audits of Institutions of Higher Education and Other Non-Profit Institutions," and OMB
Circular A-11 O.
Subrecipient 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 approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in 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 a indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
12. TRAVEL
If applicable, 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).
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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
insureds, 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 insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall
be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall
be prominently labeled as to funding source. In addition, the Subrecipient will include a
reference to the support provided herein all publications made possible with funds made
available under this contract. .
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 331/3%
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
com'pliance measures: it wiUnotify the Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting 'schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
. each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
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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. Only one amendment to said agreement shall be allowed during the
program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients statistical reports. quarterly
progress reports 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 by January 30, 2001.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-
1 :33; and
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. 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 OMB Circular A-133. However, if
an audit is not required, the Subrecipientagrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly basis,
a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the. Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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 s'ubmission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that 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,
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either for themselves or those with whom they have family or business ties, for work to be
performed in connection with the program assisted under this Agreement.
i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter
into this Agreement on behalf of said Subrecipient and to bind the same to this Agreement,
and further that said Subrecipient has authority to enter into this Agreement and that there
are no restrictions or prohibitions contained in any article of incorporation or 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 101-236), and all state and local
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless, and indemnify the Grantee from and against any and all liability for
any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of equipment and sh.all 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 (i) and (ii) are applicable to all contracts and subcontracts;
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provisions (iii) through (vii) are applicable to all non-exempt construction contracts and
subcontracts which exceed $10,000:
(i) The Subrecipient shall not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, age, handicap,
disability, 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 of compensation, and selection for
training including apprenticeship. The Subrecipient agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(Hi) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by Executive
Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and order's of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUDand the
Secretary of Labor for purposes of investigation to ascertain compliance with
slJch rules, regulations, and orders.
(vi) 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
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and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 e~forcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development
Act of 1974, and in conformance with Grantee policy and all requirements
imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601
and 570.602) issued pursuant to Section 109, no person in the United States
shall on the ground of race, color, creed, religion, sex, age, handicap,
disability, 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, ancestry,
national origin, marital status, familial status, age, handicap, disability, sex
or other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii.. Provide any facilities, services, financial aid, or other benefits which
are different, or are provided in a different form from that provided to
others under the program or activity.
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iii. 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.
iv. Restrict in any way access to, or the enjoyment of any advantage a
privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
v. 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.
vi. Deny any person with the legal right to work an opportunity to
participate in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents,
Women-Owned Business Enterprises, and Minority-Owned Business
Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise,"
means a business at least fifty-one (51 %) owned and controlled by minority group members
or women. For the purpose of this definition, "minority group members" are African-
American, Spanish-speaking, Spanish surnamed or written representations by Subrecipients
regarding their status as minority and female business enterprises in lieu of an 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 DevelopmentAct Of 1968, (12 use 1701 u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greatest extent feasible, opportunities for training and employment be given to lower income
residents of the project area,' and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project. .In all solicitations for bids the contractor must, before
signing the contract, provide a preliminary statement of the work force needs and plans for
possible training and employment of lower income persons. When a Subrecipient utilizes
the bidding procedure to let a bid, the invitation or solicitation for bids shall advise
prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
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If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made
to contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders. .
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipientwill comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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,
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 TitleVII 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 orin part with assistance provided under this Agreement are
subject to the federal labor standards provisions which govern the payment of wages and
.the ratio of apprentices and trainees to journeyworkers. 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
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 theSubrecipient 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 "Anti-Kickback" Act. Provided that if
wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in 8:n area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02(a) of said Act.
h. . Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000).
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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 fromtime 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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead-based paint hazards under 24 CFR Part 35.' The Subrecipient, at its
sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection,
testing, and abatement procedures concerning lead-based paint. Such regulations require
that all owners, prospective owners, and tenants of properties constructed prior to 1978 be
property notified that such properties may contain lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act. or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay the
proportion of such fees or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than under Title I of the Act, or
(2) for purposes of assessing any amount against properties owned and occupied by
persons of moderate income, the grantee certifies to the Secretary of HUD that it lacks
sufficient funds received under Section 106 of the Act to comply with the requirements of
subparagraph (1). .
I. Acquisition, Rehabilitation, and Demolition of Real Property and
Displacement of Persons and Businesses
Subrecipientwill 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-displacementand Relocation Assistance Plan." The Subrecipient
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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 of persons or
businesses. If Subrecipient causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from
and against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection with
activities undertaken pursuant to this Agreement.
m. Lobbying 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, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for
all subawards at all tiers (including subcontractors, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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., United States
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Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be 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 for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in CFR, Part 800, Advisory Council of Historic preservation
Procedures for Protection of Historic properties, insofar as they apply to the performance of
this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21.. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
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.,
. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above. .
ATTEST:
SEAL
/jilfl!~
. J. Bonner
Clerk of Commission
ATTEST:
SEAL
~
uW" jBy:
. 9f~
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AUGUSTA, GEORGIA
(Grantee)
CSRA Transitional Center. Inc.
(Subrecipient)
By: (~7 - C!>~~~....~",,"..D")~_..
Charles Bartholomew, Ph.D.
As its Director
"
APPENDIX A
Proiect Area
The project is located at 1345 Druid Park Ave., Augusta, Georgia 30904
APPENDIX B
Goals,Obiectives. and Tasks
I
A schedule for completion of this activity sh~1I be submitted to Grantee within 15 days after
the execution of this agreement. The schedule shall be in sufficient detail for Grantee to
monitor the performance of this agreement.
The CSRA Transitional Center, Inc. is ai1organization which takes referrals of youths, who
are in a low income environment and are highly at-risk, from Juvenile Court, the school
system and social service agencies and places them in an intensive 90-day professional
counseling program. "At-Risk" youths refer: to those who have been arrested or disciplined
by the school system, those in poverty and those who constitute the basis for high teen birth
and dropout rates. The program consists of a 90 day counseling program with follow-up
services for the remainder of a year. Thel maximum number served per year is 40 low-
income youths and each 90 day program will provide services for 10 low-income youths.
A referral, screening process and case maragement are utilized for participants. Therapy
focuses on listening, apologizing, understan~ing, negotiating, peer pressure, conversational,
and various other skills. Tutoring services in basic skills and homework are included.
Services shall be provided January 1, 200q, through December 31, 2000.
APPENDIX C
B~daet
Salary - Counseling services for very low income, at-risk youth
. ,
$13,765.00
[
APPENDIX D
Reportina Requirements
. I.
The Subrecipient shall submit to the Grar,ltee the following reports for the term of this
agreement.
1. Monthly Statistical Reports :
Due each month by the 15th for the previous month.
2. Quarterly Progress Reports: ;
Due April 15, 2000,' July 15, ~OOO, October 15, 2000 and January 15, 2001.
3. Annual Progress Report
4. Audit
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"
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5. Subrecipient sh~J11 maintain files on each persbn assisted. Each file shall
contain, but is not restricted to, income data and verification for each person
assisted, application for services, record of services provided, amount of
services provided, documentation of costs for which assistance is provided,
transportation log, documentation of medical need regarding prescriptions,
any other document that will provide proof of needed service(s) and
subsequent provision of such service(s) as allowed under this contract.
ATTACHMENTS
FOR NON-GOVERNMENTAL AGENCIES:
a. Community Development Block Grant Entitlement Program 24 CFR 570
b. OMB Circular 110 - Uniform Administrative Requirements for Grants and
Agreement with Institutions of Higher Education, Hospitals, and other Non-
Profit Organizations
c. OMS Circular A-122 - Cost Principles for Non-Profit Organizations
d. OMB Circular A-133 - Audits of Institutions of Higher Education & other Non- .
Profit Institutions
e. Augusta-Richmond County Procurement Policy
FORMS
CDBG Income Verification
Reimbursement Request
Monthly Statistical Reports
Quarterly Program Progress
Annual Program Progress Report
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copy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
BEULAH GROVE COMMUNITY RESOURCE CENTER, INC.
FOR
THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1 st 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 Beulah Grove Community Resource Center, Inc.,
(hereinafter referred to as the "Subrecipient").
WHEREAS, the Grantee has received a Community Development. Block Grant from the
l:Jnited 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:
"Operation Self Help"
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. TERM; 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. However, the obligations of
Subrecipient -under Section 9 (Program Income) shall continue for any
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,
additional time period during which Subrecipient may receive or remain in
control of program income.
b.. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the
Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the . Grantee's best interest.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to Subrecipient, and
specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation; for the
default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other party. All reports or accountings provided for herein shall be rendered
whether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this clJltract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said p.roject 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
madeavailabl~ 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-11 O.
(~3) Expends funds under this Agreement for ineligible activities, services,
or items;
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(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. Dr. Sam Davis, Chief Executive Officer
ii. Laverne Proctor-Streeter, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of
key personnel unless the substitution is necessitated by illness, death, or
termination of employment. Subrecipient shall notify the Grantee Director of
HND within five (5) calendar days. after the occurrence of any of these events
and provide the following information, providing a detailed explanation of the
circumstances necessitating the proposed substitutions, complete resumes
for the proposed substitutes, and any additional information requested by the
Grantee's Director of HND. Proposed substitutes should have comparable
qualifications to those of the persons being replaced. The Grantee's Director
of HND will notify the Subrecipient within fifteen (15) calendar days after
receipt of all required information of the decision on substitutions. This
clause will be modified to reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard perfolJl1ance 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 this contract for which the Subrecipient may be held in
default.
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6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be
void or invalid, such invalidity shall not affect the remaining terms and conditions of this
. Agreement, which shall continue in full force and effect. -
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $45,883.00 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 and 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 conformal1~e with this Contract and
that the Subrecipient is entitled to receive the amount requested under the terms of this
Contract. Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee..
Requests for payments must be received by Grantee not later than the 15th day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which, has
been paid by another source of revenue.
. The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in .accordance with the
. requirements of the Housing and Community Development Act of 1974 (as amended), 24
CFR Part 570 and other regulations governing the Community Development Block Grant
Program, and any amendments or policy revisions thereto which shall become effective
during the term elf this Agreement. . A copy of said regulations is incorporated' by reference:
Any unused funds remaining at the - expiration of this agreement shall revert to
Grantee.
In addition, the Subrecipient agrees to comply ,with other applicable laws, including the
National Environmental Policy Act of 196,9 (and t~e implementing regulatio~s at 24 CFR 58),
the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR
8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC
. .
6101) (and the implementing regulations at 24 CFR 146), the prohibition against using
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debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375,
12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity
carried out with CDBG funds meets the national objective of benefiting .low and moderate
income persons as a public service limited clientele activity.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, including:
OMB Circular A-122, "Cost Principles .for Non-Profit Organizations, OMB Circular A-133,
"Audits of Institutions of Higher Education and Other Non-Profit Institutions," and OMB
Circular A-11 O.
Subrecipientis 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 approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's'control acquired or improved in whole or in 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 a indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this
Contract.
12. TRAVEL
If applicable, 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
~egulations are applicable (41 CFR Part 301).
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13. INDEMN~FICATION
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 hemunder shall list Grantee, The Augusta-Richmond County Commission and
its Mayor, and their officers, agents, members, employees and successors as named
insureds, 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 insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall
be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall
be prominently labeled as to funding source. In addition, the Subrecipient will include a
reference to the support provided herein all publications made possible with funds made
available under this contract.
16. OPEN MEETINGS 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
M.etro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
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,
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. ASSIGNIIIIENT
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. Only one amendment to said agreement shall be allowed during the
program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly.clients statistical reports, quarterly
progress reports 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 by January 30, 2001.
c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the' federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-
133; and
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v. Other records necessary to document compliance with Subpart K of 24 CFR
570.
Suprecipient agrees to keep all necessary books and records, including property, personnel
and financial records, in connection with the operations and services performed under this
Agreement, and shall document all transactions so that all expenditures may be properly
audited. If the Subrecipient receives $300,000 or more in combined federal assistance, it
agrees to obtain an audit conducted in accordance with OMB Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly basis,
a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that. all project records, books, papers, and
documents will be retained for a 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 datt~ of submission of
the final expenditure report for the award.
f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or
activities.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that 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,
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either for themselves or those with whom they have family or business ties, for work to be
performed in connection with the program assisted under this Agreement.
i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter
into this Agreement on behalf of said Subrecipient and to bind the same to this Agreement,
and further that said Subrecipient has authority to enter into this Agreement and that there
are no restrictions or prohibitions contained in any article of incorporation or 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. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be con.strued in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipienl 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
Th~ following provisions (i) and (ii) are applicable to all contracts and subcontracts;
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provisions (iii) through (vii) are applicable to all non-exempt construction contracts and
subcontracts which exceed $10,000:
(i) 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, ancestry, or national origin.
Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination, rates of payor other forms of compensation, and selection for.
training including apprenticeship. The Subrecipient agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age,handicap, disability, ancestry, national origin, marital'
status, or any other basis prohibited by applicable law. .
(iii) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
. ,
(v) The Subrecipient will furnish all information and reports required by Executive
Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant 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.
(vi) 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
-10-
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor.' The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or 'vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development
Act of 197 4,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, 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 DevelopmentBlock 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, ancestry,
national origin, marital status, familial status, age, handicap, disability, sex
or other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which
are different; or are provided in a different form from that provided to
others under the program or activity.
-11-
iii. 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.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
v. 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. .
vi. 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-Own~d 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, n
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 bySubrecipients
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban DevelopmentAct of 1968, (12 USC 1701 u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greatest extent feasible, opportunities for training and employment be given to lower income
residents of the project area, and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project. In all solicitations for bids the contractor must, before
signing the contract, provide a preliminary statement of the work force needs and plans for
possible training and employment of lower income persons. When a Subrecipient utilizes
the bidding procedure to let a' bid, the invitation or solicitation for bids. shall advise
prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract. .
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made
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to contact minority-owned and women-owned business enterprises for a response to the .
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipientwill comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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,
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 provisions which govern the payment of wages and
the ratio of apprentices and trainees to journeyworkers. 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 .
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 "Anti-Kickback" Act. Provided that if
wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster ProteCtion Act of 1973
(PL93-234). Use of any assistance ,provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02(a) of said Act.
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
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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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its
sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection,
testing, and abatement procedures concerning lead-based paint. Such regulations require
that all owners, prospective owners, and tenants of properties constructed prior to 1978 be .
properly notified that such properties may contain lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing. with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income; including any fee
charged or assessment made as a condition of obtaining access to such public
improvements, unless: (1) funds received under Section 106 of the Act are used to pay the
proportion of such fees or assessment that relates to the capita/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 ('I). .
I. 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-displacementand Relocation Assistance Plan." The Subrecipient
will conduct any acquisition, rehabilitation, or demolition, of real property, and any
-14-
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 of persons or
businesses. If Subrecipient causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from'
and against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and regulations in connection with
activities undertaken pursuant to this Agreement.
m." Lobbying 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, an officer or employee of Congress, or employee of a Member of
Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for
all subawards at all tiers (including subcontractors, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when
th'is transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, United States
Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
-15-
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 for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in' CFR, Part 800, Advisory Council of Historic preservation
Procedures for Protection of Historic properties, insofar as they apply to the performance of
this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELlANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia. .
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipientshall provide the scope of
services in accordance with the schedule set forth in Appendix B.
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
AUGUSTA. GEORGIA
(Grantee)
8EAL
ATTEST:
. SEAL
Beulah Grove Community Resource Center. Inc.
(Subrecipient)
c /~_
BY:~~/ '- -----.:?
,//' ' Dr. Sam Davis
./ As its CEO . .
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APPENDIX A
Proiect Area
The project is located at 1446 Linden Street, Augusta, Georgia 30901
APPENDIX B
Goals. Obiectives. and Tasks
This program has three components: (1) family support services, (2) community health
education and youth services and, (3) the Center for Community Health (health clinic). The
program will provide support and tools to assist persons with additions and disabilities as
well as those who are mentally and physically challenged. Support meetings such as AA
and Alateen will be hosted and emergency financial assistance will ,be: provided to low/mod
income families. Referrals to the elderly, homeless and indigent are made to the Beulah
Grove Baptist Church Food and Clothing Banks which are located at the program site.
CDBG funds are to be used to provide the aforementioned short-term direct emergency
financial assistance for housing, utilities and prescriptions as well as for transportation
expenses for low income persons. Also, funds will be used to purchase a handicapped
accessible van. Services will be provided to 50 low income persons from January 1, 2000,
to December 31,2000.
A schedule for completion of this. activity shall be submitted to. Grantee within 15 days'after
the execution of this agreement. The schedule shall be in sufficient detail for Grantee to
monitor the performance of this agreement.
APPENDIX C
Budaet
Emergency financial assistance, transportation services and.
purchase of a van.
$45,883.00 .
APPENDIX D
ReDortina Reauirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Statistical Reports
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.
3. Annual Progress Report - Due January 30, 2001
4. AudiUFinancial Report - Due January 30, 2001
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..
~
5. Subrecipient shall maintain files on each person assisted. Each file shall
contain, but is not restricted to, income data and verification for each person
assisted, application for services; record of services provided, amount of
services provided, documentation of costs for which assistance is provided,
transportation log, documentation of medical need regarding prescriptions,
any other document that will provide proof of needed service(s) and
subsequent p~ovision of such service(s) as allowed under this contract.
ATTACHMENTS
FOR NON-GOVERNMENTAL AGENCIES:
a. Community Development Block Grant Entitlement Program 24 CFR 570
b. OMB Circular 110 - Uniform Administrative Requirements for Grants and
Agreement with Institutions of Higher Education, Hospitals, and other Non-
Profit Organizations
c. OMB Circular A-122 - Cost Principles for Non-Profit Organizations
d. OMB Circular A-133 - Audits of Institutions of. Higher Education & other Non-
Profit Institutions
e. Augusta-Richmond County Procurement Policy
FORMS
CDBG Income Verification.
Inventory
Reimbursement Request
Monthly Statistical Reports
Quarterly Program Progress
Annual Program Progress
TriplTransportation Log
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,
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
URBAN ACTION, INC. d/b/a AUGUSTA URBAN MINISTRIES
FOR
THE 20100 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1 st 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 Urban Action, Inc. d/b/a Augusta Urban Ministries,
(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:
"Preschool Plus"
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERM; 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. However, the obligations of
-1-
Subrecipient under Section 9 (Program Income) shall continue for any
additional time period during which Subrecipient'may receive or remain in
control of program income.
b. The parties agree that the Grantee may terminate this Contract or any work
or delivery required hereunder, from time to time, either in' whole or in part,
whenever the Commission, on recommendation from the Director of the
Housing and Neighborhood Development Department (HND), shall
determine that such termination is in the Grantee's best interest.
Termination, in whole or in part, shall be effected by delivery of a Notice of
Termination signed by the Mayor, mailed or delivered to Subrecipient, and
specifically setting forth the effective date of termination.
c. Either party may terminate this Contract, without further obligation, for the
default of the other party or its agents or employees with respect to any
agreement or provision contained herein upon 15 days written notice to the
other party. All reports or accountings provided for herein shall be rendered
\Mhether or not falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible
because of project location, services provided, or any other reason
cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and
that continued support of the project is not providing an adequate
level of services to low income 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 projed 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 inelgible activities, services,
or items;
-2-
."
(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. Rebecca Wallace, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of
ke!y 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 Subrecipientwithin 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 this contract for which the Subrecipient may be held in
default.
-3-
6. SEVERA.BILlTY .
If any term or condition of this Agreement is found by a court of competent jurisdiction to be
void or invalid, such invalidity shall not affect the remaining terms and conditions of this
Agreement, which shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $32,118.00 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 and 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. Clients' eligibility data shall be included with said reimbursement request.
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 oblig.ations which has
been paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the
requirements of the Housing and Community Development Act of 1974 (as amended), 24
CFR Part 570 and other regulations governing the Community Development Block 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.
Any unused funds remaining at the expiration of this agreement shall revert to
Grantee.
In' addition, the Subrecipient agrees to comply with other applicable laws, including the
National Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58),
the National Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of
the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR
8), the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC
-4-
6101) (and the implementing regulations at 24 CFR 146), the prohibition against using
debarred contractors at 24 CFR 570.609, and Executive Orders 11063, 11246, 11375,
12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity
carried out with CDBG funds meets the national objective of benefiting low and moderate
income persons as a public service limited clientele activity.
Subrecipient agrees to comply with,the uniform administrative requirements specified at 24
CFR 570.502 and 24 CFR 570.610, including:
OMB Circular A-122, "Cost Principles for Non-Profit Organizations," OMB Circular A-133,
"Audits of Institutions of Higher Education and Other Non-Profit Institutions," OMB Circular
A-110.
Subrecipient 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 approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in 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 a indirect cost allocation plan approved
by the Department of Housing' and Urban Development prior to the execution of this
Contract.
12. TRAVEL
If applicable, 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).
-5-
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
insureds, 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 insureds. No insurance policy providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance
written notice to Grantee. All insurance policies required hereunder, or copies thereof, shall
be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall
be prominently labeled as to funding source. In addition, the Subrecipient will include a
reference to the support provided herein all publications made possible with funds made
available under this contract.
16. OPEN MEETINGS LAW COMPLIANCE
Subrecipient is subject to the Georgia Open Meetings Law if it receives more than 331/3%
of its funds from taxpayer sources. Accordingly, the Subrecipient will take the following
compliance measures: it will notify the. Augusta Chronicle, and the Augusta Focus or the
Metro Courier of its regular board meeting schedule and of any special called meetings
except emergency meetings; it will post notices of its meetings in a public place at the
meeting sites and it will keep a written agenda, minutes, attendance, and voting record for
each meeting and make the same available for inspections by the press, the public and the
Grantee. The press, public and the Grantee shall not be denied admittance to the
Subrecipient's board meetings.
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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. Only one amendment to said agreement shall be allowed during the
program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly
progress reports 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 by January 30, 2001.
c. R.ECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-
133; and
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, .
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 OMB Circular A-133. However, if
an audit is not required, the Subrecipient agrees to provide quarterly financial reports to the
Grantee. If Subrecipient do not prepare financial statements on a monthly or quarterly basis,
a detailed list of cash receipts and disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
-The Subrecipient agrees that the Grantee or any authorized representative has access to
and the right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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. AFFJRMATIVEACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair 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
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financial interest, director 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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter
into this Agreement on' behalf of said Subrecipient and to bind the same to this Agreement,
and further that said Subrecipient has authority to enter into this Agreement and that there
are no restrictions or prohibitions contained in any article of incorporation or 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. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to,
create or establish an employer-employee relationship between the parties, nor shall any
employee of the Subrecipient by virtue of this Contract be an employee of the Grantee for
any purpose whatsoever, nor shall any employee of the Subrecipient be entitled to any of
the rights, privileges, or benefits of Grantee employees. The Subrecipient shall be deemed
at all times an independent contractor and shall be wholly responsible for time, means and
manner for performance of the services required of it by the terms of this Contract. The
Subrecipient assumes exclusively the responsibility for the acts of its employees as they
relate to the services provided during the course and scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning
the purchase of-equipment and shall maintain an inventory record of all non-expendable
personal property as defined by such policy and as may be procured with funds provided
herein.
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20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and subcontracts;
provisions (iii) through (vii) are applicable to all non-exempt construction contracts and
subcontracts which exceed $10,000:
(i) 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, ancestry, or national origin.
Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
or termination, rates of payor other forms of compensation, and selection for
training including apprenticeship. The Subrecipient agrees to post in
conspicuous places," available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age, handicap, disability, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(Hi) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by Executive
Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to its books, records, and accounts by HUD and the
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Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(vi) In the event of the Subrecipient's noncompliance with the nondiscrimination
clauses of this Contract or with any of the. said rules, regulations, or orders,
this Contract may be canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (i) through (vii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
. b. Equal Opportunity in Participation
Under the terms of Section 109 of. the Housing and Community Development
Act of 1974, and in conformance with Grantee policy and all requirements
imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601
and 570.602) issued pursuant to Section 109, no person in the United States
shall on the ground of race, color, creed, religion, sex, age, handicap,
disability, 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, ancestry,
national origin, marital status, familial status, age, handicap, disability, sex
or other basis prohibited by applicable law:
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i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which
are different, or are provided in a different form from that provided to
others under the program or activity.
iii. Subject to segregated or separate treatment in any facility, or in any
other m~tter or process related to receipt of any service or benefit
under the program or activity.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
v. 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.
vi. 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 bySubrecipients
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
. Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the
greatest extent feasible, opportunities for training and employment be given to lower 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
-12-
possible training and employment of.lower income persons. When a Subrecipient utilizes
the bidding procedure to let a bid, the invitation or solicitation for bids shall advise
prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made
to contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipientwill comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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,
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 provisions which govern the payment of wages and
the ratio of apprentices and trainees to journeyworkers. 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
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 "Anti-Kickback" Act. Provided that if
wage rates higher than those required under the regulations are imposed by State or Local
laws, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
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construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 1 02(a) of said Act.
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. LHad-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
the elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its
sole cost, will comply with the requirements of 24 CFR 570.608 for notification, inspection,
testing, and abatement procedures concerning lead-based paint. Such regulations require
that all owners, prospective owners, and tenants of properties constructed prior to 1978 be
properly notified that such properties may contain lead-based paint. Such notification shall
point out the hazards of lead-based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted
in whole or in part with funds provided under Section 106 of the Act or with amounts
resulting from a guarantee under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as . a condition of obtaining acces.s 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 thatare 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).
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j. .
I. 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 of persons or
businesses. If Subrecipient causes the involuntary temporary 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 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. SUbrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from
. and against any and all claims and liabilities for relocation benefits or the provision of
replacement dwelling units required by federal statutes and. regulations in connection with
activities undertaken pursuant to this Agreement.
m. Lobbying 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, an officer or employee of Congress, or employee of a Member of
. Congress, in connection with this Federal Contract, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in
. accordance with its instructions; and
It will require that the language of this paragraph M be included in the award documents for
elll subawards at all tiers (including subcontractors, subgrants, and contracts under grants,
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loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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, United States
Code. Any person who fails to file. the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each 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 for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
. the procedures set forth in CFR, Part 800, Advisory Council of Historic preservation
Procedures for Protection of Historic properties, insofar as they apply to the performance of
this contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included.on a Federal, State, or local historic property list.
21.' MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws
of the State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
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-,
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
ATTEST:
SEAL
m~
~ L~onnei
Clerk of Commission
ATTEST:
SEAL
. ,~~
As its Corporate Secr
~....."
ry
~ ~ c5h~~ tZ,'J;!:}"
(Plain Witness)
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AUGUSTA. GEORGIA
(Grantee)
Urban Action, Inc. d/b/a
Augusta Urban Ministries
(Subrecipient)
By: 1/Lw.-L LJ~
( Mr. Frank Windom
As its President
"
APPENDIX A
Proiect Area
The project is located at 303 Hale Street, Augusta, Georgia 30901.
APPENDIX B
Goals, Obiectives, and Tasks
A schedule for completion of this activity shall be submitted to Grantee within 15 days after
the execution of this agreement. The schedule shall be in sufficient detail for Grantee to
. monitor the performance of this agre.ement.
Augusta Urban Ministries has identified child care centers throughout Augusta-Richmond
County which meet a criteria consisting of valid operating license or home registration
certification, clean environment, knowledgeable teachers, attention provided, age
appropriate toys, outdoor facilities, documented/posted discipline policy I documented/posted
lesson plans and an open door policy for parents. The Preschool Plus program will offer
tuition assistance for the children of working parent~who are low income and to parents who
are attending full time continuing education programs. The tuition assistance will allow the .
parents to continue their work or education while their children are being cared for in the
identified child care centers. Also, CDBG funds will be used to provide tuition assistance
on an emergency basis for those parents who do not need long term assistance with child
care but who do need help in stabilizing their situations to avoid losing a job. Approximately
20-25 scholarships will be provided under the above described circumstances. Services
shall be provided January 1, 2000, through December 31, 2000.
APPENDIX C
Budaet
Child CarelDay Care tuition scholarships for 20-25 children
$32,118.00
APPENDIX 0
Reportina Reauirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Statistical Reports
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.
3. Annual Progress Report
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~~
4. Audit
5. Subrecipient shall maintain files on each child assisted. Each file shall
contain the child's application, location of the child care center attended,
record of attendance, amount of scholarship assistance provided, parents
income data and income verification.
ATTACHMENTS
FOR NON-GOVERNMENTAL AGENCIES:
a. Community Development Block Grant Entitlement Program 24 CFR 570
b. OMB Circular 110 - Uniform Administrative Requirements for Grants and
Agreement with Institutions of Higher Education, Hospitals, and other Non-
Profit Organizations
c. OMB Circular A-122 - Cost Principles for Non-Profit Organizations
d. OMB Circular A-133 - Audits of Institutions'of Higher Education & other Non-
Profit Institutions.
e. Augusta-Richmond County Procurement Policy
f. Augusta-Richmond.County Procurement Policy
FORMS:
Reimbun;ement Request
Time Sheet
CDBG Income Verification
Monthly Statistical Reports
Quarterly Program Progress
Annual Program Progress
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,./ ,",
/",; ....
..'~ . .. . ,/
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA MINI THEATER, INC.
FOR
THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made' and entered into on this ~ day of Januarv, 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 AUGUSTA MINI THEATER, INC. (hereinafter referred to as the "Subrecipienr).
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:
"Student Scholarship Program"
The Augusta Mini Theater, Inc. is an agency that offers cultural diversity by providing
opportunities for area residents to develop their artistic skills such as drama, dance, and music
through classroom training and present those learned skills in 'recitals and performances to the
Augusta-Richmond County community. The scholarships will be used to provide classroom
instruction in the arts to low and moderate income youths and seniors.
Community Development Block Grant (CDBG) funds will be used to assist low and moderate
income youth and seniors andlJrovide scholarships to afford them with instruction and training in
the arts.
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined by the
Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein by
reference. .
2. TERMS; lrERMINA TION
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.
l
v
;1'
"
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
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 amoun( 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.
Tyrone J. Butler
- Judith Butler
President
Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination
2
Sub recipient 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. COMPENSA TION
The Subrecipient shall be paid a total consideration of $25,694 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 wili 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.
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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 Block 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, OMB Circular. A-122, "Cost Principles for Non-
Profit Organizations," OMB 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. INDIREC"r 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).
4
13. INDEMNIIFICATION
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. ASSIGNNlENT
Without the prior written consent of the Grantee, this Agreement is not assignable by the
Subrecipient, eithe!r in whole or in part.
5
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 LJnless 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. Recordsproviding a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDSG Program; .
iii. 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.
SubrecipiEmt 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 docuf!1ents related to the project.
E. RETENTION
The Submcipient 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
6
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. AUTt-IORIZA 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 anyand.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.
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20. OTHER PROVISIONS
A. Equa~ 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 SlJbrecipient shall notdiscriminate 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
sllch other sanctions maybe imposed and remedies invoked as provided in
8
..
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 ofHUD (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 ot'race, color, creed, religion, sexual orientation, ancestry, .national'origin, marital
status, falm ilia I 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.
9
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. Nondiscl'imination 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 respE~ct 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 govern 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,
10
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 "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 requir(3ments 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,
.1.. 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 mode~ate 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
11
..
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 fed e rc:t I 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. insert.ed 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 f'reservation
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.
12
'.
In general, this requires concurrence 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.
13
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above.
ATTEST:
SEAL
.?#~.
Lena onller
Clerk of Commission
ATTEST:
SEAL
:f~...i !/ ;(Juuj
As its Corporate Secretary
~ Ill, !2~~
(Plain Witness)
J7~y
q~vJ
AUGUSTA. GEORGIA
(fiG,antee)
Bob Yo ng
As its M or
AUGUSTA MINI. THEATRE. INC.
(Subrecipient)
8V~l> ~;/~3 t1tL-
~. Tyrone J. . tie
As its President
14
<.
..1
APPENDIX A
Proiect Area
The project location is 430 8th Street, Augusta, Georgia 30904.
APPENDIX B
Goals. Obiectives. and Tasks
Augusta Mini Theater, Inc. is an agency that offers cultural diversity by providing opportunities
for area residents to develop their artistic such as drama, dance, and music through classroom
. training and present those learned skills in recitals and performances to the Augusta-Richmond
County community.
Community Development Block Grant (CDBG) Funds will be used to assist low and moderate
income youth and seniors and provide scholarships to afford them with instruction and training in
the arts.
The Augusta Mini Theater will. teach classes in drama, dance, and piano Monday through
_Thursday from 4:00 p.m. to 7:00 p.m. to ages 6 - senior citizens. At the end of each semester, all
participants will present to the public recitals and demonstrate their acquired skills in dance,
drama, and piano,
During the period beginning January 1, 2000 and ending December 31, 2000, the Subrecipient
. will assist 139 low income persons. 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 client shall contain, but is not restricted to, income data,
income verification, application for servic~s, record of services provided, fees charged for
services, time and attendance records and students progress evaluation.
A schedule for completion of this activity shall be submitted to Grantee within 15 days after the
execution of this agreement. The schedule shall be in sufficient detail for Grantee to monitor the
performance of this agreement.
APPENDIX C
BudQet
Student Scholarships 139 students @ $185 per person
$25,694
APPENDIX D
ReportinQ Requirements
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
3. Annual Program Report - Due January 30, 2001
4. Audit Report/Financial Report
15
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ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122 .
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-11 0
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-
Profit Organizations"
4. OMB Circular A-133
"Audits of Institutions of Higher Education and Other Non-Profit Institutions"
5. Augusta-Richmond County Procurement Policy
6. CDBG Income Verification Form
7. Reimbursement Request .
8. Monthly Statistical Reports
9. Quarterly Program Progress
10, . Annual Performance Report
11. Time Sheets
16.
~
,,'
4:..
. .
'"
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
HOUSING AUTHORITY OF THE CITY OF AUGUSTA
FOR
THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 1 st 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 HOUSING AUTHORITY OF THE CITY OF AUGUSTA, (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 respectingthe Augusta Housing Authority's Summer Youth Program(s) which
provide positive supervised activities for low income children and youths living in public housing or
receiving Section 8 rental assistance. These programs include:
"Little World of Learning Summer Camp"
"Funzone Summer Camp"
"Augusta Youth Center Summer Camp"
The Subrecipient shall do, perform, and carry out, in a satisfactory manner, as determined
. by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and incorporated herein
by reference,
2. TERM; 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'ofthe 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 terminated otherwise.
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b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part, whenever
the Commission, on recommendation from the Director of the Housing and
Neighborhood Development Department (HND), shall determine that such
termination is in the Grantee's best interest. Termination, in whole or in part, shall
be effected by delivery of a Notice of Termination signed by the Mayor, mailed or
delivered to Subrecipient, and specifically setting forth the effective date of
termination.
c. Either party may terminate this Contract, without further obligation, for the default of
the other party or its agents or employees with respect to any agreement or provision
contained herein upon 15 days written notice to the other party. All reports or
accountings provided for herein shall be rendered whether- or not falling due within
the ccmtract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, or any other reason cited by HUD;
2) Notification by' HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income 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 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 Wit.h 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.
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KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Jacob L. Oglesby, Executive Director
II. Jackie Reeves, Director of Little World of Learning
iii. Harden Oldfield, Director of Resident Services
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 th~ 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 Subrecipientwithin 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 this
contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void or
invalid, such invalidity shall not affect the remaining terms and conditions of this Ag~eement, which
shall continue in full force and effect.
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $30,741.00 for full performance of the
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, .
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 and 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 thl~ t~rms of this Contract. Clients' eligibility data shall be included with said
reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
Requests for payments must be received by Grantee not later than the 15th day of each calendar
month for work performed during the preceding calendar month. The Subrecipient shall not claim
reimbursement from the Grantee for that portion of its obligations which has been paid by another
source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds receivE~d pursuant to this Agreement shall be in accordance with the requirements of
the Housing and Community Development Act of 1974 (as amended), 24CFR Part 570 and other
regulations governing the Community Development Block 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.
Any unused funds remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including' the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation Act
of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the implementing
regulations at 24 CFR 146), the prohibition against using debarred contractors at 24 CFR 570.609,
and,Executive Orders 11063, 11246, 11375, 12086, and 12259. .
Further, any funded activity must be designed or so located as to principally benefit lower income
persons, aid in the prevention or elimination of slums or blight, or meet urgent community
development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried out
with funds meets the national objective of benefiting low and moderate income persons as a public
service limited clientele activity. .
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't,
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including:
OMB Circular A-122, "Cost Principles for Non-Profit Organizations," OMB Circular A-133. "Audits
of Institutions of Higher Education and Other Non-Profit Institutions," OMB Circular A-110.
Subrecipient 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 CFR570.500 and 570.504) derived from the project is anticipated
to be approximately $0. .
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in 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 ~570.208 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 a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, 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 pe.rform 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 ~perate 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
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Grantee, The Augusta-Richmond County Commission and its Mayor, and their officers, agents,
members, employees and successors as named insureds, 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 insureds. No insurance policy 'providing any insurance coverage required to be
provided by Subrecipient hereunder shall be cancelable without at least 15 days advance written
notice to Grantee. All insurance policies required hereunder, or copies thereof, shall be provided
to Grantee by Subrecipient.
15. . GRANTOR I~ECOGNITION
Subrecipient shall insure recognition of the role of the grantor. agency in providing services through
this contract. All activities, facilities and items utilized pursuant to this contract shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided herein all publications made possible with funds made available under this contract.
16. OPEN MEETINGS 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 itwill keep a written
agenda, minutes, attendance, and voting record for each meeting and make the same available for
inspections by the press, the public and the Grantee. The press; public and the Grantee shall not
be denied admittance to the Subrecipient's b()ard 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. Only
one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
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The Subrecipient agrees to submit to Grantee monthly clients' statistical reports, quarterly progress
reports, 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 extentto which these categories of per~ons 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
570.506, and that are pertinenUo 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB 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 OMB Circular A-133. However, if an audit is not required, the
Subrecipient agrees to provide quarterly. financial reports to the Grantee. If Subrecipient do not
prepare financial statements on a monthly or quarterly basis, a detailed list of cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access to and the.
right to examine all records, books, papers, or documents related to the project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and documents
will be retained for a 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.
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f. PERMITS
The Subrecipient agrees to obtain all necessary permits for intended improvements or activities.
g. '. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that 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 Subrecipientwho 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 ptogram assisted
under this Agreement.
i. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter into
this Agreement on behalf of said SLibrecipient and to bind the same to.this Agreement, and further
that said Subrecipient has authority to enter into this Agreement and that there are no restrictions
or prohibitions contained in any article of incorporation or 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 other operations, it will com ply. with all requirements of Section 504 of the Rehabilitation
Act of 1973 (29 use 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990 (PL 101-336),.and all state and local laws requiring physical and program
accessibility to people with disabilities, and agrees to defend, hold harmless, and indemnify the
Grantee from and a~lainst any and all liability for any. noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner to, create
or establish an employer-employee relationship between the parties, nor shall any employee of the
Subrecipient by virtue of this Contract be an employee of the Grantee for any purpose whatsoever,
nor shall any employee of the Subrecipient be entitled to any of the rights, privileges, or benefits of
Grantee employees. The Subrecipient shall be deemed at all times an independent contractor and
shall be wholly responsible for time, means and manner for performance of the services required
of it by the terms of this Contract. The Subrecipient assumes exclusively the responsibility for the
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i',
acts of its employees as they relate to the services provided during the course and scope of their
employment.
L PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy concerning the
. purchase of equipment and shall maintain an inventory record of all non-expendable personal
property as defined by such policy and as may be procured with funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and subcontracts; provisions (iii)
through (vii) are applicable to all non-exempt construction contracts and subcontracts which exceed
$10,000:
(i) The Subrecipient shall not discriminate against any employee or applicant
for employment becaus~ of race, color, creed, religion, sex, age, handicap,
disability, 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, ancestry, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading,
demotion or transfer', recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation, and selection for
training including apprenticeship. The. Subrecipient agrees to post in
conspicuo':ls places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination
clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified applicants
will receive consideration for employment without regard to race, creed,
religion, sex, age,' handicap, disability, ancestry, national origin, marital
status, or any other basis prohibited by applicable law.
(iii) 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.
(iv) 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
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available at the Grantee, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by Executive
Orders 11246 of September 24, 1965, as amended, and by rules,
regulations, and orders of the Secretary of Labor, or: pursuant 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.
(vi) In the event of the Subrecipient's noncompliance With the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders,
this Contract may be 'canceled, terminated, or suspended in whole or in part
and the Subrecipient may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, as
amended,and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, as amended,
or as otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor, issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The
Subrecipient will take such action with respect to any subcontract or
purchase order as HUD may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event
a Subrecipient becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the
Subrecipient may request the United States to enter into such litigation to
protect the interests of the United States.
b. Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in .
conformance with Grantee policy and all requirements imposed by or pursuant to the Regulations
of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the
United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability,
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
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race, color, creed, religion, ances.try, national origin, marital status,familial status, age, handicap,
disability, sex or other basis prohibited by applicable law:
i. Deny any facilities, services, financial aid, or other benefits provided under
the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. 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.
iv. . Restrict in any way access to, or the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services, financial aid or other
benefits under the program or activity.
v. Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollm'ent, 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.
vi. 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 frfty-one
(51%) owned and controlled by'minority group members or women. For the purpose of this
definition, "minority group members" are African-American, Spanish-speaking, Spanish surnamed
or written representations by Subrecipients regarding their status as minority and female business
enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing
and Urban DeveloprnentAct of 1968, (12 USC 1701u), as amended, and the HUD regulations
issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible,
opportunities for training and employment be given to lower 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.
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When a Subrecipient utilizes the bidding procedure to let a bid, the invitation or solicitation for bids
shall advise prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 'and the clause shall be inserted as a component part of any
contract or subcontract. '
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation
or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 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 othertransfer'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, 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 provisions which govern the payment of wages and the ratio of apprentices and trainees
to journeyworkers. 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 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 "Anti-Kickback" Act. Provided that
if wage rates higher than those required under the regulations are imposed 'by State or Local laws,
nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment
of the higher rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL93-
234). Use of any assistance provided under this Agreement for acquisition or construction in an
area identified as having special flood hazards shall be subject to the mandatory purchase of flood
insurance with the requirements of S,ection 102(a) of said Act.
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h. Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts which exceed $100,000).
The 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 poliution 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 ~hapter 15 of Title 5, United States Code.
j. Lead-.Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential 'structures with
assistance provided under this Agreement shall be made subject to the provisions for the elimination
of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole cost, will comply
with the requirements of 24 CFR' 570.608 for notification, inspection, testing, and abatement
procedures concerning lead-based paint.' Such regulations require that'all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such properties
may contain lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment, and precautions that should be taken when dealing.with lead-
based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in whole
or in part with funds provided under Section 106 of the Act or with amounts resulting from a
guarantee under Section 108 of the Act by assessing any amount against properties owned and
occupied by persons. of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the AGt 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).
I. 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,
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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
of persons or businesses. If Subrecipient causes the involuntary temporary 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 and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulatio~s at 49 CFR 24 and 24 CFR 570.606.
Subrecipient hereby agrees to defend, to pay, and to indemnify the Grantee from and against any.
.and all claims and liabilities for relocation 'benefits or the provision of replacement dwelling units
required by federal statutes and regulations in connection with activities undertaken pursuant to this
Agreement.
10. Lobbying Restrictions
Subrecipient certifies that, to ~he 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 infll..!encing 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 them Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress"or employee of a Member of Congress, in connection with this
Federal Contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and
It will require that the 'Ianguage of this paragr~ph 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 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, United States Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
n. Provisions Required byLaw Deemed Inserted
Each and every provision of law and clause required by law to be inserte'd in this Contract shall be
deemed to be inserted herein and the contract shall be read and enforced as though it were
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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 for
in the National HistolicPreservationAct of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for Protection of
Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation Officerfor all rehabilitation
and demolition of historic properties that are fifty years old or older or that are:includedon 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 schedule set forth in Appendix B:
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
AUGUSTA. GEORGIA
(Grantee)
SEAL
~
111
By:
~
CA.."
,w~
. L a J. Bonner
Clerk of Commission
Bob Young
As its Mayor
ATTEST:
HOUSING AUTHORITY OF THE CITY OF AUGUSTA
(Subrecipient)
SEAL
By:
(X~- t:Z~~
Charles '=:-Mt,ttftttT 11 'Uon
As its Comptroller
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"
- APPENDIX A
Proiect Area
The activities will be undertaken at the following locations:
1. Little World of Learning Summer Camp - 1425 Walton Way, Augusta, GA
2. FunZone Summer Camp - Richmond'County Recreation & Parks Department
3. Augusta Youth Center Summer Camp - 1694 Hunter Street, Augusta, GA
APPENDIX B
Goals. Obiectives. and Tasks
The Housing Authority of the City of Augusta will provide summer enrichment activities for youths
iiving in public housing, Section 8 housing and other low-income situations. The funds will be used
to supplement three existing programs such that approximately 125 additional low-income youth
may participate. .
The Little World of Learning Summer Camp will sponsor a 10-week period, ten hours a day
summer camp program during the months of June, July and August 1999. Funds will be used to
provide activity scholarships for 40 children to attend summer camp activities. Low income school
age children, ages 5..12 years will be eligible to participate in the activities. Funds will also be used
to fund transportation costs. Summer activities will include field trips, instruction in swimming,
games; crafts and computer classes.
For the Summer Camp Program, the Subrecipient shall maintain records reflecting the names ofthe
youths, income eligibility, schedule of trips to include dates, destination, purpose of trip and
attendees. For recording of transportation costs, a mileage log shall be maintained to include the.
date of each trip, origin, destination, youth names, odometer reading and costs of trip per child.
FunZone Summer Camp.. This program, using CDBG funds, provides summer recreational
activities for children of public housing residents ages 6-12 years. The County's Recreation
Department will assist the Housing Authority with the operation of this program. Activities will be
undertaken' for eight weeks, Monday through Friday. Activities will include field trips, sports
participation. cultural activities and educational assistance.
For the FUNZONE Program, the Subrecipient shall maintain records reflecting the names of the
youths, income eligibility, schedule' of-trips to Include dates, destination, purpose of trip, attendees
and costs.
Augusta Youth Center Summer Camp - This program runs 5 hours a day, Monday through Friday
for 4 weeks. Activities will include computer training, games, skill-building activities and field trips.
A total of 45 low-income youth will participate in the program. CDBG funds will be used to provide
scholarships ~or 25 low-income youths.
For the Summer Camp Program, the Subrecipient shall maintain records reflecting the names of the
youths, income eligibility, schedule of trips to include dates, destination, purpose of trip, attendees
and costs.
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~.
APPENDIX C
Budaet
A total of $30,741.00 will be used to provide summer activity scholarships for the FunZone Summer
Camp, the Little World of Learning Summer Camp and the Augusta Youth Center Summer Camp.
APPENDIX D
Reoortina ReQuirements
The Subrecipient shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly Statistical Reports
Due each month by the 15th for the previous month.
2. Quarterly Progress & Financial Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Progress Report
4. Audit Report/Financial Report
ATTACHMENTS
1. Community Development Block Grant Entitlement ,Program 24 CFR 570
'2. 24 CFR 85 .
"Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments," specified at 24 CFR 570.502(a).
3. OMB Circular A-122 - "Cost Principles for Non-Profit Organizations"
4. OMB Circular A-133, "Audits of Institutions of Higher Education and Other Non-Profit
Institutions"
5. Augusta-Richmond County Procurement Policy
6. CDBG Income Verification
7. Reimbursement Request
8. Monthly Statistical Reports
9.. Quarterly Program Progress
10. Annual Program Progress'
11. Mileage Log .
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.'
Ie
.,.. v
", ~
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
ABLE-DISABLED, INC.
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ 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 ABLE-DISABLED, INC., (hereinafte'r 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 prog"rams 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 Able-Disabled Transportation Program. This program will
provide transportation for people with disabilities in Augusta-Richmond County during the hours
when other accessible transportation is unavailable.
The Subrecipient shall .do, perform, and carry out, in a satisfactory manner, as
determined by the Grantee, the goals, objectives, and tasks set forth in Appendix B, and
incorporated herein by reference.
2. TERM: TERIVIINA TION
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
AgreE~ment shall remain in effect until December 31, 2000 or until this
AgreE~ment is otherwise terminated.
b. The parties agree that the Grantee may terminate this Contract or any work or
delivery required hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
and Neighborhood Development Department (HND), shall determine that such
'i'
. ,
termination is in the Grantee's best interest. Termination, in whole or in part,
shall be effected by delivery of a Notice of Termination signed by the Mayor,
mailed or delivered" to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any. agreement or
provision contained herein upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notific:ation to the Subrecipient under any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided, or any other reason cited by HUD;
2) Notification by Hun 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 pr:oject 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-11 O.
(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.
.,
,{.
. i
3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
I. Judy Winters, President
II. lain T. R. Crawford, Project Manager
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination
of employment. Subrecipient shall notify the Grantee Director of HND within five
(5) calendar days after the occurrence of any of these events and provide the
following information, providing a detailed explanation' of the circumstances
necessitating the proposed substitutions, complete resumes for the proposed
substitutes, and any additional information requested by the Grantee's Director of
HND. Proposed substitutes should have comparable qualifications to those of
the persons being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified. to
reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance' of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the Grantee will
constitute non-compliance with this contract. If actions to correct such substandard
performance are nc)t 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 congucted 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 this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent jurisdiction to be void
or invalid,. such invalidity shall not affect the. remaining terms and conditions of this Agreement,
which shall continue in full force and effet;t.
,<
,<
-,
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 13.765 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 and 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.
Clients' eligibility data shall be included with said reimbursement request.
Payments will be made on a monthly basis only with a 30-day turnaround period by Grantee.
th '
Requests for payments must be received by Grantee not later than the 15 day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has been
paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8. USE OF FUNDS
Use of funds received pursuant to this Agreement shall be in accordance with the requirements
of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570 and
other regulations governing the Community Development Block 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. Any unused funds .
remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation
Act of 1973 (29 use 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24CFR 146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Orders 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
community development needs,as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefiting low and moderate income persons as a
public service limited clientele activity.
Subrecipient agrees to comply with tHe uniform administrative requirements specified at 24 CFR
570.502 and 24 CFR 570.610, including OMB 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 OMB Circular A-110. Subrecipient 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 approximately $0.
10. REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
CDBG funds (including funds provided to the Subrecipient in the form of a loan) in excess of
$25,000 will be uSE~d to meet one of the national objectives in S570.208 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 C:OSTS
Indirect costs will only be paid if Subrecipient has a indirect cost allocation plan approved by the
Department of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, 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. INDEMNIFICA liON
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 perf()rmance 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 insureds, 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 insureds. No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
15 days advance written notice to Grantee. All insurance policies required hereunder, or copies
thereof, shall be provided to Grantee by Subrecipient.
15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS 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'
Grantee 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 ttie 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. Only one amendmen.t to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to, submit to Grantee monthly clients' statistical reports,
. quarterly progress reports, 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 by January 30, 2001.
c. RECORDS TO .BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 570.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB 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 LInder this Agreement, and shall document all transactions so that all
expenditures may be properly audited. If the Subrecipient receives $300,000 or more in
combined federal assistance, it agrees to obtain an audit conducted in accordance with
OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial. reports to the Grantee. If Subrecipient do not prepare
financial statements on a monthly or quarterly basis, a detailed list of cash receipts and
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or documents related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a 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, if its program involves housing, agrees to affirmatively further fair
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. AUTHORIZATION TO EXECUTE AGREEMENT
The undersigned person signing as an officer on behalf of the Subrecipient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
. to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
or 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. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an indeperideHt contractor and shall be wholly
responsible for time, means and manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as they relate to the services provided during the course and
scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment 'and shall maintain an inventory record of all non-
expendable personal property as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions (iii) through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) 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 of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to post in conspicuous' places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race, c~eed, religion, sex, age, handicap, disability, sexual orientation,
ancestry, national origin, marital status, or any other basis prohibited by
applicable law.
(iii) 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.
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
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.
(vi) 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 Subrec!pient may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (i) and the provisions of paragraphs (i) through (vii)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor, issued pursuant to
Section 204 of Executiv.e Order 11246 of September 24, 1965, as
amended, so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor' as a result .of such direction by HUD, the Subrecipient may
request the United St(3tes 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:
i. Deny any facilities, services, financial aid, or other benefits provided'
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. 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,
iv. Restrict in 'any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid or other benefits under the program or activity.
v. 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.
vi. Deny any person with the legal right to work an opportunity to participate
in a program or activity as an employee.
c. Business and Employment Opportunities for Lower Income Residents, Women-
Owned Business Enterprises, and Minority-Owned Business Enterprises.
The Subrecipient will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the term "minority and female business enterprise," means a
business at least fifty-one (51 %) owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are African-American, Spanish-
speaking, Spanish surnamed or written representations by Subrecipients regarding their status
. as minority and female business enterprises in lieu of an independent investigation.
d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968, (12 USC 1701 u), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of
the project area, and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of
the project. In all solicitations for bids the contractor must, before signing the contract, provide a'
preliminary statement of the work force needs and plans for possible training and employment
of lower income persons. When a Subrecipient utilizes the bidding procedure to let a bid, the
invitation or solicitation for bids shall advise prospective contractors of the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause
shall be inserted as a component part of any contract or subcontract.
If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority~owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
2000det 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 assistar:lce 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 provisions which govern the payment of wages and the ratio of
apprentices and trainees to journeyworkers. 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 rate,s not less than those prevailing on similar construction in the
'Iocality 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
.. ,', '-1-' " .
Act (40 USC 327-332), and the Subrecipient shall comply with ail regulations issued pursuant to
these Acts and with other applicable Federal laws and regulations pertaining to labor standards,
including the Copeland "Anti-Kickback" Act. Provided that if wage rates higher than those
required under the regulations are imposed by State or Local laws, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher
rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 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 of1970 (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. Lead-Based Paint
Any grants or loans made by the Subrecipient for the rehabilitation of residential structures with
assistance provided under this 'Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole
cost, .will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may contain lead':'based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment, and precautions that should
be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Act or with amounts. resulting from
a guarantee under Section 108 of the Act by assessing any amount against properties owned
and occupied by persons of ,low and moderate income, including any fee charged or
assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received
under Section 106 'of the Act are used to pay the proportion of such fees or assessment that
relates to the capital costs of such public improvements that are financed from revenue sources
other than under Title I of the Act, or (2) for purposes of assessing any amount against
properties owned and occupied by persons of moderate income, the grantee certifies to the
Secretary of HUD that it lacks sufficient funds received under Section 106 of the Act to comply
with the requirements of subparagraph (1).
I. 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 of persons or businesses. If Subrecipient
causes the involuntary temporary 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 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. Subrecipient hereby agrees to defend, to pay,
and to 'indemnify the Grantee from and' against any and all claims and liabilities for relocation
benefits or the provision of replacement dwelling units required by federal statutes, and
regulations in connedion with activities undertaken pursuant to this Agre~ment.
m. Lobbying Restrictions
Subrecipient certifies ~hat, 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, an officer or 'employee of Congress, or employee of a' Member of Congress, in
connection with this; Federal Contract, grant, loan, or cooperative agreement, it will cC?mplete
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 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, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each 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
for in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800; Advisory Council of Historic preservation Procedures for
Protection of Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation, Officer for all
.rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the. contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix.B.
;.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
.1SY
~~tv
Lena. 0 oar.
. Clerk of Commission . .
ATTEST:
SEAL
ill ()€...-BI&El Brantley
As its Corporate Secretary
lli d~'-iY\ 0-n L'
l I j4Jl o;J./ . I I t=\)JJLWU
. (Plain Witness) .?
ABLE-DISABLED. INC.
By:
~-~~~~
Judy Winters
As its President
APPENDIX A
PROJECT AREA
The project location is 2101 Walton Way, Augusta, Georgia 30904. Services will be provided
within the project area designated as Augusta-Richmond County.
APPENDIX B
GOALS. OBJECTIVES AND TASKS
Able-Disabled, Inc. was formed to stimulate the. personal growth and overall progress of
persons with physical handicaps and to create a greater public awareness of the abilities and
needs of persons with physical limitations. Persons with disabilities are in great need of
accessible transportation during non-business hours at affordable costs.
The Subrecipient will coordinate the delivery of transportation services for people with
disabilities in Augusta-Richmond County. Transportation services will be provided during, but
not limited to, evenings and weekends, when conventional public transportation services are
unavailable. Services will be available for Health, General Welfare, Family, Self-Advocacy,
Support Groups, Community meetings, medical and cultural activities.
Community Development Block Grant (CDBG) funds will be used to paya the cost of fees
charged by transportation providers who operate specially-equipped handicapped accessible
vans and Wheel Chair Taxis. CDBG funds will also pay for office-related expenses incurred by
the Subrecipient in coordinating the scheduling of the transportation service. All recipients of
these transportation services shall be persons with disabilities, a limited clientele presumed by
the U. S. Department of Housing and Urban Development to be .low and moderate income
persons.
The Subrecipient shall procure the transportation services in accordance. with the procurement
procedures of the City of Augusta.
Transportation costs to be paid with CDBG funds shall not exceed:
Per Trip
Per Person-Per Day
$20.00
$40.00
The Subrecipient shall maintain a log of each trip to include date of trip, riders' name, trip origin,
destination, purpose, fee charged by provider, cost charged to CDBG and' cost charged to
Rider, if any. Files on each person assisted shall be maintained to include, but is not restricted
to, income data and verification for each person, application for services, record of services
provided, and documentation of costs for which assistance is provided.
Transportation services will start January 1, 2000, and end December 31, 2000. The total
number of trips to be provided during thil? period will be 400 - 500 trips at a rate of 40 - 50 trips
per month. A schedule for completion of this activity shall be submitted to Grantee within 15
days after the execution of this agreement. The schedule shall be in sufficient "detail for Grantee
to monitor the performance of this agreement.
.
~
APPENDIX C
BUDGET
Transportation
Office Expenses (telephone, supplies & postage)
Total
$12,000
$ 1,765
$13..765
APPENDIX D
ReDortinQ Requirements
The 'Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
. 1. Monthly Statistical
lh
Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Program Report - Due January 30, 2001
4. Audit Report/Financial Report
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CF 570
2. OMB Circular A-122
"Cost Prin'ciples for Non-Profit Organizations"
3. OMB Circular A-11 0
"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. CDBG Income Verification
7. Reimbursement Request
8. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Report
11. Trip Log
J
1:,
copy
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 Januarv, 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"
Th~, Subrecipient will deliver competent educational support to participating youths during the
scn~ol 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 B, 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
"
Notice of Termination signed by the Mayor, mailed 6;: delivered to Subrcecipient, and
specifically setting forth t~e 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 Subrecipientunder any of the following conditions:
1) Notification by HUD to the Grantee that said project is ineligible because of
project location, services provided, o~ 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 OMS 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
nE~cessitating the proposed substitutions, complete resumes for the proposed
substitutes, and any additional information requested by the Grantee's Director of
,.
"
HND. Proposed su6~titutes 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 notffied 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-dayperiod 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 receipfof 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 t~rms 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
t
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 Block 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 cO,ntractors 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, OMB Circular A-122, "Cost Principles for Non-
Profit Organizations," OMB Circular A-133, "Audits of Institutions of Higher Education and Other
Non-Profit Institutions," and Circular A-110, 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. INDIREC'r 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. GRANTOIR 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 ml~eting.
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. GENERAI_ 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;
iii. 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 SUbrE!cipienthereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the
termination of all activities funded under this contract, or after the res91ution 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 sp~cific activity is reported on fohhefinal 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 Subn~cipient 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) aCre 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 a~ended by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to its
books, records, and'accountsby 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 rul~s, 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
sLlbcontract 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, litiga~ion 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 me'et 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 workforce 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, an~ 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 occupancyjof 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 govern 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 "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 requiremen~s 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 _d
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. Provisiol1ls 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 1015 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. Acquisitil:m, 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 Subrec:ipient 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 ~r 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 req'uire 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 concurrence 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 govemed 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, ~he parties have set their hands and seals as of the date first written above.
ATTEST:
AUGUSTA, GEORGIA
(Grantee)
SEAL
C}iiJ
ATTEST:
100 BLACK MEN OF AUGUSTA, INC,
(Subrecipient)
SEAL
By:
c~ y2
. Clint Bryant . 0-
As its President
---
--r
~f)L~
Herb O'Conner
As its Corporate Secretary
Ph;; r;{L;~
. (Plain Witness)
:'.;:. \..J C::s-;-;;rj";i::~~3~C:1~'
.......~~
f_..I.....'.- .....
\...l.,.;;..i\:,;.,:.t :~ _ _ h, ,. .~'"
.'
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. TheSubrecipient 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 Coordihator
Administrative Assistant
Building Custodian
Total
APPENDIX D
Reportina Reauir,ements
$ 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
3. Annual Program Report - Due January 30, 2001
4. Audit Report/Financial Report
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CFR 570
2. OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-11 0
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other Non-
Profit Organizations"
4. OMB Circular A-133
"Audits of Institutions of Higher Education and Other Non-Profit Institutions"
5. Augusta-Richmond County Procurement Policy
6. CDBG Income Verification Form
7. Reimbursement Request
B. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Report
11. Time Sheets
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"
COpy
CONTRACT BETWEEN AUGUSTA, GEORGIA
AND
AUGUSTA COMMUNITY SERVICES, INC. d/b/a FRIENDSHIP COMMUNITY CENTER
FOR
YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into on this ~ day of Januarv, 2000, by and
between AUGUSTA, GEORGIA, by a.nd through the Augusta-Richmond County Commission,
as the Implementor of the Community Development Block Grant Program (hereinafter referred
to as "Grantee"), and AUGUSTA COMMUNITY SERVICES, INC., d/b/a FRIENDSHIP
COMMUNITY CENTER (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 its program which provides specialized services for mentally
handicapped persons including homeless persons.
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. TERM; TERMINATION
a. The services of the Subrecipient are to commence on Januarv 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 or
delivery required' hereunder, from time to time, either in whole or in part,
whenever the Commission, on recommendation from the Director of the Housing
and Neighborhood Development Department (HND), shall determine that such
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termination is in the Grantee's best interest. Termination, in whole or in part,
shall be effected by delivery of a Notice of Termination signed by the Mayor,
mailed or delivered to Subrecipient, and specifically setting forth the effective
date of termination.
c. Either party may terminate this Contract, without further obligation, for the default
of the other party or its agents or employees with respect to any agreement or
provision contained herein upon 15 days written notice to the other party. All
reports or accountings provided for herein shall be rendered whether or not
falling due within the contract period.
d. Further, the Grantee reserves the right to terminate this contract upon written
notification to the Subrecipient under any of the following conditions: .
1) Notification by HUD to the Grantee that said project is ineligible because
of project location, services provided, or any other reason cited by HUD;
2) Notification by HUD to the Grantee that said project is deficient and that
continued support of the project is not providing an adequate level of
services to low income 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.
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3. KEY PERSONNEL
a. Subrecipient shall assign to this Contract the following key personnel:
i. Phyllis C. Holliday, Executive Director
b. During the period of performance, Subrecipient shall make no substitutes of key
personnel unless the substitution is necessitated by illness, death, or termination
of employment. Subrecipient shall notify the Grantee Director of HND within five
(5) calendar days after the occurrence of any of these events and provide the
following information, providing a detailed explanation of the circumstances
necessitating the proposed substitutions, complete resumes for the proposed
substitutes, and any additional information requested by the Grantee's Director of
HND. Proposed. substitutes should have comparable qualifications to those of
the persons being replaced. The Grantee's Director of HND will notify the
Subrecipient within fifteen (15) calendar days after receipt of all required
information of the decision on substitutions. This clause will be modified to
reflect any approved changes of key personnel.
4. PERFORMANCE MONITORING
The Grantee will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the 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 this contract for which the Subrecipient may be held in default.
6. SEVERABILITY
If any term or condition of this Agreement is found by a court of competent Jurisdiction to be void
, or invalid, such invalidity shall not affect the remaining terms and conditions of this Agreement,
which shall continue in full force and effect..
7. COMPENSATION
The Subrecipient shall be paid a total consideration of $ 9.085 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
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Subrecipient and proper supporting documentation has be~h submitted in conformity with the
approved and 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.
Clients' eligibility data shall be included with said reimbursement request.
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 15 day of each
calendar month for work performed during the preceding calendar month. The Subrecipient
shall not claim reimbursement from the Grantee for that portion of its obligations which has been
paid by another source of revenue.
The Subrecipient shall notify the Grantee in writing of all authorized personnel who shall be
empowered to file requests for payment pursuant to this Agreement.
8.
USE OF FUNDS
.;
Use of funds recei~ed 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 Block 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. Any unused funds
remaining at the expiration of this agreement shall revert to Grantee.
In addition, the Subrecipient agrees to comply with other applicable laws, including the National
Environmental Policy Act of 1969 (and the implementing regulations at 24 CFR 58), the National
Historic Preservation Act of 1966 as amended (16 USC 470), Section 504 of the Rehabilitation
Act of 1973 (29 use 794) (and the implementing regulations at 24 CFR 8), the Americans with
Disabilities Act of 1990, the Age' Discrimination Act of 1975 (42 USC 6101) (and the
implementing regulations at 24 CFR 146), the prohibition against using debarred contractors at
24 CFR 570.609, and Executive Order~ 11063, 11246, 11375, 12086, and 12259.
Further, any funded activity must be designed or so located as to principally benefit lower
income persons, aid in the prevention or elimination of slums or blight, or meet urgent
. community development needs, as defined in the program regulations.
The Subrecipient agrees to maintain documentation that demonstrates that the activity carried
out with funds meets the national objective of benefiting low and moderate income persons.
Subrecipient agrees to comply with the uniform administrative requirements specified at 24 CFR
570.502, and 24 CFR 570.610, including OMB 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 OMB Circular A-11 O.
Subrecipient is .prohibited from using funds provided herein for political activities, sectarian or
religious activities, or lobbying activities.
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9. PROGRAM INCOME
Program Income (defined at 24 CFR 570.500 and 570.504) derived from the project is
anticipated to be approximately $0.
10. . REVERSION OF ASSETS
Any real property under the Subrecipient's control acquired or improved in whole or in part with
COSG 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 ~570.208 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 a indirect cost allocation plan approved by the
Depar!ment of Housing and Urban Development prior to the execution of this Contract.
12. TRAVEL
If applicable, 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 insureds, 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 insureds. 'No insurance policy providing any insurance
coverage required to be provided by Subrecipient hereunder shall be cancelable without at least
15 days advance written notice to Grantee. All insurance policies required hereunder, or copies
thereof, shall be provided to Grantee by Subrecipient.
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15. GRANTOR RECOGNITION
Subrecipient shall insure recognition of the role of the grantor agency in providing services
, through this contract. All activities, facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the Subrecipient will include a reference
to the support provided herein all publications made possible with funds made available under
this contract.
16. OPEN MEETINGS 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
Grantee 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 A~lreement shall be valid unless made in writing and signed by the parties
hereto. Only one amendment to said agreement shall be allowed during the program year.
19. GENERAL TERMS AND CONDITIONS
a. REPORTS
The Subrecipient agrees to submit to Grantee monthly clients' statistical reports,
quarterly progress reports, financial reports and any other reports that may be specified
in Appendix D.
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 December31 , 2000.
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c. RECORDS TO BE MAINTAINED
Subrecipient shall maintain all records required by the federal regulations specified in 24
CFR Part 5"10.506, 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 CDBG Program;
iii. Records required to determine the eligibility of activities;
iv. Financial records as required by 24 CFR Part 570.502, and OMB Circular
A-133; and
v. Other records necessary to document compliance with Subpart K of 24
CFR 570.
. Subrecipient agrees to keep all riecessary books and records, including property,
personnel and financial records, in connection with the operations and services
performed under' this Agreement, and shall document all transactions so that all'
expenditures may be properly audited. If the Subrecipient receives $300,000 or more in
combined federal assistance, it agrees to obtain an audit conducted in accordance with
OMB Circular A-133. However, if an audit is not required, the Subrecipient agrees to
provide quarterly financial reports to the Grantee. If Subrecipient do not prepare'
financial statements ona monthly or quarterly basis, a detailed list of cash receipts and.
disbursements should be submitted to Grantee quarterly.
d. ACCESS TO RECORDS
The Subrecipient agrees that the Grantee or any authorized representative has access
to and the right to examine all records, books, papers, or ~ocuments related to the
project.
e. RETENTION
The Subrecipient hereby severally warrants that all project records, books, papers, and
documents will be retained for a period of not less than four (4) years after the
termination ()f 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.
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f. PERMITS
The Subrecipient agrees t6 o6tain all necessary permits for intended improvements or
activities.
g. AFFIRMATIVE ACTION
The Subrecipient, if its program involves housing, agrees to affirmatively further fair
housing.
h. CONFLICT OF INTEREST
The Subrecipient hereby severally warrants that 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. AUTHORIZATION TO EXECUTE AGREEMENT
. The undersigned person signing as an officer on behalf of the Subrecip,ient, a party to
this Agreement, hereby severally warrants and represents that said person has authority
to enter into this Agreement on behalf of said Subrecipient and to bind the same to this
Agreement, and further that said Subrecipient has authority to enter into this Agreement
and that there are no restrictions or prohibitions contained in any article of incorporation
or 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 use 794) (and the implementing
regulations at 24 CFR 8); the Americans with Disabilities Act of 1990 (PL 101-336), and
all state and local laws requiring physical and program accessibility to people with
disabilities, and agrees to defend, hold harmless, and indemnify the Grantee from and
against any and all liability for any noncompliance on the part of the Subrecipient.
k. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner
to, create or establish an employer-employee relationship between the parties, nor shall
any employee of the Subrecipient by virtue of this Contract be an employee of the
Grantee for any purpose whatsoever, nor shall any employee of the Subrecipient be
entitled to any of the rights, privileges, or benefits of Grantee employees. The
Subrecipient shall be deemed at all times an independent contractor and shall be wholly
8
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responsible for time, means and manner for performance of the services required of it by
the terms of this Contract. The Subrecipient assumes exclusively the responsibility for
the acts of its employees as they relate to the services provided during the course and
scope of their employment.
I. PROCUREMENT
The Subrecipient shall comply with Augusta-Richmond County's current policy
concerning the purchase of equipment and shall maintain an inventory record of all non-
expendable personal property as defined by such policy and as may be procured with
funds provided herein.
20. OTHER PROVISIONS
a. Equal Employment Opportunity
The following provisions (i) and (ii) are applicable to all contracts and
subcontracts; provisions(iii) through (vii) are applicable to all non-exempt
construction contracts and subcontracts which exceed $10,000:
(i) 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 of compensation, and selection for training including
apprenticeship. The Subrecipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
(ii) The Subrecipient will, in all solicitations or advertisements for employees
placed by or on behalf of the Subrecipient, state that all qualified
applicants will receive consideration for employment without regard to
race, creed, religion, sex, age, handicap, disability, sexual orientation,
ancestry, national origin, marital status, or any other basis prohibited by
applicable law.
. (iii) 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.
9
(iv) 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 of the rules, regulations, and relevant orders
of the Secretary of Labor.
.
(v) The Subrecipient will furnish all information and reports required by
Executive Orders 11246 of September 24, 1965, as amended, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
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.
(vi) In the event of the Subrecipient's noncompliance with the
nondiscrimination clauses of this Contract or with any of the said rules,
regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Subrecipient may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, as amended, or as
otherwise provided by law.
(vii) The Subrecipient will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7)
in every sLJbcontractor purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor, issued pursuant to
. Section 204 of Executive Order 11246 of September 24, 1965, as
amended,so that such provisions will be binding upon each
subcontractor or vendor. The Subrecipient will take such action with
respect to any subcontract or purchase order as HUD may direct as a
means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subrecipient
becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by HUD, the'Subrecipient may
request the United States to enter into such litigation to protect the
interests ofthe United States.
b. Equal Opportunity in Participation
Unde~r 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
10
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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:
,',
i. Deny any facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any facilities, services, financial aid, or other benefits which are
different, or are provided in a different form from that provided to others
under the program or activity.
iii. 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.
iv. Restrict in any way access to, or the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial
aid or other benefits under the program or activity.
v. Treat an individual differently from others in determining whether the
individual satisfies any admission, enrollment, eligibility, membership, or
other requirem~nt or condition which the individual must meet in order to
be provided any facilities, services, or other benefit provided under the
program or activity.
vi. 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-
spe~king, Spanish surnamed or written representations by Subrecipients regarding their status
as minority and femclle business enterprises in lieu of an independent investigation.
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d. SECTION 3 CLAUSE
The Subrecipient will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban DevelopmentAct of 1968, (12 USC 1701i.J), as amended, and the HUD
regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest
extent feasible, opportunities for training and employment be given to lower income residents of
the project area, and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of
the project. In all solicitations for bids the contractor must, before signing the contract, provide a
preliminary statement of the work force needs and plans for possible training and employment
of lower income persons. When a Subrecipient utilizes the bidding procedure to let a bid, the
invitation or solicitation for bids shall advise prospective contractors of the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause
shall be inserted as a component part of allY contract or subcontract.
.If a Subrecipient solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the
solicitation or invitation for bidders.
e. Nondiscrimination in Federally-Assisted Programs
The Subrecipient will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC
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 provisions which govern the payment of wages and the ratio of
apprentices and trainees to jourrieyworkers. 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 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 "Anti-Kickback" Act. Provided that if wage rates higher than those
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required under the regulations are imposed by State or Local laws, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher
rates.
g. Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(PL93-234). Use of any assistance provided under this Agreement for acquisition or
construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance with the requirements of Section 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. Lead-Based Paint
Any grants or loans made by the Suorecipient for the rehabilitation of residential structures with
assistance provided under this ,Agreement shall be made subject to the provisions for the
elimination of lead-based paint hazards under 24 CFR Part 35. The Subrecipient, at its sole
cost, will comply with the requirements of 24 CFR 570.608 for notification; inspection, testing,
and abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may contain lead-based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment, and precautions that should
be taken when dealing with lead-based paint poisoning.
k. Special Assessments
Subrecipient will not attempt to recover' any, capital costs of public improvements assisted in
whole or in part with funds provided. under Section 106 of the Act or with amounts resulting from
a guarantee under Section 108 of the Act by assessing any amount against properties owned
and occupied by persons of low' and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless: (1)
funds received under Section 106 of the Act are used to pay the proportion of such fees or
assessment that relates to the capital costs of such public improvements that are financed from
revenue sources other than under Title I ofthe Act, or (2) for purposes of assessing any amount
13
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).
I. 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
1 04( d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless
specifically permitted in Appendix B or Appendix C, Subrecipient will not cause either
temporary or permanent involuntary displacement of persons or businesses. If Subrecipient
causes the involuntary temporary 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 th~ 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. Subrecipient hereby agrees to defend, to pay,
and to indemnify the Grantee from and against any and all claims and liabilities for relocation
benefits or the provision of. r~placement 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 o'f 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 th.an Federal app~opriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or employee of a Member of Congress, in
connection with this Federal Contract,granf, 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.
14
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, United States Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100;000 for each such failure.
n. Provisions Required by Law Deemed Inserted
Each 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
for in the National Historic Preservation__Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in CFR, Part 800, Advisory Council of Historic preservation Procedures for
Protection of Historic properties, insofar as they apply to the performance of this contract.
In general, this requires concurrence from the State Historic Preservation' Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or local historic property list.
21. MISCELLANEOUS
a. This Agreement shall be governed by and construed according to the laws of the
State of Georgia.
b. Time shall be of the essence to this Contract, except where it is herein
specifically provided to the contrary. Subrecipient shall provide the scope of
services in accordance with the schedule set forth in Appendix B.
15
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
ATTEST:
SEAL
ATTEST:
SEAL
~~~
As its Corporate Secretary
~~10,~
(plain Witm~ss) .
~
'BY
16
AUGUSTA, GEORGIA
(Grantee)
AUGUSTA COMMUNITY SERVICES
d/b/a FRIENDSHIP COMMUNITY CENTER
(Subrecipient)
By:
,
GJ~ ~ ~
Phyllis C. Holliday . - .J
As its Executive Director
..
APPENDIX A
PROJECT AREA
The project location is 1302 Merry Street, Augusta, Georgia. Th~ Subrecipient's office facility is
located at 1720 Central Avenue, Augusta, Georgia.
,APPENDIX B
GOALS. OBJECTIVES AND TASKS
The Friendship Community Center sponsors socialization programs providing assistance to
mentally handicapped and homeless persons recovering from a variety of emotional and mental
disorders. The purpose of the programs is to provide individuals with a successful transition
from a homeless or hospital environment to community living' with a minimal use of mental
health services. The program utilizes a ,"holistic" approach to improve social, physical,
emotional and cognitive needs by providing transitional structure and remediation for problem
areas. The center provides programs which include life skills discussions, education,
community awareness, arts/crafts, ceramics, exercise and music. The operational hours of the
center are Monday through Friday 8:30 a.m. to 4:00 p.m.
Community Development Block Grant funds will be used to complete renovations and
installation of equipment for commercial kitchen, day treatment area and classroom equipment
for education program at the facility located at 1302 Merry Street.
The Grantee shall manage all aspects of the construction to include inspections, work write-ups,
, development of plans and specifications, bidding of project, contractor selection and payments
until project completion. Construction is scheduled to be completed by December 31, 2000.
During the period beginning January 1, 2000 and ending December 31, 2000, the Subrecipient
will assist 274 low income persons. 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 client shall contain, but is not restricted to, income data,
income verification, application for services, record of services provided, and fees charged for
services, if any.
A schedule for completion of this activity shall be submitted to Grantee within 15 days after the
execution of this agreement. The schedule shall be in sufficient detail for Grantee to monitor the
performance of this agreement.
,;.'1
APPENDIX C
BUDGET
Renovations to Kitchen (freezer, ice maker & dishwasher)
Copier for classroom
Total
$7,585
1,500
$9,085
17
.;
APPENDIX D
ReoortinQ Requirements
The Subrecipient shall submit to the Grantee the following reports for the term of this
agreement.
1. Monthly Statistical
th
Due each month by the 15 for the previous month.
2. Quarterly Progress Reports
Due April 15, 2000, July 15, 2000, October 15, 2000 and January 15, 2001.
3. Annual Program Report - Due January 30, 2001
4. Audit Report/Financial Report
ATTACHMENTS
1. Community Development Block Grant Entitlement Program 24 CF570
2. . OMB Circular A-122
"Cost Principles for Non-Profit Organizations"
3. OMB Circular A-11 0
"Grants and Agreements with Institutions of Higher Education, Hospitals, & Other
Non-Profit Organizations" .
4.0MB Circular A-133, "Audits of Institutions of Higher Education and Other Non-
Profit Institutions" '
5. Augusta-Richmond County Procurement Policy
6. CDBG Income Verification
7. Reimbursement Request
8. Monthly Statistical Reports
9. Quarterly Program Progress
10. Annual Performance Report
-'-
,
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